This paper presents an overview of the associated legal issues pertaining to emergency management in sexual harassment, pregnancy discrimination and religious accommodation. It explains the concept workplace management with regards to the issues and explores the laws applicable to the issues at hand. It also examines the employer’s responsibilities regarding employees as well as responsibilities of workers based on their work and the employer.
Sexual Harassment
Sexual harassment can be defined as those advances or seeking for sexual favors as well as other physical or verbal behavior of sexual nature which incorporates sexual harassment. For instance, they constitute unwelcome behavior which unreasonably interferes with the person’s duty performance and creates a hostile, abusive and intimidating environment. In addition, It constitutes a work decision impacting that person which is made due to the person rejecting or submitting the unaccepted behavior.
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The State’s responsibility is to receive allegations regarding sexual harassment. If it believes sexual harassment occurred, it will initiate steps to make sure the incident is immediately investigated and appropriate measures taken. If there is credibility in the allegations, the state law ensures immediate address of sexual harassment. State laws are committed towards taking actions in the event they learn of the allegation although the person may not want to file a complaint formally (Walsh, 2015).
Moreover, a worker who knows that they are the target of sexual harassment are encouraged to alert the offender either in writing or orally that the conduct is offensive and unwelcomed, thus they must stop. Further, if the worker does not wish directly communicate with the offender, and the communication too is believed to be ineffective, there are other several means to report the matter regarding sexual harassment. Therefore, workers are advised to report the allegations immediately to the responsible offices.
In addition to making reports on sexual harassment issues to the responsible body, workers who believe they have been exposed to sexual harassment may decide to pursue the solution in the following ways (Barak, 2013).
Mediation: This is the informal mechanism to establishing official matters by employing a trained mediator to facilitate the process of communication between the disputing parties. If a worker decides to resolve the matter through mediation, the responsible management is necessitated to provide a representative to the table. In case the resolution is not achieved, the parties can proceed to pursue their rights in other appropriate platforms. Employees may seek assistance from the mediator.
Grievances: Employees not covered by a negotiated procedure on grievance may face challenges on equal employment opportunities. Workers who are covered by the negotiated procedure of grievance of grievance can file an issue to report sexual harassment if allowed by the governing agreement on collective agreement. Foreign Service members can file matters on equal employment opportunities but, in accordance to 3 FAM 4428. They have to decide to file a matter or an equal employment opportunity complaint. In the event a Foreign Service decides to file a matter, grievance staff will examine the allegations as well as recommend a solution to the body responsible for deciding the agency resolution on the matter.
EEO processes: All workers in the U.S. and the citizens working overseas can file a matter on equal employment opportunity with the relevant department.
Procedures for Foreign Service Citizens: Matters raised by the procedures for Foreign Service citizens are tackled at post, in relation to procedures of complaints processing existing on the website of the government’s office of the civil rights. Procedures for Foreign Service citizens accompanied with questions on post procedures must communicate to the post’s senior management officer or the responsible equal employment opportunity counselor. Procedures for Foreign Service citizens can as well communicate with office of civil rights (Player, 2013).
Pregnancy Discrimination
In managing pregnancy discrimination, the State laws protect the rights to work throughout pregnancy period. It forbids discrimination regarding pregnancy by employers and stipulates that women affected by pregnancy and childbirth or associated medical circumstances must be treated in similar way as other employees or applicants with the same limitations and abilities.
Therefore, according to the law, it is unacceptable for the employer to deny an individual a job position based on pregnancy associated circumstances as long as the person can perform their job duties and deliver. Further, an employee cannot be demoted, fired and denied any promotions because they are likely to become pregnant. An employer is prohibited from singling out any conditions related to pregnancy for exceptional mechanisms to determine a person’s ability to perform any work but is entitled to employ any procedure applicable to screening workers ability to perform a task (Walsh, 2015). An employer is prohibited from forcing an employee to stop working and to take pregnancy leave during the time of pregnancy if an employee is still willing as well as feels they can work and deliver on job. If the employee is temporarily unable to do the tasks related to the job as a result of the pregnancy-linked conditions, the employer has an obligation to treat them in similar way as other temporarily disabled workers. They can provide employees with modified duties, alternative assignments, leave without pay and disability leave. An employer must provide the same level of benefits, rights, and privileges of reinstatement provided to other employees who are disabled temporarily. In the event the employer’s plan on health incorporates coverage on spouses, then the employer is prohibited from denying the victim of pregnancy that pregnancy coverage. Also, the pregnancy associated benefits is not limited to only marry workers and the employer-offered insurance has to cover pregnancy-linked circumstances on similar basis such as costs related to other circumstances (Walsh, 2015).
Religious Accommodation
Religious accommodation is the act of treating persons similarly in their employment without considering their religious beliefs, practices or their religion. It also involves accepting a person’s request for accommodation that involves policy and rule changes in workplace of their practices and beliefs on their religion. The law provides protection to individuals who belong to religions of traditional organized groups and people who sincerely hold religious, moral and ethical beliefs. Therefore, employers are not entitled to treat workers in a more or less favorable manner based on religion. Moreover, workers cannot be forced to take part in, or desist from getting involved in their respective religious activities as conditions for getting a job. On a wider scope, employers must initiate procedures to refrain from discrimination against religion for other employees (Dhooge, 2016).
Conclusion
All employees including senior officials, staff and supervisors are required to adhere to the laws and to refrain from such sexual harassment, pregnancy discrimination while upholding religious accommodation for all persons at the workplace. Employees are as well required to conduct themselves professionally and to apply good judgment duty-related relationships, with their colleagues, business associates or public members with whom they associate with in their course of official responsibilities. Moreover, all workers are advised to take effective measures to avoid sexual harassment, pregnancy discrimination and uphold religious accommodation in their workplace. Unwarranted behaviors based on sexual harassment, pregnancy and religious discrimination should be prohibited before it becomes serious and pervasive as well as rises to abuse of the law.
References
Barak, M. E. M. (2013). Managing diversity: Toward a globally inclusive workplace . Sage Publications.
Dhooge, L. J. (2016). Public Accommodation Statutes, Sexual Orientation and Religious Liberty: Free Access or Free Exercise. U. Fla. JL & Pub. Pol'y , 27 , 1.
Player, M. (2013). Federal Law of Employment Discrimination in a Nutshell, 7th . West Academic.
Walsh, D. J. (2015). Employment law for human resource practice . Nelson Education.
