EMPLOYMENT LAW Case Study Example | Topics and Well Written Essays - 1500 words

EMPLOYMENT LAW - Case Study Example Equal treatment in school and in the workplace is a civil right under federal and state laws†. In this given problem, the sexual advances made by Jami’s boss constitute sexual conduct in the work environment. The traumatic ordeal she had to go through forced her to seek medical and psychiatric treatment to overcome the sexual abuses she had experienced in the hands of her employer. In the case of Smith V. First Union National Bank (202, F. 3d 234,242, 4th Cir. 2000), sexual harassment was defined as a situation when â€Å"a work environment consumed by remarks that intimidate, ridicule, and maliciously demean the status of women can create an environment that contains unwanted sexual advances.† Jami, who is a victim of sexual harassment should file a complaint against Mr. Clark, her boss before the U.S. Employment Opportunity Commission (EEOC) or file the case before the federal or state court. During the hallway review, Mr. Hallway even insisted that she can go b ack to her work only if she dropped the charges against him. Clearly, this harassment by the boss continued to persist because he knows that Jami is in dire financial distress because she was supporting her ailing mother. The former boss still places her in a hostile situation even if they no longer had a working relationship. The acts committed against Jami undoubtedly falls within the context of Title VII of the Civil Rights Act (Title VII of The Civil Rights Act of 1964, as amended in 1991), which â€Å"prohibits employment discrimination based on race, color, religion, sex and national origin with respect to compensation, terms, conditions and privileges of employment†. In a number of occasions in the work place of Jami manifested that sexual harassment was present. First, the colleagues who commented on her physical attributes, like her body; and Second, the offensive gesticulation of Mr. Clark, the Vice-President of the company who stared at her body parts in a provocat ive manner, are indicative signs of sexual harassment. It is evident that a sexually hostile atmosphere was present in the work place. The illicit invitations made by Mr. Clark on Jami for lunch and out-of-town getaways on one weekend at his cabin, constitute sexually obnoxious behavior. These instances are severe enough to form the basis for a legal claim of sexual harassment. Although Jami accepted the invitations made by her boss on two occasions, her refusal to give in to his sexual demands such as kissing to maintain her present position in the company is an indication that she does not consent to the immoral acts. The case of Smith V. First Union National Bank (202, F. 3d 234,242, 4th Cir. 2000) stated that: â€Å"It was sexual harassment for a male supervisor to tell a female employee that women are too emotional to be in the workplace, that they need sex in order to perform well, and that violence may be the only way to keep a woman in line†. In the similar case of Sc hmidt V. Smith (684 A.2d 66, 1996), the Supreme Court ruled that: â€Å"This falls within the purview of sexual harassment when a young New Jersey woman left her job after six weeks, because the President of her company, among other things, constantly asked her to have sex with him, and on several occasions, grabbed her and tried to kiss her.† The situation of Jami is undoubtedly indicative of a sexually aggressive and antagonistic work atmosphere. However, due her current financial situation, she was forced her to reconsider giving in to the sexual favors of her boss in to retain her job. However, in the end, she refused to give in to the sexual innuendos of the boss in exchange for her position in the company. Thus, her rejection resulted to her demotion and reduction of her pay per year, and earned her a poor evaluation