Please use real legal terms. Congratulations! You were just promoted to manager
ID: 432315 • Letter: P
Question
Please use real legal terms.
Congratulations! You were just promoted to manager of your office at Net South Communications, an international corp. with over 5000 employees worldwide. Within the first day on the job however, you realize your promotion might not be all it’s cracked up to be. On your first day as manager, Mickey comes in late and says “Sorry, I had to stay home and pray. My religion, the Church of Mystic Dreams, says I must pray every morning until nine o’clock so I have come in late every day” When you tell her she will needs to come to work on time, she screams “You can’t do that legally!” and stomps out. Next, Sally walks comes in and says “I’m sick and tired of watching Mark and Melinda make out (kiss and hug) in the copy room. I can’t do my job seeing those two lovebirds kissing and touching each other at every spare moment. I have told the last two managers and no one is done anything about this and frankly I can’t handle the sexual-harassment anymore.” You shake your head puzzled wondering why she would think this is sexual harassment when neither Mark nor Melinda has said anything sexual directly to Sally.
Have you violated any laws as a manager regarding Mickey’s religious discrimination complaint?
Does Carolyn have any potential legal claims against Mark and Melinda?? Why or why not?
Explanation / Answer
1. Title VII of the Civil Rights Act 1964 prohibits the employers from discrimination against individuals on religious grounds in hiring, firing or other terms and conditions of the employment. It also requires to reasonably accomodate the religious practices of an employee unless it causes an undue hardship upon the employer. The resonable accomodation includes making adjustments to work environment to allow the person to practice the religion. Mickey's demands of coming late on daily basis can't be termed as reasonable, as adjustments, substitutions and scheduling can not be made daily, hence no laws are violated in this case.
2. Carolyn's claim qualifies for sexual harassment because of hostile environment. This kind of harassment can be defined as the workplace environment that has effect of unreasonably interfering with a victim's work performance or creating an intimidating, hostile, or offensive working environment that affects the victim's psychological well-being. The public display of affection in a offensive way by a couple in presence of all office staff is enough to offend and distract the employees from work and affecting their psychological well being. However, Carolyn has no potential legal claims against Mark and Melinda, as the liability of hostile work environment lies with the employer, who is responsible for preventing and controlling such behavoir and taking corrective action.