All workers in the United States who are members of a protected class due to age, ethnicity, race, national origin, disability, sex, or religion have the legal right not to be harassed under the Civil Rights Act of 1964 (Glaviano, 2017). John does fall under the protected class due to his national origin and race since he identifies as Hispanic. Since his supervisor has been calling him "idiot" and another inflammatory name John was right to take up the matter with the Human Resources Department. However, the lack of assistance from the HR department allows him to file a discrimination and harassment case against the employer. The elements of a hostile work environment that John faces include discrimination based on his race and national origin and offensive behavior from his supervisor. The case of Johns as presented does satisfy the elements of a hostile work environment claim. The claim could be filed against the employer and the supervisor since John did seek assistance from the HR department but he did not get any help. Since the supervisor is employed by the organization and he or she has the right to demote or fire any employee who is under him or her, John has a strong case and the supervisor role fits the explanation given under the Vance v. Ball State case (Meyers, 2015). The supervisor has been given tangible employment actions that he or she could take against the victim like demoting him or firing him. Therefore, the harasser in this case is a supervisor and the employer is vicariously liable for a hostile work environment that has been created by the supervisor.
Employer Liability
The employer can defend himself for the supervisor's conduct by stating that there was no tangible action taken against the employee. This means that the employee was neither demoted nor...
Elements of a Hostile Work Environment Claim According to the EEOC (2019), harassment is defined as “a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964,” which prohibits discrimination on the basis of, among other things, race. Hispanic is considered a “race” in US law, per Village of Freeport v Barrella (Cuthbertson, 2016). Further, it is “unwelcome conduct that is based on race…” John is facing
EEOC Discrimination Claim Discrimination Complaints: A Case Study John believes that he has been discriminated against by his employer, a private company. The nature of the alleged discrimination could be related to John's race, color, religion, sex, national origin, age if 40 or older, disability, or genetic information (Equal Employment Opportunity Commission [EEOC], 2010, p. 1; EEOC, n.d.). The Constitutional authority for filing a discrimination claim against an employer comes from a
HR Management EEOC EEOC are initials referring to the Equal Employment Opportunity Commission. This is a federal agency mandated to eliminate discrimination founded on age, national origin, sex, disability, religion, color, race and all other terms and conditions used in employment. The commission is charged with investigating alleged investigations through different fields making a determination through guidance for collecting evidence. It attempts to reconcile in cases involving discrimination, which leads to the
EEOC Review The Equal Employment Opportunity Commission (EEOC) is far and away the most prolific and omni-present agency that exists in the United States, at least at the federal level, that regulates employers and protects employees from discrimination and other unlawful and/or unethical employment practices including inequity in who is hired, who is fired, who is promoted and why, who is given raises and why and so forth. While budgetary constraints
At the same time, there are limits in time for filing of the suit and the first of these is that the suit must be filed within 180 days from the date of violation. This period is extended to 300 days if the charge is also covered by the state or local anti-discrimination law. For charges under ADEA, only the state limits are valid, and this may be 300
D.). A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look
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