dis law week3

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1. Civil rights law provides for employee protections against discrimination in many situations. The legal criteria must be strictly adhered to in order to qualify for the protections afforded under the law. What happens to civil rights enforcement if a part of the workforce is unprotected by civil rights laws? Will the public policy exception to the employment-at-will doctrine expand to fill gaps in public policy to the point where exclusions will be rendered meaningless?

2. What have sexual harassment laws accomplished in the workplace? Have the advances in sexual harassment law resulted in women being denied meaningful access to senior management mentors, who are most often male? Does every civil rights gain in the workplace also carry with it an unintended cost?

 

respond my friend

1.

Despite all the advancements in the civil rights acts including reinforcement, there still remains a gap in it - affinity orientation discrimination which is discrimination based on whom one is attracted to for personal and intimate relationships (Bennett-Alexander & Hartman, 2012). Protections for sexual orientation and gender identity are missing in federal legislation and in much of state law. The workforce that has workers from the Lesbian, Gays, Transgender, and Bisexual (LGBT) that are unprotected and therefore proportionately discriminated upon. In the past there was no consequent as a result of discrimination due to a high level of homophobia. The absence of civil right enforcement in this area has left the community vulnerable or better, exposed to all forms of discrimination from their colleagues in particular and the overall population in general. However nothing can happen to civil rights enforcement because this type of discrimination is not yet under protection. It is therefore the will of the employer to take disciplinary action on the employee committing the act. This response also depends on how the employer views LGBT.

I don't think that exclusions will be rendered meaningless regardless of whether public policy exception to the employment-at-will doctrine expand to fill gaps in public policy. There are several Federal acts that still limit the employer ability to discharge an employee and these are not only limited to the civil rights acts. However there are no protections yet for employees from the LGBT community thereby giving employers the freedom to discharge employees with a leaning toward this community. Nonetheless, the work place is gradually evolving to a point where the exclusions are not needed in some urban area, particularly where there is a lot of diversity; but then, it is importance that the acts be extended to protect all regardless of whether States or employers write out policies that provide some safety and guarantees to those in the unprotected class.

Reference:

Bennett-Alexander, D., & Hartman, L. P. (2012). Employment law for business (7th E.d.). New York: McGraw-Hill.

2. I believe that sexual harassment laws accomplished a lot in the workplace, where as  many men/women are now afraid of getting caught or reported and realizing that people in power (Senators/Governors) are being punished , so why not them.
But it is still very disturbing to know that it still exists today in 2015.
Many companies/organizations will state that they have a zero-tolerance anti-harassment policy and that they will take all allegations of harassment and improper conduct very seriously, but do they? This does not mean that it doesn't happen. 

I was very fortunate to work in an organization where all VP's and upper-management/directors were all women. Very strong Latina Women :-). This was very motivating to see and have in place. But I'm also aware that many organizations are managed by very powerful men.
As I shared in class, working in the airlines  is where I observed a lot of sexual harassment between flight attendants and pilots. (i'm not saying that this was happening everyday and/or demeaning flight attendant or pilots). 
I've seen pilots touching flight attendants inappropriately, I've heard pilots making sexual advances to them as well, inviting them into their hotel room, etc. Now that I look back, and if I knew what I know now, I would definitely do something more about it. (this was almost 19 years ago). I know many things have changed and many things have improved but still wonder how much of this is still happening (in the airlines)

    • Posted: 4 years ago
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    • Budget: $10
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