18 Page Paper Topic: Gender Discrimination Against Women In The Workplace

4/20/2021 New Developments Concerning Discrimination and Harassment in the Workplace – Sociological Abstracts – ProQuest

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Abstract

In Jun 2000, The US Supreme Court issued a ruling which affects employer liability for supervision

harassment. The decision in Reeves vs. Sanderson Plumbing Products Inc sharply points to the need for

employers to have clear anti- discrimination policies in place. Further, training is needed to ensure these are

understood and obeyed. Basically, both federal and state statutes state that in making employment

decisions, employers cannot deliberately practice discrimination due to an employee’s race, gender, age, or

certain other protested characteristics. Having an anti-bias policy in place represents one of the best ways

a firm can protect itself from suggestions that discrimination or harassment is tolerated. As channels for

proper communication of grievances regarding discrimination or sexual harassment can be blocked by

failure to prepare and to follow suggestions such as these, one must recognize the needs for promptness,

thoroughness, written policy, confidentiality, and employee evaluations, among others, to provide for clarity

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The Need for Effective Anti-Bias Policy: A Recent Supreme Court Decision

In June 2000, the United States Supreme Court issued a ruling which affects employer liability for

supervision harassment. The decision in Reeves vs. Sanderson Plumbing Products Inc. sharply points to

the need for employers to have clear anti- discrimination policies in place. Further, training is needed to

ensure these are understood and obeyed (Andersen, E4).

Basically, both federal and state statutes state that in making employment decisions, employers cannot

deliberately practice discrimination due to an employee’s race, gender, age, or certain other protested

characteristics. An employer’s motive is key in these cases. To prove a forbidden motive since 1973, courts

have applied this framework, which utilises Supreme Court guidance:

1. First, the plaintiff, employee, has to present a “prima facie” or “apparent” case, which states that he or she

was wrongfully treated due to a protected characteristic.

2. Next, the employer must offer its reasons for the challenged action.

3. Then, the employee must offer statements showing why the employer’s reasons are not credible but the

employer’s reasons are not credible but represent only a “protect” or cover for the behaviour being legally

challenged (Anderson E4).

Sociological Abstracts
New Developments Concerning Discrimination and Harassment in the Workplace
Quak, Sze Min; Kleiner, Brian H. The International Journal of and Social Policy; Bingley  Vol. 21, Iss. 8-10,  (2001): 83-91. …

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The Reeves case can be illustrative. Here, a former employee made a case based on his age (57), that he

was a qualified supervisor, was terminated, then replaced successively by three people in their thirties. To

this, the employer offered a rebuttal that it represented a case only of termination for “legitimate business

reasons” (Anderson 4).

This case showed the court a variety of facts. The plaintiff had been put on probation for poor job

performance. He was fired for failing to keep accurate attendance records of the employees he himself

watched. But the plaintiff answered that his record keeping had been reliable, that the accusation was just

an excuse. He said the employer’s director of marketing stated that he (the plaintiff) was “so old he must

have come over on the Mayflower” (Anderson 5). A co-worker also said the plaintiff was treated ” in a

manner you would treat a child when you are angry with him” (Anderson 5). Although the manager was only

one of three who made the termination decision, and that the other two were themselves over 50, the court

found for the plaintiff.

Not precisely clear is the reasoning which swayed the Reeves jury. The case does show that bad behaviour

by even one employee, even one not involved in a termination decision, can harm an employer’s explanation

of a firing decision. The case shows why employers should use anti- discrimination policies. Also,

managers should receive training in how to apply these rules. Significantly, in 1998 the Supreme Court

ruled that unless employers adopt anti-sexual discrimination policies with a realistic employee complaint

procedure, employers could be held strictly liable for supervisory sexual harassment (Anderson 5).

New Rules for Sexual Harassment: The World of

Susan Antilla, writing in the Cleveland, Ohio, Plain Dealer newspaper of June 21, 1999, asks whether,

frankly, women in finance are better off today when filing claims based on discrimination or sexual

harassment than years ago? At issue is the fact that the entire securities industry has held to a

discriminatory procedure for a long time: to get a licence to sell securities, one must sign away the right to

take the firm to court. Any complaints would go to arbitration panels dominated by men. Now at least the

National Association of securities Dealers Regulation Inc., a regulatory arm of the NASD, has sent to the

securities and Exchange Commission a possible change. This would establish special rules for

discrimination cases brought to arbitration. Hopefully, in the immediate future the sec will rule to

commence these new, special procedures. This move could enable victims to recover damages far more

often than is presently possible (Antilla 3).

Harassment Rules More Clearly Defined

In the Rocky Mountain News of June 27, 1998, an article entitled “High Court Lists Rules on Sexual

Harassment” discussed some specifications relating to sexual harassment cases. These, hopefully, should

help both employers and employees diminish the size of the discrimination problem.

Under the specifications, employees can sue for unwelcome sexual advances and threats by a superior,

even if not carried out. But employers can defend themselves by having an anti-harassment policy and a

grievance procedure to take complaints. To not be held liable, employers have to demonstrate they

“exercised reasonable care to prevent or correct promptly any sexually harassing behaviour” and that the

harassed plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunity

provided by the employer or to avoid harm otherwise” (Rocky Mountain News 2A). These much more

specific than previous guidelines present a far greater chance for victims to receive justice. The new rules

allow for more ready use of complaint procedure, even when threats do not come true.

New Developments Concerning Discrimination and Harassment in the Workplace
Quak, Sze Min; Kleiner, Brian H. The International Journal of and Social Policy; Bingley  Vol. 21, Iss. 8-10,  (2001): 83-91. …

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Women ‘s groups were buoyed by the standards. “Today’s rulings should be a wake-up call to employers to

take action to wipe out sexual harassment, and if they do, they will benefit women and men alike,” said

Marcia Green Berger, co-president of the National Women ‘s Centre.

The Equal Employment Opportunity Commission and Job Harassment Concerns

Nancy Rivera Brooks, in the June 27 1999 issue of the Los Angeles Times, writes of the fact that the EEOC

has come to apply the same standards of liability to sexual as well as other types of workplace

harassment. In fact, an employer can be forced to pay damages to a worker sexually harassed by a

supervisor, even if the company did not know of the harassment and the victim failed to complain. EEOC

guidelines are not laws but are often used by courts ruling on workplace issues.

Complaints of harassment have increased greatly since Congress amended the Civil Rights Act in 1991

allowing victims to win as much as $300,000 in damages. In 1998, more than 15,600 sexual harassment

charges were filed with the EEOC. Similarly, racial harassment charges rose to nearly 10,000 in 1998, about

double that of 1991; this parallels the rise in sexual cases.

EEOC guidelines state that firms should say in writing that no form of harassment will be tolerated, nor will

retaliation against anyone complaining of such treatment. The types of prohibited conduct should be

specified. The complaint procedure should be strictly confidential; also, employees should be able to

complain through several avenues. In this way, even if the immediate supervisor is himself the problem, the

complaint can receive a fairer airing.

Evidence and Charges of Discrimination

Currently at issue in the United States Supreme Court is the level of evidence required in discrimination

cases. Often, an employee can enjoy a day in court based on implications of discrimination alone, explains

Gillian Flynn in Workforce magazine, May 2000. Also, juries have often been very generous with reasons

alleging discrimination , sometimes awarding large sums.

Recently, though, a brief was filed with the Court by the Society for Human Resource Management

requesting a certain level of evidence for a discrimination case to proceed. Now, in the near future, on a

federal level, the number of workplace discrimination claims could significantly drop. Hopefully, the result

will be fair to all.

Significantly, though, in spite of the fact that more evidence may be required in connection with these

considerations, wronged personnel should still pursue an organisation’s grievance process. They may need

to compile more thorough and detailed evidence if such changes occur; thus, documentation can be seen as

critical. Also documentation serves to present a clear picture in a jury case that the plaintiff has taken the

time to record important details concerning a case, such as the time and place of key events in evidence.

Promptness and Thoroughness in Investigation

While investigating and screening potential employees represents a useful safeguard, any harassment or

discrimination complaint should also be checked into quickly. Mark T. Kobata, writing in the magazine

Personnel Journal, February 1995, suggests several items which can assist employers in this effort. These

include posting notices mentioning anti- discrimination and harassment laws, immediate complaint

investigation and documentation, and prompt discipline of anyone found guilty. This must include members

New Developments Concerning Discrimination and Harassment in the Workplace
Quak, Sze Min; Kleiner, Brian H. The International Journal of and Social Policy; Bingley  Vol. 21, Iss. 8-10,  (2001): 83-91. …

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of supervision and management when appropriate. The central points are to have a written discrimination

and harassment policy, procedures for the communication of any complaints by employees, definitions of

forbidden behaviour, and identification of personnel authorised to receive and investigate complaints.

Lastly, every employer should approach each case with this consideration in mind: Would a jury likely find

that the company’s response to this complaint was reasonable? If the answer is no, perhaps a more

thorough company discrimination and sexual harassment policy in writing is warranted.

Reporting Harassment: A School Board Introduces an Anti-suit Policy

In Redlands, California, school employees must report all harassment they see. Under a new board policy,

Redlands Unified School District employee who spot a fellow worker or student being harassed or

discriminated against but fail to report it can be disciplined or fired according to an article in the Riverside

Press Enterprise of January 12, 2000, by writer Regina Apigo. She states the key reason given for the policy

is avoidance of liability problems stemming from lawsuits.

The new policy affects all employees: teachers, administrators, staff, even the janitors. The forbidden

behaviours include a range of problems, from racial slurs and unwholesome gestures or drawings to

unwelcome jokes, teasing or touching. Trustee Ron McPeck stated in the article that the new policy makes

sense. It helps teach children how to respond in a proper way to others. Further, it teaches them how best

to get along in society. Just as in the previous analysis from Colonial High School in Virginia, this newer

policy teaches everyone that no one has the right to intimidate someone deserves to respect. As McPeck

says, “I think if people are abusing other people, even verbally, it is not right” (Apigo B5).

Protection Tools for Employers: Discrimination

As newspaper reporter, Paul Tulenko, writes in the December 7, 1999 issue of the Cincinnati Post,

employers who lack clearly written harassment and discrimination policies are “looking for a lawsuit” (7B).

Computerised tutorial programmes can help, but always an attorney should review the final draft.

Once a complete handbook is designed, it should be distributed to all employees. They should be asked to

sign a paper saying they have received it.

Moreover, for employers, an additional protection lies in employee selection. References should be checked

carefully; brief reference comments should be a warning. Also, one who changes jobs often may be a risk,

although good reasons for doing so do exist. Then, too, asking for examples of peer interaction can help

identify the applicant best suited to one’s firm.

Finally, too, one need not ask applicants for permission to check public records about them. Private

investigators will perform such checks for a few hundred dollars, and this small investment can save

thousands.

In general, the lack of an effective written policy can impede use of a firm’s complaint channels, confusing

the issue of how grievances should proceed. Poor, incomplete employee selection can worsen the process,

creating the need for and possibility of more complaints if dishonest employees falsely raise

discrimination issues. False allegations of sexual harassment or discrimination tend to hold up proper

procedure and investigation of actual cases in which true victims exist.

Ten Tips to Fight Discrimination and Harassment

New Developments Concerning Discrimination and Harassment in the Workplace
Quak, Sze Min; Kleiner, Brian H. The International Journal of and Social Policy; Bingley  Vol. 21, Iss. 8-10,  (2001): 83-91. …

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4/20/2021 New Developments Concerning Discrimination and Harassment in the Workplace – Sociological Abstracts – ProQuest

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In April 2000, a young woman kindly offered an informative letter to columnist Ann Landers on the subject

of sexual discrimination . In the Salt Lake Tribune, on April 29, we read that a young college student was

raped during her freshman year by two football players. Having taken her case to the US Supreme Court, she

became the first woman to take a case of this type to the highest court. And, one woman who read about

the case offers ten tips, which can fight such occurrences, originating from the American Association of

Women Legal Advocacy fund. For those who suffer sex discrimination in college, several steps are

advisable:

1. Seek help. Talk to a guidance counsellor, women ‘s centre, or college dean, inquiring about college

grievance procedures.

2. Put the incident in writing. Include dates, time, and places.

3. Check on your rights. The Equal Employment Opportunity Commission hotline at 1-800-669-4000 can

really assist.

4. Do not discuss the case openly or publicly. One may become the victim of a defamation counter suit.

5. Seek legal advice from an attorney who is experienced in sexual discrimination in academic

environments.

6. Act quickly; there is a statute of limitations.

7. Speak with an attorney or accountant about the costs of a lawsuit.

8. Visit a dictor to get help with the physical and emotion trouble.

9. Prepare to be patient; court cases can become lengthy.

10. Find a support network. The Advocacy Fund can connect one with others who have so suffered. It can

also connect one with an attorney experienced in such cases. For information one can call 1-800-326-2289

(Salt Lake Tribune C5).

Certainly, victims must inform themselves. One should realise that one is not alone. Professional help is

available through physicians, lawyers, peer counsellors, the clergy, even caring, listening friends. The

physicians, emotional, legal aspects of sexual harassment can be handled promptly and expertly. The

trauma is major, but so are the possible avenues of help. One central key is to avoid delay. Waiting too long

increases the trauma and may cause the loss of a chance to pursue legal action. Worse, others who stand

ready to help cannot help as long as no report is presented. Coming forward sets the machinery of aid into

motion.

Discrimination and Harassment as Problems: An Overview

Few would argue that today, as never before, we live in a lawsuit-seeking society. How can employers

protect themselves from frequent litigation, and help protect their employees at the same time?

An effective tool is a current, frequently updated handbook detailing procedures for harassment and

discrimination allegations. This should spell out specific rules and procedures in proper order. Having an

anti-bias policy in place represents one of the best ways a firm can protect itself from suggestions that

New Developments Concerning Discrimination and Harassment in the Workplace
Quak, Sze Min; Kleiner, Brian H. The International Journal of and Social Policy; Bingley  Vol. 21, Iss. 8-10,  (2001): 83-91. …

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