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Sexual Harassment and Title VII: Selected Legal Issues
Get PDF[Excerpt] Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, has interpreted the statute to prohibit certain forms of harassment, including sexual harassment. Since first recognizing the viability of a Title VII harassment claim in a unanimous 1986 decision, the Court has also established legal standards for determining when offensive conduct amounts to a Title VII violation and when employers may be held liable for such actionable harassment, and created an affirmative defense available to employers under certain circumstances.
Given this judicially created paradigm for analyzing sexual harassment under Title VII, this report examines key Supreme Court precedent addressing Title VII sexual harassment claims, the statutory interpretation and rationales reflected in these decisions, and examples of lower federal court decisions applying this precedent. The report also discusses various types of harassment recognized by the Supreme Court such as “hostile work environment,” quid pro quo, constructive discharge, and same sex harassment and explores tensions, disagreements, or apparent inconsistencies among federal courts when analyzing these claims.
Finally, this report examines sexual harassment in the context of retaliation. Does Title VII’s anti retaliation provision protect an employee from being fired, for example, for reporting sexual harassment? How do federal courts approach the analysis of a Title VII claim alleging that an employer retaliated against an employee by subjecting him or her to harassment? The report discusses Supreme Court and federal appellate court precedent relevant to these questions
Byron-Bergen Central School District and Byron-Bergen Central School Non-Teaching Service Personnel Association, Service Employees International Union (SEIU), Local 200United (2018)
Get PDFAn Economic Analysis of Privacy Protection and Statistical Accuracy as Social Choices
Get PDFStatistical agencies face a dual mandate to publish accurate statistics while protecting respondent privacy. Increasing privacy protection requires decreased accuracy. Recognizing this as a resource allocation problem, we propose an economic solution: operate where the marginal cost of increasing privacy equals the marginal benefit. Our model of production, from computer science, assumes data are published using an efficient differentially private algorithm. Optimal choice weighs the demand for accurate statistics against the demand for privacy. Examples from U.S. statistical programs show how our framework can guide decision-making. Further progress requires a better understanding of willingness-to-pay for privacy and statistical accuracy
What are Some Effective and Innovative Approaches to Succession Planning?
Get PDF[Excerpt] As baby boomers are leaving the workforce and competition for top talent reaches an all time high, succession planning is increasingly important for companies if they want to maintain organizational resilience. However, 57% of organizations do not plan for succession. Of the organizations that do implement a succession plan, there are three top mistakes that are often made: they fail to formally implement a systematic and formalized succession plan, they fail to plan below the CEO role, or they fail to develop transition strategies for the future. These mistakes can prove to be costly to a company; if key leaders leave and there is a delay in replacement - or worse, no replacement - morale drops, productivity suffers, and turnover increases. Therefore, companies need to build a succession plan that addresses these potential mistakes before any damage can affect an organization
Exploring the Connections Between EU- and National-Level Social Dialogue
Get PDFThe study looks at the articulation and the complex multi-level links between European and national levels of social dialogue. It examines the factors that facilitate as well as those that hinder the successful engagement of national social partners and their ability to promote their own interests effectively. It highlights the need to overcome some gaps in coordination, resources and capacities, particularly in those countries with underdeveloped structures of bilateral social dialogue at sectoral level linking to European-level social dialogue. The findings show that what is needed is a longer-term perspective on the multi-level governance of employment within the EU, one that would foster institution-building within sectoral social dialogue. Based on case studies and interviews with trade unions and employer organisations, the study illustrates that well-functioning national social dialogue is a key driver of positive and effective cooperation between all levels
What are the Benefits and Challenges of Implementing a Flexible Work Program?
Get PDF[Excerpt] Flexible work, from compressed work weeks to job sharing to telecommuting to adjustable schedules, has bloomed over the past decade with changes in technology and life demands. 43% of U.S. workers work remotely at least some of the time and 62% of companies have pockets of flexibility in place. Globally, 20% of workers spend at least part of their job working from home. Flexible work arrangement adoption has increased in order to offer employees the ability to adjust their schedules to meet personal needs and to offer employers the ability to meet the needs of the organization. Oftentimes, flexible work options are no longer perceived as an additional benefit but an expected element of a job
U.S. Equal Employment Opportunity Commission vs. Discovering Hidden Hawaii Tours, Inc. et al.
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