Sexual Harassment Case Study

Individual Case Study 1 1. Is thither a case of sexual badgering in this situation or is it only fun? This is a case of sexual harasswork forcet because the address and actions of fellow employees ultimately made Rosetta quit her job. The technical definition of harass custodyt is when members of an organization treat an employee in a different manner overdue to that persons sex, race, religion, age, and etc. molestation also includes unwelcomed remarks or jokes which tiller the employee intent uncomfortable.These guys that Rosetta had been working with, as she work forceti bingled were making remarks and asking uncomfortable questions regarding her face-to-face relationships (asking intimately her boyfriend, asking intimate details and asking if she prefers Canadian workforce over Italian men), the guys made plaguy jokes and purposely made reliable that Rosetta heard them, which is some other sign of badgering its causes Rosetta to receive awkward and disconcert at h er workplace (somewhere where she should feel comfortable and safe).Not only, do these guys get through lousy jokes, but the omnibus, Al also contributes and encourages these guys regardless if its making a nonher employee uncomfortable. These guys make fun of Rosetta when she comes into work, with remarks like calling her Risotto which in Italian means rice with gravy, non only is this an unwelcomed remark, its taunting her and insulting towards her Italian culture. A nonher engineer is harassment is displaying is offensive or pornographic items in a workplace environment.According to Rosetta, these guys post centrefolds pinned on their machines, which atomic number 18 pictures of nude or almost nude women. This is highly inappropriate for the work environment and makes Rosetta uncomfortable. When Rosetta asked these men from refraining to asking awkward and inappropriate questions and to leave her al peerless, they said that Italians are serious braggarts which is derogato ry and condescending term against her race. Sexual harassment a design of harassment, was also present in this situation.Sexual harassment has three different characteristics the prime(prenominal) one cosmos that the encounters essential be unwelcomed to the complainant, expressly or implicitly train a go at itn by the responder to be unwelcomed. This applies to this situation because Rosetta let the guys bangs that she did not like the remarks by sayings leave me alone and mind your own moving in and they still continue to make remarks which leads to the second characteristic conduct moldiness continue despite the complainant protests, finally the third characteristic is complainants cooperation essential be due to employment related threats.Rosetta suffered and took the harassment for so farsighted from the fear of the coach, and be fired from her job. 2. If you were Eva, what would-and could-you do? What are the options? What is the probability of succeeder of each option? Rosetta faced indirect systematic inequality, which indicates that on that point is no intention to discriminate, but the system, arrangements, or policies allow it to happen. To begin with, Eva could pick up talked to the Manager, which she had and it didnt lead her to positive results.So, she could each go above the manager or go directly to the gentle Resource department of that company. This is a coarse process, which has many steps so Eva could choose to go to the Canadian gentleman Rights Commission. The Canadian valet Rights Act is a federal law that permits contrast anything under federal jurisdiction, for example banks, airlines, government agencies, radio and TV companies. Areas that are not cover but the federal jurisdiction are cover by the provincial human rights act.The Canadian military man Rights Commission (CHRC) is at that place to supervise and execute any action under the Canadian humanity Rights Act. Any person/group that has reasonable gro und to believe that they have been discriminated against has the right to buck with CHRC. For Eva to composition harassment has taken place against Rosetta, she moldiness scratch line take permission from Rosetta, otherwise there is a encounter that her armorial bearing could be rejected. However, there are many things that Rosetta has to be mea indis sickabled with, the CHRC does not accept armorial bearings that are over a year old, if the affection seems trivial or made in bad faith.Eva essential repute this problem immediately with the correct proof so her kick wouldnt be dismissed. After Eva has loadd the complaint, it will be further investigated. It will either be ruled as substantiated or non-substantiation, if ruled substantiated, (in support of complainant) and so an attempt to make a settlement will be made. If no settlement is made, and so the homophile Rights Tribunal Panel can be appointed to further investigate the complaint. If they find that there wa s contrast against Rosetta, accordingly she will be compensated as seen appropriate.Eva can also file a complaint with the Ontario Human Rights laws and commission, which will investigate the complaint (also with the admit of Rosetta) and a settlement will be offered to satisfy both parties if no settlement is reached, wherefore complaint will be further investigated. two these processes are very spacious, but proven in favour of the complaint many times. However, there are times where there is no discrimination/harassment found in the case.Another thing Eva could do is try to utilise the employment equity program within the organization. This program (usually run by employers) is used to unlace past employment discrimination and prevent in store(predicate) discrimination and create equal employment opportunity within the company. Eva, with the answer of the HR department could use this program and the example of Rosetta to prevent futurity situations like this by educati ng the employees closely the laws, and diversity. It can also jock let out the harassment that Rosetta faced. . What are Als responsibilities in this instance? Did he carry them out considerably? Why or why not? Employers, or managers have one basic responsibility towards their employees, which is to provide a safe environment for their employees and Al, as the manager failed to do so. The job of managers/supervisors is to know the law and to implement it within their organization/team. His responsibility is to be cognizant of what harassment is, different types of harassments and the signs of harassed workers.His responsibility as a manager was to mould a stop to the harassment and discrimination Rosetta was facing, and report those employees to the Human Resources Department or to the CHRC. Not only did he fail to put a stop to the harassment, he failed to report it and was also part taking in the harassment by encouraging the jokes those guys were making that made Rosetta feel uncomfortable. Another responsibility of a manager is to have good colloquy not only within the team members but good employee-to-manager converse which is failed to establish with Rosetta.She did not feel comfortable talking to her manager about the harassment, which ultimately made her quit her job because she felt she had no one to talk to and ask for help. Al, also fails to recognize the harassment happening and blames it on Rosetta not being able to take the jokes lightly and took the accusation of Rosetta being harassed very lightly. He did not carry his responsibilities out swell for the reasons stated above, he created an unsafe, uncomfortable environment for one of his employees.Sexual Harassment Case StudyIndividual Case Study 1 1. Is there a case of sexual harassment in this situation or is it only fun? This is a case of sexual harassment because the speech confabulation and actions of fellow employees ultimately made Rosetta quit her job. The technical definiti on of harassment is when members of an organization treat an employee in a different manner due to that persons sex, race, religion, age, and etc. Harassment also includes unwelcomed remarks or jokes which make the employee feel uncomfortable.These guys that Rosetta had been working with, as she mentioned were making remarks and asking uncomfortable questions regarding her in-person relationships (asking about her boyfriend, asking intimate details and asking if she prefers Canadian men over Italian men), the guys made dirty jokes and purposely made sure that Rosetta heard them, which is other sign of harassment its causes Rosetta to feel awkward and abashed at her workplace (somewhere where she should feel comfortable and safe).Not only, do these guys make dirty jokes, but the manager, Al also contributes and encourages these guys regardless if its making another employee uncomfortable. These guys make fun of Rosetta when she comes into work, with remarks like calling her Risot to which in Italian means rice with gravy, not only is this an unwelcomed remark, its taunting her and insulting towards her Italian culture. Another form is harassment is displaying is offensive or pornographic items in a workplace environment.According to Rosetta, these guys post centrefolds pinned on their machines, which are pictures of nude or almost nude women. This is highly inappropriate for the work environment and makes Rosetta uncomfortable. When Rosetta asked these men from refraining to asking awkward and inappropriate questions and to leave her alone, they said that Italians are skilful braggarts which is derogatory and condescending term against her race. Sexual harassment a form of harassment, was also present in this situation.Sexual harassment has three different characteristics the first one being that the encounters must be unwelcomed to the complainant, expressly or implicitly known by the responder to be unwelcomed. This applies to this situation because Roset ta let the guys knows that she did not like the remarks by sayings leave me alone and mind your own crinkle and they still continue to make remarks which leads to the second characteristic conduct must continue despite the complainant protests, finally the third characteristic is complainants cooperation must be due to employment related threats.Rosetta suffered and took the harassment for so recollective from the fear of the manager, and being fired from her job. 2. If you were Eva, what would-and could-you do? What are the options? What is the probability of achievement of each option? Rosetta faced indirect systematic discrimination, which indicates that there is no intention to discriminate, but the system, arrangements, or policies allow it to happen. To begin with, Eva could have talked to the Manager, which she had and it didnt lead her to positive results.So, she could either go above the manager or go directly to the Human Resource department of that company. This is a l ong process, which has many steps so Eva could choose to go to the Canadian Human Rights Commission. The Canadian Human Rights Act is a federal law that permits discrimination anything under federal jurisdiction, for example banks, airlines, government agencies, radio and TV companies. Areas that are not covered but the federal jurisdiction are covered by the provincial human rights act.The Canadian Human Rights Commission (CHRC) is there to supervise and implement any action under the Canadian Human Rights Act. Any person/group that has reasonable ground to believe that they have been discriminated against has the right to file with CHRC. For Eva to report harassment has taken place against Rosetta, she must first take permission from Rosetta, otherwise there is a endangerment that her complaint could be rejected. However, there are many things that Rosetta has to be studious with, the CHRC does not accept complaints that are over a year old, if the complaint seems trivial or mad e in bad faith.Eva must report this problem immediately with the correct proof so her complaint wouldnt be dismissed. After Eva has filed the complaint, it will be further investigated. It will either be ruled as substantiated or non-substantiation, if ruled substantiated, (in support of complainant) then an attempt to make a settlement will be made. If no settlement is made, then the Human Rights Tribunal Panel can be appointed to further investigate the complaint. If they find that there was discrimination against Rosetta, then she will be compensated as seen appropriate.Eva can also file a complaint with the Ontario Human Rights laws and commission, which will investigate the complaint (also with the assent of Rosetta) and a settlement will be offered to satisfy both parties if no settlement is reached, then complaint will be further investigated. some(prenominal) these processes are very long, but proven in favour of the complaint many times. However, there are times where the re is no discrimination/harassment found in the case.Another thing Eva could do is try to implement the employment equity program within the organization. This program (usually run by employers) is used to undo past employment discrimination and prevent afterlife discrimination and create equal employment opportunity within the company. Eva, with the help of the HR department could use this program and the example of Rosetta to prevent future situations like this by educating the employees about the laws, and diversity. It can also help undo the harassment that Rosetta faced. . What are Als responsibilities in this instance? Did he carry them out well? Why or why not? Employers, or managers have one basic responsibility towards their employees, which is to provide a safe environment for their employees and Al, as the manager failed to do so. The job of managers/supervisors is to know the law and to implement it within their organization/team. His responsibility is to be cognizant o f what harassment is, different types of harassments and the signs of harassed workers.His responsibility as a manager was to put a stop to the harassment and discrimination Rosetta was facing, and report those employees to the Human Resources Department or to the CHRC. Not only did he fail to put a stop to the harassment, he failed to report it and was also part taking in the harassment by encouraging the jokes those guys were making that made Rosetta feel uncomfortable. Another responsibility of a manager is to have good confabulation not only within the team members but good employee-to-manager communication which is failed to establish with Rosetta.She did not feel comfortable talking to her manager about the harassment, which ultimately made her quit her job because she felt she had no one to talk to and ask for help. Al, also fails to recognize the harassment happening and blames it on Rosetta not being able to take the jokes lightly and took the accusation of Rosetta being h arassed very lightly. He did not carry his responsibilities out well for the reasons stated above, he created an unsafe, uncomfortable environment for one of his employees.