1. The Legal Issue Describe an issue relevant to business today that has led to

Question

1. The Legal Issue Describe an issue relevant to business today that has led to judicial, legislative, or executive (regulatory) action in this case discrimination.

2. The Legal Action    Identify and describe the principle case law, legislation, executive orders, and regulations governing the issue

3. The Public Policies   Analyze underlying policies, values, and ethical considerations driving the activity.

5. The Future   Predict the outcome of the issue by describing the legal forces that can change the direction of the law (new legislation, court decision, political pressures)  

Explanation / Answer

1. The issue is Sexual Harassment at workplace

2. The principle case law is Civil Rights Act. The Civil Rights Act of 1991 added provisions that included expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment, and in 1998, increased the limits on the "discovery" process in sexual harassment cases, that then allowed psychological injuries from the litigation process to be included in assessing damages awards and also included provisions for same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long as it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.

Regulation :

It is unlawful to harass a person because of that person’s gender. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s gender. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be of the same gender. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as the victim being fired from work or demoted.

3. The US department of State has the following laid down policy on Sexual Harassment : The Department is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is against the law and will not be tolerated. When the Department determines that an allegation of sexual harassment is credible, it will take prompt and appropriate corrective action.

4. Ethical considerations : a. Training on workplace ethics guidelines can clear up the gray areas regarding harassment and how to handle the situation b. If the workplace doesn't make clear that sexual harassment will not be tolerated, people may wonder whether standing up for another person works in their favor c.Make the decision quantitative so that it will be more wieghted d. A workplace that recognizes the negative effects of harassment should provide ethical guidance on harassment and open discussions and create a healthy work environment that you look forward to going to every day.

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