Workplace discrimination and harassment is one aspect that has been in existence for the longest time in society and has prompted various legislations to be made in order to protect the oppressed. Title VII of the Civil rights Act of 1964 was the primary basis set to protect any form of discrimination in such circumstances as stipulated by Elinfonet (2011). This analysis is going to embark on an employer known as Marwan who has been reported to the authorities by a fellow colleague who is opposite sex for inappropriate conduct and stopped from working. He has appealed the decision of sacking him in court on grounds of disability. We are therefore going to shed light on the possible crimes that Marwan committed, the studio five expected response towards response on professional and ethical grounds, the role that the law will play in this circumstance as well recommend the appropriate policies, procedures that the studio has to put in place and prevent such circumstances.
As amended today, Title VII of the civil rights Act squarely prohibits an employer who has control over workers to use his or her authority to sexually harass them. However, this circumstance is a bit tricky because Marwan himself, an individual with a minor physical challenge, is involved. He may present his case in court by claiming that he is being targeted because of his present condition. This in light with the act may not hold water because the seniority that Marwan holds in the company must have taken some time to be realized and thus indicates that the disability did not play a big role before in his success. If at all the case is going to succeed against Marwan, there must be prove beyond reasonable doubt that the action really happened and the reason for the firing is actually due to the disability.
The main question that one may ask is whether Marwan will actually succeed against his former employee on basis of termination on the basis of discrimination of disability. This circumstance is a fifty-fifty situation because he may win or lose. He may win because sexual harassment is very difficult to prove and unless there was a third party that was at the scene and be a witness it may be a case that cannot be continued. This act explicitly shows that in matters of discrimination and other social behaviors there must be prove beyond reasonable doubt (Gwen, 2005). Another aspect that may make the complainant win is the fact that his dismissal was immediate without further investigations. This is likely to be the basis of his argument the led him to conclude that the sole reason was because of his condition. However, he may lose because of the fact the title VII provides that the complainant must seek the direction of the EEOC or the Equal Employment Opportunity Commission first before filing for the case in court (Elinfonet, 2011). The fact that he may not be able to prove his claims beyond reasonable doubt may also be detrimental for his side.
Mr. Marwan committed a sexual harassment action on two aspects. The first one being that he inappropriately made bodily contact with an unwilling female individual by touching her breasts. But the most serious one is the fact that he used threats and conditioned of getting her fired if she does not go on a date with him. The second allegation is clearly captured in Title VII where it provides that unfair treatment of any employees must be severely punished as the EEOC (2011) suggests. This is because it is not only unprofessional but also unethical and has a likelihood of causing psychological trauma.
The employer of Mr. Marwan who is Studio Five Theme Park can take appropriate action towards him if the charges that are leveled against him by the female employee are proved. In case of first time charges, the companies may delete or withhold fringe benefits in terms of monetary value. In addition to that several allowances may be deducted from the general earnings that the employee is used to get per month.
Furthermore the employer, if wins, may make the employee meet the legal fees that was used in defense of the case. Although the title Vii of this act stipulates the damages that may be forwarded to the accused that range from approximately 50, 000 dollars to approximately 300, 000, the terms and conditions are likely to vary. Lastly the damages for the reputation of the company being compromised may be leveled to the employee .This are because of the circumstances that surround each case. The ultimate action that can be taken by the employer is the demotion or complete termination of the contract that was signed by the two parties. This is the action that most companies take in order to safeguard their names and reputation in the public.
But suppose the female employee sues the company for the damages that one of its employees caused her? This will be a tricky affair for both the employee and the company because on e of the senior actors in the company caused this. However, the company in its defense id likely to challenge that it did not approve the action and neither did it prove beyond reasonable doubt that the action actually took place or not. In addition to that the law stipulates that ‘before filing a claim to the court, the complainant must exhaust all the necessary remedies that are put in place by the employer as Findlaw (2010) clearly shows. The court will not accept on the first encounter, direct action against the employer because of such circumstances. In addition to that the EEOC is set up by the law to carry out primary investigation concerning such matters and are expected show direction for the female employee what is to be done in terms of the cases (Elinfonet, 2011).
Having said all that there are procedures policies and actions that each company has to have in place that ought to protect the individuals working for the companies to follow and the article on Findlaw(2010) testifies this. Such policies should include the policy of openness and transparency in such situations. These are important because most of these actions happen in the dark and must be able put to light in order for actions to be taken. However the policy should also have clauses that provide for confidentiality in such occurrences Gwen, (2005).
The employers must also have procedures that are to be followed in the action against this vice. There should be clear and easy to follow steps that each employee is able to follow when in need for redress for sexual harassment. For the case if Marwan, the female employee should be able to confide on a neutral senior manager who is in charge of such matter. To make the procedures and policies function appropriate actions must be taken in order to provide for justice and equity when such matters arise. These actions may include demotions transfer or complete sacking of the involved parties
In conclusion, it is clear that in a group of individuals inappropriate behaviors are inevitable this is more so concerning the sexual harassment and discrimination actions by employers and employees. In the case of Marwan, the action is unethical and unprofessional. Ultimately, this should be adequately proved and necessary action taken as set per the procedures policies and actions set by the Studio Five Park and the authorities.
