Answer:
Refer to the case Faragher v City of Boca Raton to answer question as below:
Facts to this case
• An employee was sexually harassed by her supervisor over the course of her employment.
• The supervisor also made demands that the employee date him or she would be made to clean toilets.
• The employee resigned and sued the employer under Title VII for a sexually harassing work environment.
Case Issue
The issue is whether part-time employees are covered by Title VII and whether the employer is also vicariously liable for the supervisor's actions.
Relevant Terms, Laws, and Cases
Title VII Civil Rights Act - Prohibits discrimination in employment due to race, gender, religion.
Respondeat superior - This imposes liability (known as vicarious liability) on the principal or employer of liability caused by agent or employee during the scope of their agency or employment.
Opinion
Title VII also covers part time employees.
The Supreme Court found that:
• There was a Title VII violation since sexual harassment occurred in the workplace.
• The employer could have limited liability by disbursing their policy on sexual harassment in the workplace to all employees.
• They failed to do so.
Furthermore, the court found that the employer was vicariously liable as:
• Employers are vicariously liable for the harassment of their employees by the supervisors.
• The employer did not have an effective gateway to limit sexual harassment in their workplace.
• For example, the employees didn't have communication with higher management.
Thus, the employer was liable for Title VII and vicariously liable for their supervisor's actions.
Answer:
Refer to the case Salazar v Church's Fried Chicken to answer question as below:
Facts to this case
• S was a part time worker a restaurant.
• A co-worker G repeatedly sexually harassed S.
• G had supervisory powers and was the roommate of the restaurant manager.
• S sued the restaurant under Title VII for having a hostile work environment.
• Restaurant claimed it had a policy for sexual harassment in place.
Case Issue
The issue is whether S can state a Title VII claim when
Relevant Terms, Laws, and Cases
Title VII Civil Rights Act - Prohibits discrimination in employment due to race, gender, religion. Employers are liable to employees when they fail to maintain a safe work environment. For example, employer is liable when an employee's workplace has rampant sexual harassment and no company policy in place to stop it.
Opinion
The court held for S.
• They found that the sexual harassment policy was insufficient because S was first supposed to turn to the restaurant manager, G 's roommate.
• S would have perceived this to be unbeneficial to her.
Thus, S has a Title VII claim against the restaurant.
Answer:
Refer to the case Hayes v Shelby Memorial Hospital to answer question as below:
Facts to this case
• H a radiology technician was pregnant.
• H doctor told her that she can still work with X-rays.
• The hospital where H worked at fired her due to her pregnancy.
Case Issue
The issue is whether H has a discriminatory claim against the hospital for her termination.
Relevant Terms, Laws, and Cases
Title VII Civil Rights Act - Prohibits discrimination in employment due to race, gender, religion.
Bonafide Occupational Qualification (BFOQ) - allows employers to impose rules that are reasonable to operate the business even though it may impact a group.
Opinion
The court held for H. Court found that:
• H has a Title VII claim against the hospital for discrimination due to her pregnancy. (A Title VII amendment added pregnancy discrimination as discrimination against the female sex).
• Hospital has a defense only if nonpregnancy was a BFOQ to being a radiotech.
• For a requirement to be BFOQ it must be necessary to promote safe and efficient operation.
• Pregnancy did not impact H 's ability to perform X-rays.
• Furthermore, the hospital made special arrangements for previous radiotech whom became pregnant and X-ray harm to the fetus was minimal.
Thus, the court found that the hospital made a Title VII offense for firing H due to her pregnancy.