Review the expanded RIPPED T fact pattern below (new facts are in italics) and your EEO Policy from the prior assignment:
Your company, RIPPED T, employs approximately 100 employees. All employees are located in and work from offices in the State of Atlantis, the 52nd state of the United States of America, a state which does not have employment laws which expand Federal employment laws. You print t-shirts with custom logos provided by your customers- customers are vetted on ability to pay, not their messaging- and thanks to your secret, experimental ink formula (also manufactured on-site), RIPPED promises the logo will NEVER fade. It is a family owned business. The manufacturing facility is housed in the same building as the executive offices, and first line managers, quality control, safety and on-site health clinic. Sister is the CEO; Father is the CFO; Brother is the plant manager; and Dr. Nye the Science Guy invented the ink and works as a consultant to the plant. You are the HR Director. The company is located on the outskirts of the only major city in the state which boasts two Universities- one is a niche science-based school and the other is a fine arts school. Tourism is the state’s main source of revenue – the island is famous for its beautiful beaches, active retirement communities, and a “5’o’clock somewhere” laid-back party culture. Jobs are scarce on the island and RIPPED pays well, so competition for positions is high.
Dr. Nye is working on improvements to his formula. While he shares a name with the iconic TV guy, he is no relation to him, although his resume presents false evidence of his credentials and work history! He works best over a margarita at the beach tiki hut where many employees gather after work. In spite of his wrinkled old appearance he draws a regular circle of company executives and workers from the plant who seem very interested in his work. Their admiration of him tends to increase as the evening goes on and gets rather rowdy. Rumor has it the safety manager Chris Chemist is his current love interest. Abdul and Mai Li are interns from the Science based university- top of the class, and among the youngest students in the country to complete a rigorous course of niche study. Both are US Citizens, age 18. Abdul is a devote, practicing Muslim. They are studying the impact of discharge from industrial plants on the environment. As they complete their internships, you meet with them to talk about future opportunities with the company. They have both asked Dr. Nye for a recommendation for employment after graduation in the fall. Your meetings with Abdul and Mai Li quickly take a turn for the worse…..
Adopt a No- Harassment Policy for your Company. You may select one found through your research and use as is or revise it or write one of your own. If you use one you have found, include the source link. Be prepared to discuss what you have included and why.
RIPPED T is an equal opportunity workplace. We strive to maintain a diverse workforce and an inclusive
work environment. We think of our company as family. Therefore, everyone will be treated with the
utmost respect. This will apply to all decisions concerning employees or business dealings. RIPPED T will
not tolerate discrimination based on race, color, ancestry, age, sex, sexual orientation, religion,
disability, ethnicity, national origin, veteran status, marital status, pregnancy, or any other legally
protected status. Violations of this policy will not be tolerated.
I recommend that RIPPED T adopt a basic policy because I am committed to creating a family
atmosphere within the business. Therefore, I only addressed the basic legal rights of our employees.
Issues such as promotion, transfer, training, wages or salary administration. Employee benefits were not
stated in this policy.
1) As the head of HR, am I incorporating mentoring, management training, and development
necessary for a successful workplace? This training may include topics such as management
diversity, equity, and inclusion training.
2) If an employee is in need of discipline or termination, do I hold back due to fear of being sued?
3) Am I setting standards and goals in the workplace in order to allow employees to feel free to
make contributions and flourish?
Sources:
www.Betterteam.com
www.SHRM.com/better workplaces/better world
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EMPLOYMENT LAW FOR BUSINESS 10E
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EEOC recommended not only that employers have
such things as policies and training but also that they
go further and take a broader proactive approach that
includes workplace civility training.
Exhibit 9.2 Example of a Sexual Harassment Policy
Often the employer doesn't really know what is appropriate
to include in a sexual harassment policy. In the Jacksonville
Shipyards case, as part of the court's order, the employer
was required to adopt a sexual harassment policy, which was
included in an appendix. In order for you to see what one
actually looks like and make the theoretical more practical for
you, it is reproduced below, with changes as appropriate to
generalize the policy (rather than have it be specific to JSI).
It is important to check state laws in your area, as they may
vary from federal laws. For instance, some state laws mandate
postings, and some do not; many begin coverage if the employer
has only one employee, while others track the federal law's 15;
and some specify what must be in any posting that is provided
by the employer.
XYZ COMPANY SEXUAL HARASSMENT POLICY
Statement of Policy
Title VII of the Civil Rights Act of 1964 prohibits employment
discrimination on the basis of race, color, gender, religion,
or national origin. Sexual harassment is included among the
prohibitions.
Sexual harassment, according to the federal Equal Employment
Opportunity Commission (EEOC), consists of unwelcome sexual
advances, requests for sexual favors, or other verbal or physical
acts of a sexual or sex-based nature where (1) submission to
such conduct is made either explicitly or implicitly a term or
condition of an individual's employment; (2) an employment
decision is based on an individual's acceptance or rejection of
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EMPLOYMENT LAW FOR BUSINESS 10E
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such conduct; or (3) such conduct interferes with an individual's
work performance or creates an intimidating, hostile, or
offensive working environment.
It is also unlawful to retaliate or take reprisal in any way
against anyone who has articulated any concern about sexual
harassment or discrimination, whether that concern relates to
harassment of or discrimination against the individual raising
the concern or against another individual.
Examples of conduct that would be considered sexual
harassment or related retaliation are set forth in the Statement
of Prohibited Conduct, which follows. These examples are
provided to illustrate the kind of conduct proscribed by this
policy; the list is not exhaustive.
XYZ Company and its agents are under a duty to investigate
and eradicate any form of sexual harassment, gender
discrimination, or retaliation. To further that end, XYZ Company
has issued a procedure for making complaints about conduct in
violation of this policy and a schedule for violation of this policy.
Sexual harassment is unlawful, and such prohibited conduct
exposes not only XYZ Company but individuals involved in
such conduct to significant liability under the law. Employees
at all times should treat other employees respectfully and
with dignity in a manner so as not to offend the sensibilities
of a coworker. Accordingly, XYZ's management is committed
to vigorously enforcing its Antisexual Harassment Policy at all
levels within the company.
Statement of Prohibited Conduct
The management of XYZ Company considers the following
conduct to represent some of the types of acts which violate
XYZ's Antisexual Harassment Policy:
A. Physical assaults of a sexual nature, such as:
(1)
rape, sexual battery, molestation, or attempts to
commit these assaults; and
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