Jack Carter’s claim of him not being able to be accused of being discriminatory because they hire mostly women and minorities is simply not true. Jack can and will be liable for any unjust actions he has said or done to anyone within his company unless it is a bona fide occupational qualification for the job. Everything you say or do must be equal to all employees and new hires. Jack made several mistakes when not teaching his managers about Equal Employment Opportunity and about what they can say and cannot say or do to their potential hires and employees. Also, sexual advances towards two women had been discovered within the cleaning company and threats had been made to fire her unless she socialized with him. Carter Cleaning Company can therefore be sued for sexual harassment under the Federal Violence against Women Act of 1994. “It provides that a person who commits a crime of violence motivated by gender and thus deprives another of her right shall be liable to the party injured” (Dessler, 2013, p.40).
It was also evident that they had discriminated against a 73 year old employee that had been with the company for over 50 years and had employees half of his age doing the same job making more money than he was. Under the Equal Pay Act of 1963, “it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions” ( Dessler, 2013, p.33) Q2. Jennifer should address the sexual harassment problems by taking steps to show that they took reasonable care of the situation.
The Essay on Employee Assistance Programs Eap Employees Company
Employee Assistance Programs This being the day of the great downsize many managers are hurrying to make the cut's and in doing so closely examining their Employee-Assistance Programs for effectiveness. What are they? How do they help? How do they work? Are they worth the hassle? What are they? By definition employee-assistance programs (EAP's) give a business the means for identifying employees ...
To conduct the situation professionally, Jennifer should take all complaints seriously and make sure everything is in written order. She should then, “Issue a strong policy statement condemning such behavior. It should describe the prohibited conduct, assure protection against retaliation, describe a confidential complaint process, and provide impartial investigation and corrective action” (Dressler, 2013, p. 42).
Jennifer will then need to talk to other employees about the sexual harassment policy and explain that it will not be tolerated. Following these steps, Jennifer will then need to, “Establish a management response system that includes an immediate reaction and investigation” (Dressler, 2013, p. 42).
She will then need to make sure that she trains supervisors and managers about awareness of these issues and that immediate action is taken towards anyone involved in a sexual harassment issue. After reasonable care by Jennifer is established, she will then need to file a charge with the EEOC.
Although the store only has a handful of employees, this does not disbar them from being protected under any discrimination related issues. The Carter Cleaning Company will be covered under the EEO of 1964-1991. The Carter Cleaning Company is also entitled and will be covered under the Equal Rights Legislation. However, they will not be covered under the 1964 Civil Rights Act which excludes employers with less than 15 employees to be covered. However, with The Carter Cleaning Company having less than 15 employees it will be covered by the State and Local Equal Employment Opportunity Laws. “The effect of the state or local laws is usually to cover employers who federal laws might otherwise miss. Many cover employers (like those with less than 15 employees) not covered by federal legislation” (Dressler, 2013, p. 39).
