Write a 4–5-paragraph script for an oral argument in defense of the organization

Question

Write a 4–5-paragraph script for an oral argument in defense of the organization.

Identify related laws or legislation that supports perspectives of HR leadership and an attorney for the organization?

Summarize a logical case outcome and the relief requested from the court?

Describe the potential impact of a workplace discrimination charge levied against an organization?

Explain possible defense arguments for a corporation responding to charges of discrimination?

Read the following case:

Joanna Capella came to work for Educational Books (a small academic publishing house) in 2010 as an assistant to Arthur Moore, CEO. In 2012, Moore, her mentor, promoted her to vice president in charge of author relations. Her responsibilities included putting scholars under contract to write academic works. From 2012–2014 she failed to sign anyone upper management considered significant. In late 2014 she was reassigned to a position as vice president in charge of marketing, where her primary duty was to promote the company at book conventions. Upon reassignment, she promptly resigned from the company and brought suit for sexual harassment/constructive discharge.

It is undisputed by either side that Moore and Capella had a consensual sexual relationship, which ended in late 2011. It is also undisputed that Mr. Moore stated on two occasions to other executives that Ms. Capella "was a good lay." Ms. Capella was not present for these statements. It is also undisputed that Mr. Jeffrey Marx, also a vice president, stated in 2013 that she "only had her job because of her personal relationship with the boss." Sandy Alder, also a vice president is quoted as saying in front of three subordinates with Ms. Capella present that Capella "slept her way to the middle." Lastly, one of these three subordinates, Victor Johnson, asked her on an occasion in early 2014, "Could I sleep with you to get a promotion?" He later apologized and said he was joking.

Educational Books' executive handbook has a strong anti-harassment policy. The handbook also provides for a complaint procedure by filing an official complaint which, at the executive level, is sent to Mr. Moore for investigation and action. Ms. Capella did not ever file such a form.

Explanation / Answer

Write a 4–5-paragraph script for an oral argument in defense of the organization.

It may be blamed on Ms. Capella as her behavior towards colleagues of the opposite sex in the workplace may be questioned. The repercussions of reporting can be devastating. The organization does not hold victims responsible for such cases and it does not have a detrimental impact on the future of the personnel in the organization or the institution. Victims are never obligated to let go of anything that has a negative impact on their organization. The case could in case of an organization smack of complicity and criminal conspiracy. The organization takes a zero-tolerance stance towards sexual harassment.

The victims are encouraged to speak rather than seeing it as a blot on their resume that may make them unhirable. The circumstances of the harassment can be described as her relationship with Mr. Moore having made employees pass crude remarks. If this holds true, the organization will take action against those men and women. An inquiry into the case will reveal whether she was sexually harassed.

The organization ensures that this does not cause psychological trauma to the victim. The emotional dilemma is dealt with by the organization. This ensures that they are not at the receiving end of wanton acts of sexual harassment. Employees know about the organization's sexual harassment policies. This, even if it takes place in a non-violent subtle manner. The complaints are not branded frivolous or false. Genuine victims can come forward in case the complaints are not false and frivolous as per penal provisions.

Identify related laws or legislation

Federal Laws enforced by EEOC prohibits discrimination. The above case can be reported under the Equality act of 2010, Title VII of the Civil Rights Act, 1964. The organization cannot hire or dismiss an individual using race, religion, sex with respect to privileges, terms, compensaation for employment. Civil Rights Act of 1991 and EEO Law can also be used to sue the organization.

Disparate treatment as a result of prejudice or bias is termed as discrimination. Aribitrary selection practice discriminates against persons on the basis of a factor. These disproportionate outcomes are termed unlawful.

potential impact of a workplace discrimination charge levied against an organization

It costs an organization litigation costs, fines, and, an organization's reputation.. A charge of discrimination is filed before a job discrimination lawsuit. It costs businesses $64 billion per year.

Hidden cost of discrimination

Logical case outcome and relief expected from the court

EEOC determines the merits of the charge

Related Questions

Navigate

• Browse (All)
• Browse W
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.