Sample Business Essay Paper on Inappropriate Behavior

Inappropriate Behavior

Marwan, a performing arts employee at the Studio Five Theme park, has attained a position that in his own view seems irreplaceable. He portrays a boastful pirate in his acting and extends the unreasonable character to the physical life. Marwan’s conduct is considered below standard and negative. He makes unwanted sexual advances and offensive gestures towards the female clients as well as his female colleague. However, despite having no legal contract with the company, he has served the company for a notable duration granting him lawful command over his position. In essence, in his state, Marwan also has civil rights that directly apply to him in his workplace. The basis of this analysis is to establish a number of underlying issues concerning Marwan’s case as well as the laws, rules, regulations, and policies pertaining to the case.

What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker? Do those laws apply to his conduct toward the park guest?

The general laws around this case are listed under Title VII of the Civil Rights Act, 1964. This legislation protects the employees against discrimination at the workplace on the basis of status, color, beliefs, gender or origin (Cooper, 1991). The act applies to all employers whether national or even local. The civil rights and laws are applicable to the clients of the park. The work related commission, EEOC was established to present guidelines on implementation of these laws. Despite his conduct, the EEOC regulations stipulate the rights that govern every employee with reason. Marwan’s conduct can be translated as taking advantage and abuse of both his clients and the company’s loyalty and love for his service.

Analytically, it can be assumed that Marwan’s emulation of the swaggering boastful pirate has gotten deeper in his mind, and in turn he is trying to live the same life as he acts (Cooper, 1991). This disrespectful conduct has been exhibited among his clients at the park, mostly his female funs and colleague. He constantly passes obscene remarks and gestures at some of them and has since been branded by his co-workers as a differentiator towards women. Legally, his conduct is questionable as well as punishable under these civil rights laws – Title VII of the Civil Rights Act, 1964 (Cooper, 1991).

Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use

The Commission, EEOC defines sexual harassment as any act of uninvited sexual overtures, quests for sexual privileges, as well as spoken or physical sexual behaviors when submission to such conduct is made an implicit or explicit state of an individual’s work. Is it also when compliance or denial of such conduct affects employment opportunities or when such conduct interferes with an employee’s work or makes an restraining, uncongenial, or unfriendly work surrounding. Marwan in his conduct has created an unfavorable intimidating working environment for the female colleague. Under the Title VII of the federal Civil Rights Act of 1964, sexual harassment is termed as discrimination against individuals both within and outside of the workplace (Cooper, 1991).

In this respect, Marwan has committed sexual harassment of the female employees in two ways; first, he made inappropriate body contact with the female colleague by grabbing her breasts. This type of sexual harassment is called Quid Pro Quo molestation under the law and second he threatened that he would have her fired for failing to date him. Both these encounters are defined under the civil rights law, Title VII of the Civil Rights Act, 1964 as sexual molestation. The behavior is not just dishonorable but immoral in its whole sense (Cooper, 1991).

What is the legal nature of Marwan’s employment?

Legally, Marwan is not employed by Studio Five Company. He has no employment contract with the organization while the law only recognizes employees to be those with employment contracts. The law can offer protection under labor law only if the employment contract is put in place. This is applicable even for those circumstances where there is no written employment contract between the employer and employee. There can also be oral employment contracts as well. These work contracts are the basis of the bond between employers and employees. It is as of these agreements that employer employee relationships are created. All the labor laws will only be applicable if there is an employer employee relationship i.e. there is an oral or written employment contract (Morris, Willey, & Sachdev, 2002).

As per the Act, the meaning of the employee is a person who is attached to an organization and is remunerated for his or her service for the employer. Exceptions to these definitions are those persons who have been voted into office of the federal, state and local offices. The exemptions however do not encompass individuals who are the advocates of the civil laws of the service agreements of the State, federal, any government authority or any political division. However, geographically, this term only covers Citizens of the United States of America (Weil, 2003).

Though Marwan has no legal employment contract with the Studio Five but he can be said as the employee of the company since he has had an attachment at the company for an extensive time frame, offering his services to the company and even perceived as a senior employee by the company. Through his career, Marwan earned some good reputation from the clients of the park and the employer as well which he has stumped on. Legal steps are therefore applicable to him just like every other employee within the same company.

What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them.

It is the sole responsibility of companies to regulate conduct of their respective employees but not be liable to their behaviors at the workplace. To a certain extent, the employer has the right of taking disciplinary actions against an employee in line with the organizational policies. However, the employer could also be held liable in case of retaliation against an employee who complains of sexual harassment or discrimination. According to the EEOC published guidelines, retaliation refers to the adverse actions of the employer against this kind of employee including firing or giving the employee a bad job reference. For a reported case of sexual harassment, the employer may not be held legally responsible if no actions were taken over a reported case (Lisa, 2000).

The employer has no right to favor anyone due to these factors while selecting or promoting. Also the employer cannot assign any task to the employee on the basis of these factors, to determine the remuneration of its workers on the foundation of these factors. He has no authority terminate the services of any employee because of their race, gender and the related discriminatory aspects. Also the employer is not supposed to show favoritism for paying prerogatives, plan of segregation, and leave on account of disability. The most important consideration in this law is that employer cannot harass the employee on the basis of any of these factors i.e. caste, color, creed, gender and origin. It is unlawful to frontier, isolate or categorize employees or the prospective candidates in any manner that can hamper their employment opportunities (Lisa, 2000). Therefore, the employer ought to have conducted a prompt, thorough investigation over the female employee’s allegation. In case the employer ascertains that the harassment occurred, preventive measures such as legal lawsuits should be taken against the employee, in this case Marwan. The record ought to also be stored in his data file for future reference in case of some other report.

The most appropriate disciplinary measure that the employer could take against Marwan could be to deduct certain prerogatives available to him. Besides, there are chances that the employer may withhold allowances from the remuneration of the employee. The employer can also sue the employee for paying damages caused to him and his company and the pay the legal fees involved. On the other hand, whether to fire Marwan or not was entirely a decision of the employer; it is legally upright for an employer to fire an employee if gross misconduct occurs contrary to the stipulated organizational rules and regulations (Storey, 1980). These actions are highly recommendable to serve as measure to prevent future recurrence of harassment in the workplace.

Discuss Marwan’s allegation that he is being discriminated against based on his disability and what response Studio Five may have to that allegation. What would each of them have to prove in court?

In this case, Marwan is unjustly accusing the employer over discrimination due to his inability. Apart from Marwan’s conduct, he has been regarded a senior employee at the park, a position that he gained through his long service to the company. Marwan should therefore hide behind the physical disability clause of the employment laws to justify his conduct. The only reasonable but not substantial claim that Marwan could use against his employer is the fact that Marwan has served in the company for a long period without a legal employment agreement. It is not clear if the female employee was contracted officially but if so then Marwan’s claims of discrimination could have some impact. On the other hand, Marwan’s termination from work was effected quite hurriedly without allowing him time for defense or clear investigations conducted. This must have led to his perception of favoritism towards the new female employee.

The Act plainly stipulates that it is an inevitable requirement that cases of such intensity be proven in the Lawcourt despite any uncertainties over it (Cooper, 2010). In defense against Marwan’s allegation, photos of his misbehavior with the female clients at the park could be retrieved and used as evidence. Marwan’s misconduct could be established even from reports from other employees as well.

If the female employee sues Studio Five Theme Park, what defenses can Studio Five use?  Are they liable for Marwan’s conduct even if they were unaware of and did not approve of Marwan’s actions? Explain your answers and the terms you use.

Employers are well aware of the fact that many times they could be face suits for the conducts of their employees. In a growing numbers of cases, however, employers are being confronted with suits against their employees over issues of employment conducts. Such expenses can obviously mount into extraordinary figures hence employers usually find several means of evading these suits at all expenses (Storey, 1980).

In relation to the coworkers’ conducts at the workplace, it is the sole responsibility of the employers to look into these discriminatory misconducts. The employer could only provide guidance or act in accordance depending on the prior reports or claims in their records over the harassment issue. No corrective actions could be employed immediately unless employers had been notified prior to the actual event. In this respect, the employer had no prior records of Marwan’s misconduct. No investigations had been conducted to ascertain that Marwan had violated any codes of ethics within the work place. Marwan’s conduct against female clients at the park could be translated as an extended role-play and display of his creative performance of the boastful pirate despite his state of the prosthetic leg (Lisa, 2000).

On the other hand, Marwan had been a long serving employee of the company and had not reported any harassment against any other employee apart from the new one. By the company taking action of firing Marwan, was not in any way an indication of favoritism but a disciplinary action to prevent further occurrence since they had noticed Marwan’s gruesome conduct in the past. In essence, this female employee hardly had any reasons to sue Studio Five. Put differently, the company was not liable for Marwan’s actions whatsoever.

If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers?

In case of Unions involvement, the direction of the case would have changed tremendously. Unions have a notable responsibility of enforcing workplace laws and regulations by ascertaining that all employees of the partner companies receive equal treatment and that they are secured and accorded their legally entitled benefits. Unions establish a significant and quantifiable disparity in the procedures of execution of business laws. The Legislated labor securities are sometimes regarded as  options to collective negotiation in several work stations; however, it is apparent that a bottom-up strategy of passing laws on protection may be more authoritative with an efficient voice and intercessor, the Unions (Weil, 2003).

Collective bargaining is a process in which there are formal negotiations between the employers and the selected representatives, which were selected among the workers. In instituting the Collective bargains, Unions and the company executive boards indulge in various round table consultative meetings to develop clear guidelines over remunerations of employees, benefits among other protective measures (Silva, 1996). In collective bargaining, binding contracts are involved in a mutual consensus as stipulated in The Subjective Labor Acts of 1935. This grants the entire corporation players rights to collective decisions (Silva, 1996). The Union in this case would have established defense for Marwan, which would eventually lead into further tussle over the discrimination issue at the work place. Having no proof or record of events, the female worker would have felt discriminated due to her gender and would have filed further lawsuits against the company. Also, the company would be compelled to retain Marwan, thus, retain possibilities of further harassments at the workplace. On the other hand, more stern actions would have been taken against Marwan in case of establishing evidence on the harassment case.

What types of company policies, procedures, and actions should businesses employ to avoid harassment of their employees?

Employers have the responsibility of making the workplaces free of any kind of sexual harassment or other forms of favoritism. It is a great legal obligation for the companies or employers. Sexual harassments or any other forms of discrimination are sources of poor performance at work, leading to low productivity. Several policies have been established in line with this employment issue (Morris, Willey, & Sachdev, 2002). The policies are put in place to prohibit the rampant occurrence of the discriminatory events, most pronounced being sexual harassment at the workplace. The strategic prohibiting policies, such as the sexual harassment policy are covered clearly under employment laws and thus should be implemented strictly. Other measures that the companies should take into consideration to prevent occurrence of these workplace vices include;

  • Companies should enlighten their employees on its policies, rules and regulations and the repercussions they come with. These rules and regulations should be placed in positions that even new employees can easily access to avoid claims of unawareness in regard to the establishments.
  • They should employ an information system that would enable them gather employees’ information of harassment and discrimination
  • Companies should keep a recording system that captures copies of all employees’ reports such as attendance, evaluations, incidences and accidents.
  • In the recording system, they should have a diary in which all the sexual harassment and other misconducts are recorded in written form.
  • If attempts to solve the matters internally become futile, the company should seek legal intervention through filing formal complaints with a Civil rights Commission or the EEOC.
  • Companies should conduct trainings for the employees to educate them on the regulations and employment laws and the appropriate measures to take in case of any occurrence. Formal communications should be encouraged in case of such incidences to promote a stronger ground for argument.
  • They should train managers and supervisors on interpersonal relationships and communication skills to enhance their productivity in the company. Good communication is a model for developing lasting dignified relationships among staff members in a work environment.
  • The company should establish policies that regulate the mode of dressing recommended for the employees to avoid offensive or provocative kind of dressing, or rather the company should embrace the culture of having uniforms. This would avoid unreasonable sexual advance for all its employees.
  • Employers should be keen to always monitor the exercise strict supervision and continuous assessment on every employee who is deemed fit for promotion to supervisory positions. This would help reduce the possibilities of promoting individuals with questionable character as that of Marwan. These promotions should target employees of both sexes in order to embrace varied leadership approaches in the company.

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Cooper, S. (1991). Sexual Harassment: Men and Women in Workplace Power Struggles. Washington, DC: Congressional Quarterly, Inc.

Dan, A. (2004). Sex Discrimination by the Numbers, Forbes Magazine, 11, 7 – 8.

Lisa, M. (2000). Employer Liability for Employee Conduct: When Does An Employer Have to Pay? The Journal of Law and Economics 3 (4), 574 – 578.

Morris, H., Willey, B. & Sachdev, S. (2002). Managing in a Business Context: HR Approach. London: Prentice Hall

Silva , S. (1996). Collective bargaining negotiations. Journal of the International Labor Organization Act/Emp Publications. 1, 2 – 4.

Storey, J. (1980). The Challenge to Management Control. London: Business Books

Weil, D. (2003). Individual Rights and Collective Agents: The Role of Old and New Workplace Institutions in the Regulation of Labor Markets.