For years, many employers have periodically trained their employees on how to prevent sexual harassment and other forms of workplace discrimination. Employers viewed the training as beneficial to promote a positive workplace, but did not necessarily view the training as an absolute requirement. However, since the US Supreme Court issued three landmark rulings in 1998 and 1999, harassment and discrimination prevention training is no longer a luxury. This article examines how employers who fail to provide harassment and discrimination prevention training may: 1. expose themselves to punitive damages, 2. lose their ability to raise a defense to harassment lawsuits, 3. contradict federal guidelines established by the EEOC, and 4. contradict state laws and guidelines. The return on investmen...
This article introduces the major provisions of one signed and two proposed employment and labor legislation statutes (the Employment Nondiscrimination Act, the Employee Free Choice Act, and the Lilly Ledbetter Fair Pay Act) which are being openly discussed for possible enactment in the near future under the Obama administration. As this legislation is likely to result in increased administrative costs, compliance costs, and litigation costs for small business owners, each statute is examined in terms of its potential impact on small businesses' current employment policies and practices. We conclude by offering possible options for the small business community in dealing with the complexity of these issues.
... MUST BE CONCERNED ABOUT EMPLOYMENT LAWS. The first question that arises is: Why must small... numbers, to be exempted from most federal employment legislation? The answer to this questio...* Sexual harassment (Robinson, Jackson, Franklin, & Hensley...
Discrimination against transgender individuals in housing is pervasive. Nonetheless, American jurisprudence has not explicitly addressed whether there are legal protections available to transgender individuals who are the targets of housing discrimination. This Note argues that courts should utilize a broad and literal understanding of the Fair Housing Act's prohibition against discrimination on the basis of "sex," thereby recognizing that animus towards an individual's sex and his or her expression thereof, is, by its very terms, discrimination on account of "sex." In so doing, courts will find that transgender housing discrimination constitutes actionable "sex" discrimination within the meaning of the Fair Housing Act.
... men and women will continue to face harassment and discrimination that prevents them from feeling... as 'the desire to change one's anatomic sexual characteristics to conform physically with one's p.... . [and] Paula Jones's lawsuit against President Bill Clinton" called attention t... under Title VII uniformly held that federal law offered no such protection."101 In 1977, the N...
... constructively discharged as a result of sexual harassment by her immediate supervisor, a female, ... are not the focus of the discrimination laws. The district court correctly concluded on this ev...
In the age of high powered lawsuits and the largest bankruptcy in US history, companies cannot afford a misstep. Some of the larger settlements and newsworthy events continue to involve cases of romance and sexual harassment. It is imperative to have some form of policy in place to deal with both romance and sexual harassment in the workplace. This article analyzes the issues of romance and sexual harassment policies in the workplace and why such plans are important today. It also relays the results of a survey of smaller business and their usage and adoption of such policies. It was found that few firms had any form of romance policy. Further, many recognize quid pro quo harassment, but are not as sure of what describes hostile environment harassment. One simple answer to the romance i...
... reported 42 percent of the women in the federal workforce and 66 percent of the women in the milit...
... most rapists are primarily motivated by sexual desire or by ulterior aims such as subjugation of ... forms of aggression such as street harassment. It is plausible to suppose that when a society to... and child-molestation cases tried in federal courts; in 1995, these became the only federal cri.... Under "hate crime" laws, a criminal's sentence must or can be increased if...
... for expanding the scope of child pornography laws and increasing the length of prison sentences for ..., despite other officials involved in federal sentencing questioning the necessity and proportio... the result of a moral panic about the sexual exploitation of children. (12) The moral panic der... rape, attempted rape, and sexual harassment). For a detailed critique of the first two studies...
... find lasting solutions for the problems of sexual violence we must first look inward. Reflection, le... a situationist approach to revisit the laws of rape and sexual assault. . Specifically, I argu... policy problem, despite a series of federal, state, and local reforms. Over the course of the ... daughter's life, to be outraged by the harassment and violence that touches her in some way every da...
... because she had been subjected to constant sexual harassment by one of her supervisors, Ted Slowik. ...In filing this lawsuit, Ellerth alleged Burlington engaged in sexual hara... must be established as a matter of federal law. The Court relies on the general common law of...
... in the overturning of racial segregation laws, and establishing affirmative public policies and ... reform" and personal accounts of "harassment, brutality, and .. indignities" suffered by black ... news of a possible appeal, she was sexually assaulted by the white jailer on duty, Clarence Al..., and sentenced to years in state and federal prisons. Consider these statistics: The number of ...
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