Court broadens scope of sexual harassment law
Article Abstract:
A decision by a California appellate court has increased the scope of the state's Fair Employment and Housing Act, allowing employees to sue for sexual discrimination even though they are not the victim of the alleged harassment. The appellate court remanded the case to a lower court to allow the complainant to refile in accordance with the standards set forth in the decision. The decision requires lower courts to consider the type and frequency of harassment and the total number of days in which harassment occurred. Complainants will be required to establish a link between the harassment of others, observation of the conduct, and the work context in which the acts occurred. Employers can minimize their liability for sexual harassment by implementing a written policy for sexual harassment, notifying employees of the policy, and taking action against offending employees.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1990
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A news report for personnel professionals: reasonable accommodation
Article Abstract:
Two recent court cases, Protos vs. Volkswagen of America and Proctor vs. Consolidated Freightways, emphasize employer obligations to reasonably accommodate employees' religious beliefs. In both cases, workers were terminated for failing to work on their Sabbath, resulting in lawsuits. In such cases, employers must be prepared to demonstrate in court that reasonable accommodation for employees has been attempted and that such accommodation does not constitute undue hardship for either the employer or the employee. In both cases, the particulars of which are provided, courts found in favor of the terminated employees, awarding one of them $73,911.36 in lost pay and benefits. Also discussed, is the active position of the Equal Employment Opportunity Commission (EEOC) despite Reagan Administration pressures.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1986
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Supreme court redefines scope of civil rights acts
Article Abstract:
An overview of four recent court cases reveals that the Supreme Court has significantly shifted in its interpretation of aspects of both the Civil Rights Act of 1964 and the Civil Rights Act of 1866. The four decisions include: restricting compensatory and punitive damages; requiring that claimants under Title VII must prove specific job bias under disparate impact; revealing that challenges to seniority systems are now untimely under Title VII; and establishing that court-approved consent decrees are now subject to later challenges. The four cases are discussed in detail, and the impacts of the cases are also described.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1989
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- Abstracts: Lords rule on harassment and liability. In the courts. Absence of discrimination conclusive
- Abstracts: Has the pension coverage of women improved? Rate-of-return guarantees for defined contribution plans. Pension education; does it work? Does it matter?
- Abstracts: People problems: the office entrepreneur. Supervising employees with job insecurities. Supervising the office socializer
- Abstracts: The over-riding importance of the European Community. The rising cost of discrimination. Transfer of Undertakings Regulations clarified
- Abstracts: Limits on wrongful discharge damages. Wrongful discharge: recent court decisions