Throughout my short time on this planet I have run into several sexual harassment plights. From my manager being fired to my brother being accused, arrested, and finally acquitted. This topic has hit close to home...
The problem of sexual harassment of women at workplace is an age-old problem. More women work due to severe economic constraints. Problem has become more aggravated. Guidelines passed by the Supreme Court of India in “Vishakha and others Vs State of Rajasthan”, 1998. Accordingly Women’s Complaints Committees have been or should be constituted. Yet the harassment of women at workplace remains unabated and many women are being victimized. These women are traumatized and need counseling before, on the day and after experiencing harassment. Family support is of paramount importance at such times.
ReadySetPresent (Sexual Harassment PowerPoint Presentation Content): 100+ PowerPoint presentation content slides. Harassment in the workplace is the precursor to a hostile work environment. Understanding the difference between what is and is not sexual harassment, ones responsibilities as an employee and the consequences if harassment does occur will enable employees and managers to work in a comfortable environment. Sexual Harassment PowerPoint Presentation Content slides include topics such as: what is and is not sexual harassment, 6 types of sexual harassment, 10+ slides on various classes of harassment, 3 slides on who is the harasser, 3 slides on what sexual harassment causes, 10 slides on the complaint procedure, 10 slides on the consequences and effects of sexual harassment, 15+ slides on statistics, 10 slides on countries with similar harassment policies to the U.S. and more.
The problem of sexual harassment of women at workplace is an age-old problem. More women work due to severe economic constraints. Problem has become more aggravated. Guidelines passed by the Supreme Court of India in “Vishakha and others Vs State of Rajasthan”, 1998. Accordingly Women’s Complaints Committees have been or should be constituted. Yet the harassment of women at workplace remains unabated and many women are being victimized. These women are traumatized and need counseling before, on the day and after experiencing harassment. Family support is of paramount importance at such times.
ReadySetPresent (Sexual Harassment PowerPoint Presentation Content): 100+ PowerPoint presentation content slides. Harassment in the workplace is the precursor to a hostile work environment. Understanding the difference between what is and is not sexual harassment, ones responsibilities as an employee and the consequences if harassment does occur will enable employees and managers to work in a comfortable environment. Sexual Harassment PowerPoint Presentation Content slides include topics such as: what is and is not sexual harassment, 6 types of sexual harassment, 10+ slides on various classes of harassment, 3 slides on who is the harasser, 3 slides on what sexual harassment causes, 10 slides on the complaint procedure, 10 slides on the consequences and effects of sexual harassment, 15+ slides on statistics, 10 slides on countries with similar harassment policies to the U.S. and more.
Sexual Harassment Prevention For SupervisorsBernie McCann
A professional training seminar for supervisors and managers to assist them in recognizing potential sexual harassment in the workplace, hostile environments and how to address this behavior in employees.
Sexual Harassment PowerPoint PPT Content Modern SampleAndrew Schwartz
136 slides include: what is and is not sexual harassment, 6 types of sexual harassment, various classes of harassment, who is the harasser, what sexual harassment causes, the complaint procedure, the consequences and effects of sexual harassment, statistics, sexual harassment policies in other countries as compared to those in the United States of America and more.
The problem of sexual harassment of women at workplace is an age-old problem. With the entry of more women in the work force of a country due to severe economic constraints, the problem has become more aggravated. Supreme Court of India in “Vishakha and others VS State of Rajasthan”, 1998 and the Apparel Export Promotion Council case are declared to be the law of the land and binding to all concerned until a comprehensive legislation is enacted for the purpose. The Supreme Court formulated certain guidelines for WHWP.
Sexual Harassment & Gender Discrimination by Janice Anne LeolegalPadmin
Speech by Janice Anne Leo, Partner from Shook Lin & Bok, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Sexual Harassment Prevention For SupervisorsBernie McCann
A professional training seminar for supervisors and managers to assist them in recognizing potential sexual harassment in the workplace, hostile environments and how to address this behavior in employees.
Sexual Harassment PowerPoint PPT Content Modern SampleAndrew Schwartz
136 slides include: what is and is not sexual harassment, 6 types of sexual harassment, various classes of harassment, who is the harasser, what sexual harassment causes, the complaint procedure, the consequences and effects of sexual harassment, statistics, sexual harassment policies in other countries as compared to those in the United States of America and more.
The problem of sexual harassment of women at workplace is an age-old problem. With the entry of more women in the work force of a country due to severe economic constraints, the problem has become more aggravated. Supreme Court of India in “Vishakha and others VS State of Rajasthan”, 1998 and the Apparel Export Promotion Council case are declared to be the law of the land and binding to all concerned until a comprehensive legislation is enacted for the purpose. The Supreme Court formulated certain guidelines for WHWP.
Sexual Harassment & Gender Discrimination by Janice Anne LeolegalPadmin
Speech by Janice Anne Leo, Partner from Shook Lin & Bok, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Title VII of the Civil Rights Act (1964)
An employer cannot discriminate on the basis of race, color, religion, sex, or national origin with respect to employment.
Coverage
All public or private employers of 15 or more persons.
All private and public educational institutions, the federal government, and state and local governments
All public and private employment agencies
All labor unions with 15 or more members
Conflict Resolution ScenarioHRM 595Running head CON.docxmargaretr5
Conflict Resolution Scenario
HRM 595
Running head: CONFLICT RESOLUTION SCENARIO
1
CONFLICT RESOLUTION SCENARIO
2
Conflict Resolution Scenario
Conflicts of various degrees occur in the workplace every day and typically are resolved by the affected parties without managerial or HR notification; however, most organizations agree that HR needs to step in when one or more of the following occurs: employees threaten to quit over an incident; the conflict is beginning to affect morale which eventually impacts organizational goals; and or the conflict gets personal resulting in the loss of respect between employees. The scenario between Mendez and Wilson certainly warrant the attention of HR and the application of an effective, prompt, and fair resolution. Conflict resolutions will be addressed, for this scenario, and other will be brought forth to implement in other scenarios.
Conflict Resolution Techniques
Success in a business often depends on resolution of conflict. A comprehension of conflict management techniques allows management to better handle with conflicts before they intensify. There are several different techniques that a manger can choose to implement for conflict management.
One of the conflict management techniques is accommodating. This involves granting the opposition what it wants. This technique is usually used when one of the participants wants to avoid discord or sees the problem as minimal. Those in management who utilize this technique as their main conflict management tool may face resentment.
Another conflict management strategy is avoidance, which can put the conflict off for an indefinite period of time. The purpose of this strategy is the hope that the problem will work itself out and elude altercation. Many times, those who circumvent conflict are found to have low self-esteem, or have limited power in their position. Alternatively, avoidance can assist in a cost-effective conflict management strategy. Such as terminating a low producing employee and hiring a more industrious worker can appease conflict. (Dontigney, 2017)
Conflict Resolution
Conflicts can vary from a simple resolution to having conflicts that can affect the company’s reputation, as “conflict in a work environment may be inevitable, as employees do have different personalities, opinions, and goals that differ from one another.” (AMA, 2017). Ana Mendez has reported to Employee Relations and indicated she is being sexual harassed by another employee Ellis Wilson. Ana Mendez has that right and anyone that feels harassed in any type or form to report the harassment. Ellis needs to comprehend certain actions can be perceived as sexual harassment advances and any type of harassment will not be tolerated.
Robert Miranda from Employee Relations Manager has come to see me on this situation that needs immediate attention and what we will do to resolve this conflict of sexual harassment at Blossoms Up! I have suggested to Robert Miranda to com.
Running head LEGAL POLICY AND HUMAN RESOURSE .docxwlynn1
Running head: LEGAL POLICY AND HUMAN RESOURSE 1
LEGAL POLICY AND HUMAN RESOURCE 4
Legal Policy and Human Resource
Student’s Name
Institution Affiliation
Legal Policy and Human Resource
Written presentation
A written presentation in a legal case and a legal concept is more often beneficial regardless of the case may be or whether a court has directed one to file any. Judges barely complain about written presentation so long as the opposing party is given a copy. Written submission entails the identity of the case plus the party which a barrister is writing the presentation for. It should be brief and not repetitive, be rightfully structured according to the nature of a case, e.g., use of appropriate headings and sub-heading, provide tables of content in complex cases. Headings should not be generic but rather useful, be in a logical order for easy decision making. A written presentation should be written early and often. A problem may arise when drafting the presentation and the earlier they are identified, the easier it will be to fix them.
The written presentation should at least be submitted to a judge a day before the hearing. It is better for one to email the presentation to the chamber then file them at the registry. Written submission should contain an opening, legal issues, and closing submissions. After one is done with writing the presentation, he/she should proofread it to collect grammatical errors, spelling mistakes, and poor formatting.
Oral presentation
In oral presentations, the first golden rule is for barristers to know that their first duty is not to their clients but rather to the court. A lawyer must never mislead a court because the court looks upon them for assistance (Mlphurs, 2013). If a court asks a question, the lawyer should answer it; if he or she is unable to answer, he should seek for assistance or take the question on notice. During the hearing, a lawyer should announce his or/her name and the party he appears for transparently. He/she should be prepared with short written notes discussed with any other side beforehand. State matters that are contentious and those that are not, have documents needed ready and copies for the opposing party, bring copies to the court as well and be aware of the power that the court posses to grant the orders your seeking. In the notice of the motion, a lawyer should state the power for relief sought if it is not contained in motion, give copies of any written evidence to the opponents, give summary of the details in the presiding, state what evidence he/she is relying on, The oral presentation should also have an opening submission, evidence, and closing submission. The opening submission should be brief, the evidence should be relevant and finally the closing submission should be referred back to the evidences provided.
Legal terminologies in employmen.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
The Green Buffalo Hemp Institute is a training and development farm (and processing warehouse) designed to co-create career opportunities through an entrepreneurial hemp farming-franchisee program.
• The public believes that welfare is anti-work and anti-family.
• Polls show that the public wants welfare reform in ways that don’t penalize children.
• Welfare recipients find the system demoralizing; most would prefer to work.
• Experts note that welfare has done little to stem the growth of poverty among children.
• Welfare benefits are insufficient to move a family above the poverty line.
The closing of all Clark County High School Campuses has created food facility constraints and school-wide logistical constraints on the subject property...
The variables involved in attaining an independent restaurant liquor license in Clark County, seem rather daunting.
From the process in reaching the licensing committee to the decision freedoms the committee has by legal right. Each step in the process is a barrier to entry and that does not include the fees involved.
So, why is it difficult to attain a liquor license and
who does the process benefit?
The proverbial ‘location is golden’ phrase in the restaurant business still remains a constant force in site selection and something to be reckoned with...
How to begin and maintain excellent long-term relationships with the suppliers involved in a new independent restaurant concept.
The emphasis is on long-term because an exceptional first impression goes a long way in maintaining an excellent long-term relationship.
Branding has become a key word in the successful business world today. The simple basis for the success of branding being consumer trust.
The consumer trusts a name brand for many reasons and whether that trust is based on fact is irrelevant to the short-term financial prowess of branding itself. And that is where a danger sign should arise.
The creation and maintenance of corporate culture is discussed with a strong emphasis on spiritual interdependency and how it affects the current workplace.
And while spiritualism is emphasized, values are clearly the building blocks of culture itself.
We will be using a build-up approach for forecasting revenue based upon an analysis of the direct competition’s restaurant activity.
The build-up approach uses a competitive index where the patrons per week at each meal period is divided by the number of seats available.
This competitive index indicates the restaurant’s productivity and popularity by representing the number of patrons served per seat in one week.
To help forecast daily covers, I have chosen to use historical data from six different independent variables:
- Daily Visitors
- Daily Convention Attendance
- Daily Air Traffic
- Daily Southern California
- Automobile Traffic
- Projected Daily Advertising Dollars Spent
For the purposes of this paper, service will be a synonym for the product of the Hospitality industry.
The relation of service to the hospitality industry does not necessarily mean that this paper has a limited scope.
Service expectations and how they are formed can be related to the entire field business and humanistic interaction.
This study consists of two parts:
The first part is a 1994 financial statement analysis which analyzes the Outback and their operation, the dinner house industry, the direct competition, and the Outback’s financial strength with direct competition and industry average comparatives.
The second part takes that information and identifies a problem while considering the strengths, weaknesses, opportunities, and threats as well as analyzing the stakeholders and the industry in general.
And ends with strategy generations, evaluations and a final recommendation on the strategies.
This is the public presentation for a crowdfunder.com capital raising. Please go to https://www.crowdfunder.com/zion for more in depth investor information.
In success, I realize it’s often ‘the journey’ that counts. In failure, I realize it’s often the ‘anticipation of the reward’ that motivated me to make the effort.
This is the public presentation for a crowdfunder.com capital raising. Please go to https://www.crowdfunder.com/lunais for more in depth investor information.
This is the public presentation for a crowdfunder.com capital raising. Please goto https://www.crowdfunder.com/luvrulesdotcom for more in depth investor information.
This is the public presentation for a crowdfunder.com capital raising. Please goto https://www.crowdfunder.com/masterplan for more in depth investor information.
This is the public presentation for a crowdfunder.com capital raising. Please goto https://www.crowdfunder.com/casino for more in depth investor information.
More from Infinity Hospitality & Entertainment International (20)
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Modern Database Management 12th Global Edition by Hoffer solution manual.docxssuserf63bd7
https://qidiantiku.com/solution-manual-for-modern-database-management-12th-global-edition-by-hoffer.shtml
name:Solution manual for Modern Database Management 12th Global Edition by Hoffer
Edition:12th Global Edition
author:by Hoffer
ISBN:ISBN 10: 0133544613 / ISBN 13: 9780133544619
type:solution manual
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All chapter include
Focusing on what leading database practitioners say are the most important aspects to database development, Modern Database Management presents sound pedagogy, and topics that are critical for the practical success of database professionals. The 12th Edition further facilitates learning with illustrations that clarify important concepts and new media resources that make some of the more challenging material more engaging. Also included are general updates and expanded material in the areas undergoing rapid change due to improved managerial practices, database design tools and methodologies, and database technology.
Artificial intelligence (AI) offers new opportunities to radically reinvent the way we do business. This study explores how CEOs and top decision makers around the world are responding to the transformative potential of AI.
Oprah Winfrey: A Leader in Media, Philanthropy, and Empowerment | CIO Women M...CIOWomenMagazine
This person is none other than Oprah Winfrey, a highly influential figure whose impact extends beyond television. This article will delve into the remarkable life and lasting legacy of Oprah. Her story serves as a reminder of the importance of perseverance, compassion, and firm determination.
1. SEXUAL HARASSMENT IN THE RESTAURANT INDUSTRY
AN EMPLOYER’S PERSPECTIVE
by
david harold moore
November 27, 1995
2. page ii
CONTENTS
Title Page
Point of Interest 1
1. INTRODUCTION 1
Where the Industry is Now 1
2. SEXUAL HARASSMENT 3
Sex Discrimination 3
Sexual Harassment 4
Quid Pro Quo 5
Hostile Environment 6
Third Party Sexual Harassment 7
Sexual Favoritism 7
New Age Sexual Harassment 8
Women Harassing Men 9
Same Gender Harassment 9
Summary 10
3. THE BALANCE 10
Guidelines to a Proactive Policy 11
A Proactive Policy Outline 12
4. CONCLUSION 14
5. REFERENCES A
3. page 1
SEXUAL HARASSMENT IN THE RESTAURANT INDUSTRY
AN EMPLOYER’S PERSPECTIVE
Throughout my short time on this planet I have run into several sexual harassment plights.
From my manager being fired to my brother being accused, arrested, and finally acquitted. This
topic has hit close to home as I am sure it already has or will hit close to yours.
INTRODUCTION
As will be shown through the discussion of this topic -- sexual harassment is serious
business. Business being the keyword. Do not think for one-second that each and
every business throughout this country will not be confronted with the issue of sexual
harassment. The restaurant industry is not free from public criticism regarding sexual
harassment just because there has not been much controversy to date. In truth, this
could and probably will become the most colossal threat to the ‘hospitality vibe’ this
industry has tried so hard to create.
With the terms sex discrimination, quid pro quo harassment, hostile environment
harassment, third-party sexual harassment, sexual favoritism, and new age sexual
harassment becoming the buzz words for the 90’s, there truly is something important to
worry about. However, with a clear understanding of what these terms mean as well as
understanding how to handle each plight set before the employer, a proactive policy
can be created. This policy is what may save the employer millions of dollars.
Where the Industry is Now?
In the May 8, 1995 issue of Nation’s Restaurant News, there is a perfect example of
where this archaic industry is heading. Chris Sullivan, CEO of the Outback Steakhouse,
states in reply to sexual harassment worries, “We’re focused on the development of our
people. You’ve got to have employees who will deliver. And they can do that only if they’re
4. page 2
motivated”. The article goes on to say that these motivated people should be focused on
quality and other ‘things’ should not get in the way if you give your people a piece of
the action. This is then supported by James Near, chairman of Wendy’s, who states “If
you worry about quality issues, other things like sexual harassment won’t even exist.” It is this
infectious ignorance that will be the downfall of these companies. However
unbelievable, this is only one of the two impetuous extremes.
The other extreme being the concept of zero tolerance. As Deborah Hollis, VP for
Hardee’s, states, “We must take affirmative steps and let our people know that we have zero
toleration policies. In addition, we have made it clear that we don’t tolerate fraternization
between managers and non managers. The restaurants had once been a social club and we
emphasized that they’re places of business by terminating managers because of sexual
harassment issues. That made everyone take notice!”. (Kapner, 1995) It is the combination
of these two extremes that should scare the employer to death.
The reason being quite simple; there is a strong closeness to those who work in
restaurants. Restaurants are tight working units. The machinery that makes a
restaurant work are people. The people must have fun together to create a hospitality
vibe which is not quantifiable in dollar terms. It is this closeness and vibe which can
make the difference between a great restaurant and just a good one. Service is the
intangible difference which is in jeopardy due to the extremist and reactionary views
iterated above. It is the balance of these two views which must be striven for to attain
the all too essential hospitality vibe
5. page 3
The question remains, what is the balance? Before a balanced policy can be created, the
intricacies of the sexual harassment issue must be understood.
SEXUAL HARASSMENT
Before beginning with sexual harassment the term sex discrimination must be explained
since it is the basis of sexual harassment.
SEX DISCRIMINATION
The wide spread existence of sex discrimination, the act of making differences and
distinctions between the sexes, against women is well documented. Women’s salaries
are typically lower than those of men and discrimination often presents a glass ceiling
that thwarts women in advancing their careers (Lee, 1995). However, the same can now
be said of both men and women due to the increase of women in the workplace as well
as the prominence of homosexuality. Besides the now obvious examples above, sex
discrimination usually leads to lower overall productivity of an organization’s work
force -- this is not an employer’s organizational goal.
Ignorance is Bliss Zero Tolerance
6. page 4
The many laws addressing sex discrimination, and therefore sexual harassment, include
the Equal pay act of 1963 which required equal pay for equal work between the sexes and
Title VII of the Civil Rights Act of 1964 which prohibited sex discrimination with respect
to terms, conditions, and privileges of employment. In Addition, special protections
against various forms of sex discrimination are available to government workers
through the due process clause of the Fifth and Fourteenth Amendments as well as the
equal protection clause of the Fourteenth Amendment. Finally, state and local cases may
be filed using the Civil Rights Act of 1871 (also known as Section 1983 Suits since the
legislation is codified at 42 U.S.C. 1983). (Lee, 1995) However complex, Title VII of the
Civil Rights Act of 1964 is the main piece of legislation regarding sex discrimination and
sexual harassment cases.
Although sex was of comparatively minor concern in drafting the Civil Rights Act of
1964, the Title VII ban on sex discrimination has been interpreted to include sexual
harassment (Lee, 1995).
SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination. Under both state and federal law,
sexual harassment means (1) sexual favors sought for employment benefits or
detriments (quid pro quo), or (2) harassment of a sexual nature which unreasonably
interferes with an individual’s work performance or creates an intimidating, hostile or
offensive work environment (hostile environment). (Rizzotti, 1995)
The employer is liable for these sexual harassment claims due to the Civil Rights Act of
1964 which acknowledged the parameter of employer liability under traditional agency
principle of respondeat superior; which is to say that the employer must respond for the
7. page 5
wrongful acts of managing employees when such acts arise out of the scope of the
managers’ employment (Sherry, 1995). In addition, the Civil Rights Act of 1991 has given
victims the right to sue for punitive and compensatory damages as well as back pay
(Kruger, 1995). This Act can, and has, brought multi-million dollar judgments against
the employer.
The employer must not forget that those who are sexually harassed can experience
sever harm in terms of their careers, personal finances and mental health (Lee, 1995).
This is the basic reason for the law. After all, the law is the lowest common
denominator for socially acceptable behavior (Goll, 1995).
Again, there are two basic types of sexual harassment -- quid pro quo harassment and
hostile work environment harassment.
QUID PRO QUO HARASSMENT
Quid pro quo discrimination arises when a supervisor or coworker pressures an
employee to engage in unwelcome sexual activity in exchange for a job benefit or to
avoid the threat of a job detriment (Rizzotti, 1995). It is also know as sexual extortion
(Lee, 1995).
A classic example of a quid pro quo discrimination is a supervisor who demands that a
subordinate engage in sexual activity in order to receive a promotion. The more
gregarious the behavior the more likely there being a punitive damage award. (Rizzotti,
1995)
Quid pro quo actions, unlike those involving a hostile environment, have never been
heard by the Supreme court. This is because the issues involved are fairly
8. page 6
straightforward as opposed to the difficulty of defining hostile environment harassment.
(Lee, 1995)
HOSTILE ENVIRONMENT HARASSMENT
A hostile environment exists wherever employees are exposed to persistent and
unwelcome lewd remarks, sexual taunting, talking in seductive tones, queries about
one’s personal life, suggestive sounds, obscene gestures, pinching, touching, and
references to anatomy and physical appearance by anyone entrusted with control of
company policy if the acts were performed in the execution of a corporate function
(Sherry, 1995).
In order to prevail in a claim of hostile environment sexual harassment, one must show
five conditions: (1) one must belong to a protected group, (2) one was subject to
unwelcome sexual harassment, (3) the harassment was based on sex, (4) the harassment
affected a term, condition or privilege of employment, and (5) the employer knew or
should have known of the harassment and failed to take proper remedial action (Lee,
1995).
According to the Equal Employment Opportunity Commission’s (EEOC) proposed 1993
guidelines there are two types of hostile environment harassing behavior. The first
refers to “epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts”.
The second type of behavior consists of “written or graphic material that denigrates or
shows hostility or aversion toward an individual or group... and that is placed on walls, bulletin
boards, or elsewhere on the employer’s premises or circulated in the workplace.” Instances
include posters showing people explicitly engaged in sexual acts, E-mail messages of a
sexual nature broadcast to employees, and employee clothing, such as tee shirts, with
sexual drawings or slogans (Lee, 1995).
9. page 7
As can be seen here, there is much congruency of what hostile sexual harassment
consists of but there are also some non-congruencies. Such as the render of the act
being only a supervisor or both a supervisor and coworker. Also, what restaurant does
some of this not happen in? The only saving grace may be the EEOC’s use of the
‘reasonable person’ standard.
This standard refers to what is regarded as socially acceptable behavior (Lee, 1995). The
obvious problem in applying such a standard is that behavior considered acceptable in
some work places might well be considered unreasonable in others. The restaurant
industry and construction industry come to mind. Again, a complex issue which must
be understood to proactively guard against.
THIRD-PARTY SEXUAL HARASSMENT
Third-party sexual harassment is a potentially huge financial and management problem
for every employer. As Title VII states, employers are liable for any unwelcome conduct of a
sexual nature that occurs within the work environment. This means no matter where your
employees are, they must not be subjected to crude comments, suggestions or
implications of a sexual nature, nor may they be touched inappropriately, forced into
committing sexual acts or be subjected to viewing sexually explicit objects, posters,
photos or material. If this happens, and one or more of your employees finds it
offensive and complains, you are responsible (Laabs, 1995).
The difficulty of these situations lies within the employer to customer relationship.
Although difficult, the employer still has the same legal obligations to remedy the
situation. In fact, there is already legal precedence for a server of a restaurant to sue
and win under sexual harassment laws because of a repeatedly sexually abusive
customer not being handled properly by supervisors (Laabs, 1995).
10. page 8
SEXUAL FAVORITISM
The EEOC Guidelines: “Where employment opportunities or benefits are granted because of
an individual’s submission to the employer’s sexual advances or requests for sexual favors, the
employer may be held liable for unlawful sex discrimination against other persons who were
qualified for but denied that employment opportunity or benefit.” (Burns, 1995)
In other words, consensual sexual favoritism is not sexual discrimination and therefore
not sexual harassment. In addition, the explicit language of Tile VII of the Civil Rights
Act of 1964 states that ‘it shall be an unlawful employment practice for an employer to
discriminate against any individual . . . because of such individual’s . . . sex . . .”. (Burns,
1995). This section of the law requires that the plaintiff show that it was his or her own
sex, not someone else’s gender, that motivated the discrimination.
To reiterate, consensual sexual favoritism is not sex discrimination which means there
are no rights for a ‘passed over’ employee to sue under sexual harassment laws.
However, if the sexual favoritism was non consensual, then all aggrieved parties have
potential support for sexual discrimination and therefore a sexual harassment case.
Sexual favoritism, like nepotism and other examples of the adage that “it’s not what you
know but who you know”, may be unfair but is almost never illegal.
NEW AGE SEXUAL HARASSMENT
This type of sexual harassment is a slant on the ‘traditional’ type of sexual harassment.
As shown in the Michael Douglas/Demi Moore motion picture named Disclosure,
sexual harassment is not just a male on female injustice. In fact, the increase in the
number of sexual harassment cases in which men are the victims and women are the
11. page 9
harassers has business scrambling to make sure that its managers and supervisors
understand that regardless of who the victim -- or the harasser -- may be, sexual
harassment is sexual harassment (Verespej, 1995). This is also true for homosexual
harassment/same-gender harassment. In fact, a proactive stance on homosexual rights
and homosexual discrimination would make corporate policies a step ahead of the laws
as well as showing a corporate understanding toward homosexuality and its apparent
prominence in the restaurant industry.
WOMEN HARASSING MEN
According to the EEOC, the overwhelming majority of the ‘new age’ complaints, which
represents 10% of all cases, are harassment of men by female supervisors. Mr. Stephen
Cooper, a St. Paul Lawyer, says “We forget that more than half the time there is no romantic
component to sexual harassment; that it is mostly an intentional power play by a man or woman
trying to assert authority, and now more women are in decision-making positions.” In
addition, he says, society is “starting to admit that women have sexual interests and urges
that we have always said men only have.” Therefore, rather than being the exception,
expect such cases to increase as women, who now hold 15% of managerial and
supervisory positions, obtain more positions of power. (Verespej, 1995)
SAME GENDER HARASSMENT
Homosexual discrimination exists in many forms. As in every sexual harassment and
sexual discrimination definition and/or example, the same should be considered for
homosexuals. In truth, as the courts begin to consider homosexuals as a protected
group, as they no doubt will, the employer will face the same issues of discrimination
and harassment for homosexuals.
12. page 10
In a recent addition to California employment law, the First Appellate District Court
held that an employee may bring a common law cause of action for wrongful
termination for violation of public policy which prohibits discrimination on the basis of
sexual orientation (Brobeck et. al., 1995). Homosexuals are one step closer to being a
protected group for legal recognition. Sooner than later, all types of discrimination and
harassment will apply to homosexuals, which means the employer should proactively
institute homosexuals into their policies.
With the basis of sex discrimination and the interpretation of Title VII of the Civil Rights
Act of 1964 combined with the Civil Rights Act of 1991, quid pro quo and hostile
environment sexual harassment are extremely important aspects of every employer’s life.
And although the typical man boss to woman employee sexual harassment situation is the
most common type of sexual harassment case, there are many other complex issues to
be considered. Such as third party sexual harassment, sexual favoritism and new age sexual
harassment where women harass men and those of the same gender harass each other. It is
these involved issues that must be considered when applying them to a proactive
policy -- the balance of ignorance and zero tolerance being the goal.
13. page 11
THE BALANCE
The Incentive to Create a Proactive Policy that is Enforced
Never has the awareness in the workplace been higher. Yet the lawsuits continue to
proliferate with no end in sight. This is because the employers are not the only ones
with a heightened awareness. Employees are more aware than ever of their rights, how
to pursue them, and most importantly, what a successful court resolution will yield.
And there are a lot more employees than employers
With wide exposure of lucrative rewards to litigants, plaintiff and defense attorneys
must be adept at weeding out the bona fide claims from the unmeritous -- those
brought with an eye toward the well publicized pot of gold and little or nothing more.
Make no mistake, this is complicated litigation, fraught with issues requiring subjective
interpretation and argument throughout, and fact sensitive not only as to the alleged
act(s), but likewise to the history of the litigants as well. (Comp-pro Seminars, 1995)
This means the litigation for the employer is not cheap!
The incentive of all incentives - money, money, and money (it also happens to be the
right thing to do).
Guidelines to a Proactive Policy
Such things as mandatory arbitration and mandatory mediation are ways to help
prevent litigation. However, the main goal is to prevent sexual harassment all together.
And to do this, employers must not only have a procedure by which employees can
complain of harassment but that procedure must lead to corrective action.
14. page 12
Preventing sexual harassment is obviously preferable to taking remedial action once
harassment has occurred. However, when remedial action is required, the 1980 EEOC
guidelines call for “affirmatively raising the subject, expressing strong disapproval, developing
appropriate sanctions, informing employees of their rights to raise and how to raise the issue of
harassment under Title VII, and developing methods to sensitize all concerned.” The 1993
EEOC guidelines recommend “an explicit policy against harassment that is clearly and
regularly communicated to employees, explaining sanctions for harassment, developing methods
to sensitize all supervisory and non-supervisory employees on issues of harassment, and
informing employees of their right to raise, and the procedures for raising, the issue of
harassment under Title VII.” (Lee, 1995)
A PROACTIVE POLICY OUTLINE
• Adopt and publicize a policy that takes an unwavering stand against sexual
harassment while stating the illegality of sexual harassment (the law requires you to
have such a policy or address sexual harassment in some way).
• State the definition of sexual harassment under applicable state and federal law
while describing sexual harassment utilizing examples.
• State in your policy that you will not tolerate sexual harassment by insiders or
outsiders:
For example, “Sexual harassment of any Fog City Diner staff member by a coworker,
customer, manager, owner, or other non-Fog City Diner employee will not be tolerated. This
policy applies to conduct in the workplace, at company functions, and in all employment
relations, and protects employees at all levels and positions within the company regardless of
15. page 13
gender or sexual orientation. Any individual found violating this policy can be subject to
disciplinary action up to and including termination, and possibly prosecution by the victim. We
also point out that in terms of sexual harassment, it does not mean it happens on the premises.
If a Fog City Diner employee or associate is traveling on business either in the United States or
abroad, the same policy applies.”
*Include all such information in the employee handbook in addition to employee
publications and educational seminars.
• Demonstrate that top management is committed to the policy. Have senior
managers attend sensitivity-training sessions and reiterate the company’s policies at
their staff meetings.
• Educate managers in the subtleties of the law so they can become the first line of
defense.
• Establish clear procedures and have an internal complaint process, such as an
anonymous hot line, available to the employees. Also state the legal remedies and
complaint process available to them under the EEOC and federal and state laws while
giving directions on how to contact the EEOC.
• Train the person(s) who will look into complaints to do a careful investigation and
conduct thorough but confidential interviews.
• Promptly investigate all claims and demonstrate that complaints will be examined
fairly and objectively (don’t blame the victim).
16. page 14
• Establish a paper trail. Even if the allegations are not proven, keep a written report
of the investigation in a single secure location. A memo should explain why no formal
action was taken.
• Always take some corrective action to show that the complaint has been taken
seriously.
• Make sure the discipline is appropriate to the offense. Fire an employee only if the
allegations are serious and have been proven.
• Give the employees assurance that a complaint of sexual harassment will not be
subjected to retaliation.
• Finally, don’t let any worker get too much further than the front door before
handing them a copy of your policy and going over it (that goes for new employees,
contingent workers, temporary employees, and independent contractors).
* Employers should republish their sexual harassment policy and procedures from time to time
and save the documentation to prove that the policy was republished to its employees.
17. page 15
CONCLUSION
The overriding lesson from sexual discrimination, and therefore sexual harassment
cases, is that having a policy against sexual harassment is of little benefit to an employer
unless the employer truly enforces the policy. The consequences of not having a policy
and enforcing it are dire under the Civil Rights Acts of 1964 and 1991. Those Acts make
sexual discrimination a federal offense while also making you liable for millions of
dollars in punitive and compensatory damages. This means that a company has to be
willing to take serious action up to and including termination of the harasser in an
appropriate case, even if the harasser is a VIP in the company. (Betts, 1995)
Do not forget that there are many types of sexual harassment. Such as third party sexual
harassment, sexual favoritism and new age sexual harassment where women harass men and
those of the same gender harass each other. This means the typical man boss to woman
employee sexual harassment situation is not the only type of sexual harassment dispute
covered by quid pro quo and hostile environment sexual harassment law.
While some Fortune 500 firms have well-trained personnel experienced in investigating
harassment complaints, other employers become unnerved and overreact when an
allegation, or slightest whiff of one, surfaces. The accused is forced out on the basis of
little, if any, evidence. Again, the balance of ignorance and zero tolerance is the goal.
(Kruger, 1995)
In an attempt to prevent harassment and protect themselves, some employers are
creating paranoia. By issuing extreme warnings and policies, companies generate a
climate of fear and distrust that undermines productivity, team-work and the
hospitality vibe the restaurant industry has tried so hard to create. And because
18. page 16
handling a complaint is so tricky and potentially costly, employers have to be smart,
sensitive and swift in their response to protect themselves and their employees. One
last thought; remember to balance those hard policy and procedure materials with a serious and
loving value statement that underlies all your company stands for.
19. page A
REFERENCES
Betts, Rod. Prevention of Sexual Harassment Lawsuits: Don’t Look the Other Way
from the World Wide Web, November, 1995.
Brobeck, Phleger & Harrison. Labor and Internal Law Update from World Wide Web.
June, 1995 pages (5).
Burns, James A. Is Sexual Favoritism Sex Discrimination? from Employee Relations Law
Journal Volume 21 issue 1 Summer 1995 page 163 (5).
Comp-Pro Seminars, Inc. Litigating the Sexual Harassment Lawsuit, from Primenet on
the World Wide Web. November, 1995, page (4).
Godsey, Kristin Dunlap. Battle of the Sexes from Restaurant and Institutions. Volume
105 issue 6. March 1, 1995 page 134 (3).
Goll, G. E. Managing People in the Hospitality Industry. 1994
Goll, Gerald E. Class Notes from Managing People. Fall, 1995.
Kapner, Suzanne. Stance with a Focus on Bottom Line, from Nation’s Restaurant News.
May 8, 1995, page 1(2).
Kruger, Pamela. See No Evil from Working Woman. Volume 20 issue 6. June, 1995 page
32 (7).
Laabs, Jennifer J. What to do When Sexual Harassment Comes Calling from Personnel
Journal Volume 74 issue 7. July, 1995 page 42 (10).
Lee, Robert D. The Legal Evolution of Sexual Harassment from Public Administration
Review. July/August 1995 page 357 (8).
Rizzotti, Anthony D. The Law of Sexual Harassment from Prospects on World Wide Web.
May 15, 1995 pages (3).
Sherry, John E. H. Employer’s Liability for GMs’ Sexual Harassment from The Cornell
Hotel and Restaurant Administration Quarterly. August, 1995 page 16 (2).
Verespej, Michael A. New Age Sexual Harassment from Industry Weekly Volume 244
issue 10. May 15, 1995 page 64 (2).