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Employment Discrimination II Harassment and Employee Expression Issues

Employment Discrimination II Harassment and Employee Expression Issues. Lecture 06.0 Summer 2008 SLS 4205 Dr. Richard M. Southall. Management Contexts, Relevant Laws, and Cases. Harassment. Sexual harassment: Quid pro quo harassment Hostile environment harassment Racial harassment

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Employment Discrimination II Harassment and Employee Expression Issues

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  1. Employment Discrimination II Harassment and Employee Expression Issues Lecture 06.0 Summer 2008 SLS 4205 Dr. Richard M. Southall

  2. Management Contexts, Relevant Laws, and Cases

  3. Harassment • Sexual harassment: • Quid pro quo harassment • Hostile environment harassment • Racial harassment • Same-sex/same-race harassment • Employer liability: • One possible defense: Affirmative defense

  4. Conduct That May Contribute to a Sexually Hostile Work Environment • Unwelcome sexual touching, pinching, patting, or hugging • Whistling or cat-calling • Sexually suggestive or obscene notes, letters, or email • Leering or sexually oriented gestures • Obscene jokes or vulgar language • Display of sexually suggestive materials (e.g., posters, calendars, or cartoons)

  5. In Your Role as Manager Sexual and Racial Harassment • Adopt a harassment policy that is separate from a general antidiscrimination policy • Make sure it covers racial and religious harassment in addition to sexual harassment • When creating policies that include definitions of prohibited behaviors, make the definitions very broad • Do not assume that everyone understands what sexual harassment is; conduct workshops

  6. Essential Elements of a Sexual Harassment Policy

  7. Employee Expressions Resulting in AdverseEmployment Actions • Retaliation for seeking justice or for whistleblowing • Dress/grooming codes • Injudicious speech • Religious speech • Pickering balancing test • Religious practices • Unionizing activity/speech Public concern Service Efficiency

  8. Your Viewpoint • The federal courts are split on the issue of whether dress and grooming codes imposed by government (state) actors violate the First Amendment right to freedom of expression. • What is your opinion regarding this issue?

  9. When Determining Reasonableness of Religious Accommodations Factors to consider: • Size of staff • Type of job that employee does • Whether other employees were asked for assistance in making the accommodation • Cost • Administration burdens • What has been done by similarly situated employees

  10. In Your Role as Manager Employee Expression • Be sensitive to cultural differences that may affect the work environment

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