Employment Law-Hostile Work Environment

Employment Law-Hostile Work Environment

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Employment Law-Hostile Work Environment

Part I

           Under the legal domain of the United States labor law, the scenario of a hostile work environment is defined as the situation in a workplace setting when one’s behavior can lead to the environment that eventually creates difficulty for another person to properly work. In other words, intentional actions or words by someone to intimidate other workers are recognized as the condition of a hostile work environment. It is noteworthy to mention that the Federal Law of Title VII of the Civil Rights Act provides protection against the domain of the hostile work environment ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"hUoWAlOS","properties":{"formattedCitation":"(Calvasina et al.)","plainCitation":"(Calvasina et al.)","noteIndex":0},"citationItems":[{"id":330,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/7HH3GF8X"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/7HH3GF8X"],"itemData":{"id":330,"type":"article-journal","container-title":"Academy for Studies in Business","issue":"1","page":"7","title":"ARE MEN ENTITLED TO TITLE VII PROTECTION FROM A SEXUALLY HOSTILE WORK ENVIRONMENT?","volume":"3","author":[{"family":"Calvasina","given":"Gerald E."},{"family":"Calvasina","given":"Richard V."},{"family":"Calvasina","given":"Eugene J."}],"issued":{"date-parts":[["2011"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Calvasina et al.). This specific act ensures the protection of basic employment rights for all the workers who discriminated against due to gender, race, color, religion, etc. The Federal agency of the Equal Employment Opportunity Commission (EEOC) is a responsible entity to ensure successful enforcement of the law against the issue of a hostile work environment. 

Part II

           It is mandatory for employers to adopt proper policies and procedures to successfully avoid the risk of liability within a context of “affirmative defense.” This prospect can be better apprehend through the example of the tourism sector where the prevalence of sexual harassment for employees is immense. This specific concern requires organizations to develop suitable forms of anti-sexual harassment policies and reporting methods to minimize the risk of affirmative defense by workers. Adoption of legal requirements with the consideration of evidence-based practices is a necessary condition to avoid the risk of a hostile work environment. The legal requirements of Title VII and Title IX can be assistive for an employer to align the organization’s policies against the issue of sexual harassment. The adoption of practical actions is also a necessary condition to successfully deals with the scenario of sexual harassment in workplace settings. In case of any complaint, the employer needs to adopt some immediate actions under the main procedure to ensure the protection of the basic rights of every employee. It is vital for the employer to proactively and regularly transmit the company’s agenda against the issue of sexual harassment. Moreover, the application of neutral investigation of the entire case of alleged sexual harassment is also necessary to give the opportunity to every stakeholder to make their position clear ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4AG0866s","properties":{"formattedCitation":"(Stockdale et al.)","plainCitation":"(Stockdale et al.)","noteIndex":0},"citationItems":[{"id":329,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/6YG37C92"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/6YG37C92"],"itemData":{"id":329,"type":"article-journal","container-title":"Journal of Forensic Psychology Practice","issue":"1","page":"65-78","title":"Coming to terms with zero tolerance sexual harassment policies","volume":"4","author":[{"family":"Stockdale","given":"Margaret S."},{"family":"Bisom-Rapp","given":"Susan"},{"family":"O'Connor","given":"Maureen"},{"family":"Gutek","given":"Barbara A."}],"issued":{"date-parts":[["2004"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Stockdale et al.). Strict compliance is required from the employer to guarantees the protection of all the employees against any form of the hostile work environment and avoids the complication of liability of affirmative defense from workers.  

Part III

           The organization of the hotel under the domain of the tourism industry can be considered as an example in case of a hostile work environment. Employees working in hostels have to deal with various forms of hostile work environments that eventually made it difficult for them to successfully perform their job tasks. Sexual harassment is recognized as one form of a hostile environment that exists in the scenario of the tourism industry. Sometimes, employees are forced to involve in different sexual activities without their consent. 

           The issue of a hostile work environment specifically in the form of sexual harassment requires employees to take some practical measures. The legal structure of the organizational set-up provides necessary protection to the employees. Unwarranted actions or behaviors can be addressed by applying significant practical measures. In case of experiencing an issue of sexual harassment under the spectrum of the hostile work environment, the first step for the employee is to consult employee handbooks or policies ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"18cVEfRx","properties":{"formattedCitation":"(Ram)","plainCitation":"(Ram)","noteIndex":0},"citationItems":[{"id":328,"uris":["http://zotero.org/users/local/qLzeF6Hj/items/B45JYV39"],"uri":["http://zotero.org/users/local/qLzeF6Hj/items/B45JYV39"],"itemData":{"id":328,"type":"article-journal","container-title":"Current Issues in Tourism","issue":"7","page":"760-774","title":"Hostility or hospitality? A review on violence, bullying and sexual harassment in the tourism and hospitality industry","volume":"21","author":[{"family":"Ram","given":"Yael"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ram). A comprehensive understanding of the company’s policy against sexual harassment is necessary. The second useful step for the employee is to consult the immediate supervisor. The third practical step is identified as sharing this issue with other trustworthy fellows to raise a collective voice against this issue. An employee as a victim of a hostile work environment has the option to avail services of EEOC to legally handle this issue. Retaliation is a necessary measure to successfully address the issue of sexual harassment under the domain of a hostile work environment. 

Part IV

           There are many other legal options are available for the employee if the issue of unwarranted behavior in a workplace setting is not properly resolved. A detailed understanding of Title VII is a necessary condition to discover all possible legal options in the scenario of a hostile work environment. Litigation in the form of appropriate practical measures by federal law agency is one additional option for an employee to successfully apprehend the problem of the hostile work environment. 

Works Cited

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Calvasina, Gerald E., et al. “ARE MEN ENTITLED TO TITLE VII PROTECTION FROM A SEXUALLY HOSTILE WORK ENVIRONMENT?” Academy for Studies in Business, vol. 3, no. 1, 2011, p. 7.

Ram, Yael. “Hostility or Hospitality? A Review on Violence, Bullying and Sexual Harassment in the Tourism and Hospitality Industry.” Current Issues in Tourism, vol. 21, no. 7, 2018, pp. 760–74.

Stockdale, Margaret S., et al. “Coming to Terms with Zero Tolerance Sexual Harassment Policies.” Journal of Forensic Psychology Practice, vol. 4, no. 1, 2004, pp. 65–78.