Inappropriate Behavior

Civil Rights Laws Prohibitting Marwan’s Conduct

According to Title VII of the civil rights Act, Marwan is prohibited from displaying a negative conduct towards other employee. This is to mean that the worker should create a workplace environment that will ensure effective conduction of their necessary duties. It is required that the employee does not create an environment that is hostile against other workers. In this case, trying to flirt with female workers will usually be identified as a hostile environment that does not allow them to conduct themselves freely. The worker will usually feel as that the advances of Marwan are offensive, distressful or humiliating. Therefore, it is in order that the fellow co-worker reports the matter to the management or executives of the organization. The law will require employees to treat each other with respect and not symbols of sexual nature.

The law also extends to the conduct Marwan displays towards the guests visiting the park. It is a policy that the workers within the organization do not present inappropriate behavior towards the clients who are receiving their services. The law may be supported by the code of conduct that the organization hiring the employee creates. The organization’s values will highly be considered in the creation of these codes of conduct. Hereby, the worker is a representation of the values upheld by the organization thus it is necessary that acceptable behavior be portrayed towards the clients. It is believed that employee behavior towards the clients will determine the organizations ability to retain them. 

Did Marwan Commit Sexual Harassment?

Marwan is seen to have committed sexual harassment both against the fellow co-worker and against the guests at the park. Sexual harassment is usually identified as seeking sexual advances or making requests for sexual favors. According to the law, sexual harassment will constitute of many other activities by an individual which may include verbal harassment. The verbal harassment could be cases of epithets, slurs, jokes or comments that are derogatory. This may be identified as the cases that may make a worker feel as though he or she is offensive and abusive. The harassment may also indicate a case where the worker receives sexual advances that are unwanted. Hereby, mutual consent is identified as a necessary instance where sexual advances will be considered as non offensive or appropriate. This may be identified by instances where one seeks sexual favors from a member of the opposite or same sex.

According to the case study, Marwan is seen to present sexual harassment. This may be presented in two different ways either quid pro quo harassment or harassment that builds a hostile environment for the other worker. Quid pro quo presents a case where the victim is required to provide sexual favors in return to ensure that his or her employment at the organization remains intact. Additionally, the victim would gain positive treatment at the workplace for sexual favors delivered. On the other hand, hostile or offensive sexual harassment will indicate cases where the victim receives sexual advances from the perpetrator. This kind of sexual harassment is noted to be more difficult to identify and near impossible to notice. Therefore, the victim feels humiliated and offended and cannot perform her duties. The case study presents Marwan’s co-worker receiving hostile sexual harassment as he touches her breast and she is offended by his actions.

Legal Nature of Marwan’s Employment

Marwan’s employment is not through contract as may be presented in other types of employment. A contract refers to a voluntary agreement between the employer and the employee and through which the law ensures it is a legally binding agreement. A contract will usually indicate the terms of the employment including the salary or wages of the employee that he or she will receive. The contract also identifies the required activities that the individual will have to carry out within the organization. These also include the working hours that the employee should work in order to receive payment from the employer. The employment contract will identify the relationship between the employer and that of the employee. The employee offers his or her services and skills in exchange for the economic appreciation from the employer.

It is important to note that Marwan’s employment does not include any contract. Therefore, in the case of any dispute a court of law will make a decision based on the “statement” an employee has received from the employer as a confirmation of their employment. The statements of the employment may include a letter of employment that is sent out to employee offering their job. These will often include the terms that are included if the latter accepts the job offer. Another statement will also include the terms that have been agreed upon between a employer and a Trade Union that the employee identifies with. Other statements include the identified terms that are indicated in an advertisement. This may be so if the worker applied for the job through and advertisement. The terms in the staff handbook or spoken agreement will also be used in settling the dispute. These will indicates the rules and regulations that staff members are required to portray while working for the organization.

Actions and Steps Studio Five Should Take Against Marwan

It is important that Studio Five provide Marwan with clear notification of the reasons underlying their action to terminate his employment. Marwan is seen to file a lawsuit against the organization as he may not be aware that it is through his inappropriate behavior that has brought about his termination. This may be a significant means of compelling the worker to reverse his accusations against the organization (Harper, 2012). It is also important to the organization that evidence is brought to Marwan on the reasons for the termination. Hereby, Studio Five will present the record of complaints that may have been made against the worker. This will be proof that the worker has had poor performance or poor attitude towards their tasks at the workplace. The example of the co-worker will be an effective means of indicating that the organization through its actions sought to eliminate hostile or offensive workplace environment.

It is important that the organization presents the employee handbook of the rules that declare the ways in which an employee should behave in the workplace. Through the rule book, the organization will be able to present to the court or a litigation committee on the legality of their termination of the worker. The evidence of misconduct within the workplace that is also presented against the worker will further strengthen the case against wrongful termination. Studio Five will also be highly recommended to refrain from taking further action against the worker who has presented the suit (Farrell, 2008). In this case, further action taken against the dismissed employee will be identified as negative through the public. This is where the employee may present his case through the media as a means of trying to fight the “mighty” corporation. The organization should seek to make negotiations with the employee outside the court and in private before things are blown out of proportion.

Marwan’s allegation and Response of Studio Five

Marwan’s allegation may indicate that he has been terminated from the organization due to his disability. The dismissed employee has a prosthetic leg. His disability is not noticeable to many who are not well aware of the individual. Through Americans with Disabilities Act, the employer should not discriminate against the employee based on their disabilities. The employer is required to portray equal treatment of all employees regardless of their physical capabilities or lack thereof. The organization may respond to the allegations by indicating that the former employee was indeed a successful character actor in the organization as he played the role of a swash-buckling pirate. Through identifying this the employer indicates that the physical disability of the employee was not an issue that the organization would discriminate against. 

Once the allegations have been presented it is important that each party presents their case based on the allegations. Marwan may be required to present numerous cases where the direct supervisor or manager has shown derogatory comments and slurs against him as a result of the disability. The worker may present cases when he has made complaints to the management because of these discrimination complaints. The organization on the other hand will seek to prove that the organization has no significant discrimination against members with disability. This is where the employer may present the lack of records of complaints from the worker on the same. The employer may provide witnesses that indicate that the worker was not discriminated against in terms of the allegations that have been made. The employer will present the wages that have been offered to its numerous character actors as a means of showcasing that there was no discrimination from the dismissed employee from the others.

Liability of Studio Five Theme Park for Marwan’s Actions

The Studio Five Theme Park may respond to the particular employee indicating that they have taken reasonable care to prevent or correct the inappropriate behavior from occurring at the workplace. In this case, the employer will indicate firing the perpetrator of the action as an immediate action for the misconduct (California Restaurant Association, 2013). This is a clear presentation of the employer’s need to indicate that the actions of the terminated worker are in no way admissible at the Studio Five workplace. The organization will also indicate other steps of ensuring that the incidence will no longer take place at the workplace. In this case, the employer will have a written policy that is circulated to all staff members at the theme park. The policy prohibits all forms of discrimination that may take place at the workplace and the consequences against such a worker who is identified as a perpetrator.

The Studio Five Theme Park are identified to be liable for Marwan’s conduct towards his fellow co-worker. This is despite the fact that organization does not approve of the actions of the employee. This is presented where the employee acts within the scope of his employment. According to the case, Marwan had threatened his female co-worker that she would be dismissed from her job if she did not acquiesce to the sexual favors that he wanted (California Restaurant Association, 2013). This clearly shows that in some way Marwan through his relationship with the firm had the power to terminate her employment if she did not comply with his requests. The employer may also be liable for Marwans’s conduct as they should have known that he usually portrays this type of inappropriate behavior. The case clearly indicates that Marwan had conducted himself in the same way when interacting with the female visitors of the park but would not report the matter.

Collective Bargaining Agreement

A collective bargaining agreement is a process whereby the organization and a trade union representing the workers negotiate the terms and conditions of the employment. The collective agreement will usually indicate the duties of the employee towards the employer and the reverse of the same. The agreement also indicates the wage complaints of the employee and the agreed upon standards with the organization. Usually, this is discussed as a means of establishing equality between the employee especially in cases of lacking skills or disability. Therefore, if Marwan was a member of a union with a bargaining union, the above answers would not have changed. However, this may have changed the answer regarding the term of employment between Studio Five Theme Park and Marwan. The agreement would have served as the employment contract that the organization would have agreed upon.

Company Policies, Procedures & Actions to Avoid Harassment of Employees

The company should create policies that identify ways in which it deals with cases of harassment at the workplace. The firm written policy will be created that firmly and forcefully prohibits any form of harassment within the organization. The organization will also indicate the numerous procedures that the workers can make complaints against others who may have conducted themselves in this inappropriate manner. The procedure for making complaints should include a secluded department where the employees may make their complaint. This may include more than one individual of the company. This is usually presented as the Human Resource department in most companies. The organization will also include in the policy details of how harassment complaints will be handled and dealt with. 

The organization will also make a binding assurance to the employees that any report of harassment will not be received by retaliation against the worker. This is usually in the case where the employee may make a complaint against a supervisor or an executive of the organization. Employees may fear that making the complaint will lead to their immediate termination of record of their poor performance of the job. The company is required to make an assurance to the workers that complaints that are made will be kept confidential and away from the perpetrators. This will ensure that workers who may fear for their safety are guarded from their perpetrators. The organization will also encourage employees to report cases of harassment either as firsthand victims or as witnessed to such incidences. This may be done through sexual harassment training where workers are taught to identify ways that sexual harassment occurs at the workplace (California Restaurant Association, 2013). Many people do not know of the different ways in which sexual harassment occurs. The organization will also ensure that employs understand that immediate action will be taken to ensure that inappropriate behavior is discouraged from the organization.

References

California Restaurant Association (2013) An Employer’s Guide to Dealing with Sexual Harassment . Calrest.org, Online. Retrieved from http://www.calrest.org/an-employers-guide-to-dealing-with-sexual-harassment.html  

Farrell, J. (2008) 7 Employer Actions that Can Increase Likelihood of a Lawsuit. HR.BLR.com, Online. Retrieved from http://hr.blr.com/HR-news/Performance-Termination/Workplace-Complaints-and-Investigations/7-Employer-Actions-that-Can-Increase-Likelihood-of/#  

Harper, J. (2012) What to Expect If You Sue Your Employer . Huffington Post, Online. Retrieved from http://www.huffingtonpost.com/janice-harper/what-to-expect-when-you-s_b_1194955.html