A short list of inappropriate places would include the buttocks, the legs, or the chest, but could be expanded to include anywhere other than the arm or the shoulder. A second offense, or any harassing of the waitress or manager because of the warning, would eject in the patron being ejected from the cocktail lounge. In the case of a lounge patron who was also a hotel guest, the guest would be barred from re-entering the lounge during his or her stay.
Furthermore, while it would be impossible for a hospitality manager to try to prevent flirting by the customers, the fact is that some behavior is obviously inappropriate. Workers in any other industry would not be expected to put up with over sexual offers or demands, and cocktail waitresses should not be faced with that type of behavior, either. In fact, to permit patrons to treat waitresses in that manner would contribute to a hostile work environment on the basis of sex, and would clearly violate those waitresses' rights to be free from sexual harassment. Therefore, the manager would need to immediately step in and inform a patron that his behavior was unacceptable, if a waitress reported that a patron's advances were making her feel uncomfortable in any way. A second offense would result in the patron's ejection from the lounge. However, the hospitality manager also has to be certain that no group of people is being discriminated against; it would be untenable for a waitress to accept advances from one patron and reject them from another patron on the basis of a protected characteristic, like race or national origin.
In fact, because of the atmosphere created in a cocktail lounge, which suggests a certain availability of its waitresses to the patrons, a hospitality manager might find that it is wise to institute a no-romance policy in the workplace. These policies, sometimes referred to as love contracts, can be difficult, if not impossible to enforce. However, they do provide some protection for management in the event that a romantic relationship...
Legal Brief McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004) Type of Action The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment
At all times, a compliant organization will provide the following to all/each staff/employee: A non-hostile work environment An anonymous and secure system for staff to report sexual harassment/ethical concerns Quick and responsive, unbiased, comprehensive & objective investigation into all claims A safe and courteous atmosphere for our patient population and for our staff An environment void of preferential treatment or discrimination based on gender An environment void of preferential treatment Interim & annual training sessions conducted
These types of insurance against claims of sexual impropriety and harassment are becoming more and more common in light of the established legal precedents defining sexual harassment. Another way that employers have reacted to sexual harassment is to educate and train employees about what constitutes it. Many employers have created classes, seminars, or even just opened discussion about how sexual harassment is defined by the Supreme Court, as well as
2010). That said, Perry notes that "we know surprisingly little" about whether the training actually creates "positive change"; and given that lack of specific knowledge, the authors present what they call the "best training practices" that are available for HR departments and managers (187). The "best practices" factors that have proven successful in preparing HR professionals in matters of sexual harassment include: a) "Pre-training factors" (an assessment of who needs
Sexual harassment in the workplace is a widespread problem and a serious issue not only because of moral and ethical violations but also because of legal repercussions involved. While the issue is serious and attention is being paid to curtail it, there still remain some ambiguities due to which it is not easy to determine what actually constitutes sexual harassment. For one, we must understand that sexual harassment is not
Sexual Harassment in Hospitals Existence of sexual harassment in the hospital setup in its varied forms has been clearly confirmed by exhaustive studies. It is unfortunate that such insidious practices have invaded the serene hospital environment. Sexual harassment, in whatever form it exists, must be rooted out and this demands immediate attention and positive intervention from the human resource professionals. Sexual harassment has of late become a matter of serious concern for
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