Legal Rights and Responsibilities
Report
Case Study 1
Summary
Roger is a Customer Service Assistant at Wagner’s a department store in Birmingham. Because of his sexual orientation as a homosexual, he was constantly taunted by his colleagues. Roger presented the situation to his manager, but he saw no changes made in this direction. Eventually Roger was dismissed because he became depressed and unable to work.
Specific Legislation
Sexual Orientation Discrimination
It is against the law for the employer to discriminate against, victimise or harass the employee because of his or her sexual orientation, or his or her perceived sexual orientation.
The employee is protected against sexual orientation discrimination if:
* he/she is lesbian, gay, bisexual or heterosexual
* people think the individual is gay, lesbian or heterosexual when you are not
* he/she have gay friends or visit gay clubs
Protection against discrimination starts when the individual applies for a job and continues through his/her employment. Discrimination protection covers:
* recruitment
* terms and conditions of employment (including benefits such as pensions)
* pay
* employment status (eg if the individual is a worker or an employee)
The Essay on Sexual Discrimination Human Rights
Sexual Discrimination in the Workplace Canada is composed of people from all walks of life and from every race, color, creed and ethnic background imaginable. Despite our varied lifestyles and beliefs, we a reall equal and are entitled to the same treatment before the law and in the workplace. Although we have this diversity, discrimination is something that unfortunately, most people have to deal ...
* training
* promotion and transfer opportunities
* redundancy
* dismissal
Advice for Roger
Roger could make an application to an employment tribunal for sexual orientation discrimination because he is unhappy with the way his employer dealt with his discrimination complaint. Roger can also ask for assistance at ACAS (Advisory, Conciliation and Arbitration Service) in finding a solution that is acceptable for both parties.
The legal issues affecting Roger’s rights and Wegner’s responsabilities
Light-hearted conversations and “banter” between colleagues may not amount to discrimination where an employee similarly participates in these discussions, but these conversations can reach a “tipping point” where certain comments or actions can constitute harassment. Employers should avoid the possibility of an atmosphere in the workplace being created where offensive comments can frequently be made, exposing the employer to the risk that someone will “overstep the mark”. Accordingly, a general culture of respect and tolerance should be promoted throughout the workplace. Staff should understand that harassment means any unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended, which includes teasing, name calling, mimicking, gossip and “banter”.
Employers should ensure that their dignity at work and harassment policies are up to date and cover discrimination on grounds of sexual orientation. When complaints are made, they should be handled sensitively, in good time, and in accordance with the employer’s policy and the ACAS code of practice on disciplinary and grievance procedures.
Final outcome in case of Trial
In case of a trial between the two parties, Roger should have a record of when he made his complaint to his manager due to his colleagues bantering related to his sexual orientation. Also, Roger should not be involved in any of their discussions (by responding in the same manner).
If Roger has the records and he was not participating to those discussions he can definitely win the trial. The case could be settled by Roger receiving a substantial sum or by Roger receiving his old job back.
The Term Paper on Does The Military Continue To Have Sexual Harassment And Discrimination
“Does the Military Continue to Have Sexual Harassment and Discrimination Against Women in the 90’s?” Yes, the military does have sexual harassment and discrimination against women in the nineties. “Firestone and co-researcher Richard J. Hurns analyzed a 1988 DOD Survey of men and women in the military and found that 51.8 % of men and 74.6% of women reported either ...
If Roger doesn’t have the proof of his complaint or he participated to those discussions, the case could be lost. Also, giving the fact that there is only Roger’s statement that the manager made no actions following his complaint, Wegner’s can prove the opposite by bringing specific records of actions that have been made.
Word Count: 650
4 Pages + References
References
1. Personnel Today (2011) Legal opinion: Sexual orientation harassment in the workplace – 2011 http://www.personneltoday.com/articles/2011/09/02/57911/legal-opinion-sexual-orientation-harassment-in-the.html – accessed 05/05/2012
2. Direct.gov.uk (2011) Sexual Orientation Discrimination – 2011 http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/DG_10026540 – accessed 05/05/2012