Hostile Work Environment Issues

In 1980, the Equal Employment Opportunity Commission (EEOC) adopted guidelines covering discrimination based on sex which both defined sexual harassment and established the conditions that must exist for a claim of discrimination based on sexual harassment to prevail.á The guidelines define sexual harassment as follows: ôUnwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individualÆs employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individualÆs work performance or creating an intimidating, hostile, or offensive working environmentö (Equal Employment Opportunity Commissi

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errin. McFerrin is not denying Darrel the opportunity to worship because of the religion to which Darrel adheres. Rather, McFerrin is objecting to granting all of the time off requests made by Darrel because the time off requested amounts to 15 percent of the working hours for Darrel in a typical 40-hour work week. McFerrin operates a small company (less than 20 people work at the company) in a very competitive market. Team work is essential for the company to operate productively and competitively. Thus, accommodating DarrelÆs full request would be a substantial economic hardship for McFerrinÆs company. DarrelÆs request, thus, fails the United States Supreme CourtÆs de minimis test that is applicable to such situations (Bruff v. North Mississippi Health Services, 2001). The accommodations (time off without pay to worship when a full complement of workers is not required by the company) offered by McFerrin to Darrel appear to be all that McFerrin is required to do to accommodate DarrelÆs religious practices. Question 5 This question concerns the case of a woman who was discharged from her job because she refused to stop her efforts to convert her fellow employees during the course of the work day. The determination to be m
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Approximate Word count = 2629
Approximate Pages = 11 (250 words per page)