Sexual Discrimination Cases- It Can Happen to You
By: Howard Giske | Posted: 26th July 2006
As a business owner you need to be careful about sexual and racial discrimination cases; it can happen to you. The Civil Rights Act applies to all businesses, and even for small businesses should be kept in mind.
What are the laws in these cases? The Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, religion, etc. The Civil Rights Act of 1991 provides monetary damages in the case of intentional discrimination. The Americans with Disabilities Act of 1992 protects the rights of handicapped employees. For more legal information for small businesses…
In addition to stopping discrimination in employment, the law seeks to stop harassment of employees on the job. Avoiding sexual harassment on the job is particularly important, since many law suits are filed on this issue. You can avoid going to court either as a plaintiff or a defendant. Even if you are right and see the situation as clear-cut, you can still lose your case. Consult an attorney whenever you have questions about employment policies. Spending a few bucks for a half of hour advice is worth saving the major expense of a court case. In many legal situations, an early response may avert a legal suit.
If an employee complains about sexually hostile behavior in your workplace, promptly take action to eliminate the behavior. Avoid men's calendars in restrooms, and other reinforcement of sexist attitudes. Talk to the alleged victim of sexist behavior to try to resolve the issue before it goes too far. Even if the case does end up in court, your attempts to correct or alleviate the problem will count in your favor. For example, a (usually male) supervisor who repeatedly demands that a (usually) female employee go on a "date" with him can be considered to be demanding a quid pro quo of sexual favors, in order for her to obtain promotions or advancement. That's definitely illegal. Other cases may involve harassment on the basis of women being considered inferior on the job, not sexual harassment per se.
Recently, even the U.S. Supreme Court has gotten into the act. In a 9-0 decision in favor of an employee, anti-discrimination laws were affirmed in a decision on June 22nd, 2006. In the case of Burlington Northern vs. White, it was decided that workers can bring suit against their employer for retaliation, even if it did not involve firing or demoting of the worker. Plaintiff Sheila White can continue her lawsuit for a series of sexist harassment against her, involving her work at the Burlington Northern Railroad, in Memphis Tenn. (See NY Times, June 23, 2006).
Ms. White was hired as a track laborer, but was reassigned to operate a forklift. Her supervisor insulted her and when White complained, he was suspended for 10 days. Sounds like they did the right thing, but… Nevertheless, Ms. White was returned to only track labor. She filed a complaint with the Equal Employment Opportunity Commission, but was put under surveillance and suspended without pay. Her pay was reinstated after the decision was reversed after Christmas, but she suffered greatly because of the former decision. Even though the harasser of Ms. White was disciplined, she was not protected from further discrimination. This is a lesson for business owners to take note of, if they want to avoid legal suits.
Howard Giske is a legal consultant for Inc. Paradise, where you can get
Incorporation services, or contact me at howardgis1@verizon.net
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Occupation: Legal Consultant
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Tags: law suits, monetary damages, americans with disabilities act, americans with disabilities, civil rights act of 1964, civil rights act, discrimination in employment, employment discrimination