Thursday, February 20, 2020
Employment Law Essay Example | Topics and Well Written Essays - 750 words - 1
Employment Law - Essay Example ee is used to make employment decisions that affects that particular individual; or, submission to sexual nature conduct is made implicitly or explicitly a condition or a term of employment of an individual (U.S. Equal Employment Opportunity Commission). From the facts of the case, it is evidently clear that the conduct of Mr. Clark, the V.P towards Ms. Jensen amounts to sexual harassment. He requests her to spend a weekend at his cabin in Yosemite so as to discuss the details of him offering her a V.P position. While there, he tells her how lovely she is and that he had his eye on her from the first interview. He goes ahead and leans over to take a kiss, but she moves away. It is at that point that point that Mr. Clarke reacts and then relates: ââ¬Å"why did you think I would offer you such position at your ageâ⬠? Donââ¬â¢t you realize that unless you are my girl, you will never amount to anything in this company?â⬠Ms. Jensen agrees at that point but realizes the next day that it was a mistake, and tells him she does not want the position with his condition. This scenario clearly amounts to sexual harassment, and as such, sexual harassment law should be applied. Majorly, there are two areas of sexual harassment, namely: Quid Pro Quo and Hostile Environment. Quid Pro Quo harassment is that which employment decisions for a particular employee are based on rejection of or submission to unwelcome sexual behavior. A good example for this type of harassment is when a supervisor fires an employee because of rejecting his sexual advances. On the other hand, Hostile Work Environment harassment happens when working environment creates unwelcome sexual behavior directed at an employee because of his or her sex that is intimidating, hostile, and/or offensive and therefore adversely affects performance of an employee (U.S. Equal Employment Opportunity Commission). Ms. Jensenââ¬â¢s case falls under Quid Pro Quo harassment because it comes from her supervisor. As such, the company
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