Sexual harassment- workplace violence

Awesome the paper is a case analysis of : Ellison v. Brady, 924 F2d 872 (9th circuit, 1991) -Sexual harassment- workplace violence

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1. Introduction: Include a summary of the history of the legal action, including information regarding the company, the lawsuit and the HR policies/or actions which contributed to the legal action.

2. Literature Review: Review literature regarding current HR theories on diversity in the workplace and the strategies utilized to address this diversity. Employ parallel cases to help analyze both sides of the argument.

3. Analysis: Review the decision and its place in the development of human resource policy. Do you affirm or disagree with the decision? What do you believe will be the larger impact on employee rights and employer practices?

4. Synthesis: Identify and suggest strategies to move the company not only to compliance, but to recognizing the value of diversity in the workplace

5. Conclusion: Present a summary of information and recommended solutions, with consideration given to implementation of strategy and implications for company stakeholders.

 

Expert Answer

Sexual Harassment and Workplace Violence

 

Introduction:

Case Analysis: Ellison v. Brady, 924 F2d 872 (9th circuit, 1991) 

Plaintiff Kerry Ellison appealed the decision made by the Federal District Court because of its inability to address her situation with a coworker, Sterling Gray. While both were employees at the Internal Revenue Service (IRS), Gray subjected Ellison to a hostile environment where he pressured Ellison to become his companion. Despite the threatening messages that Ellison received from Gray, the IRS failed to protect the interests of Ellison and her pleas to be transferred away from Gray. In this regard, the U.S. Court of Appeals for the Ninth Circuit explored numerous cases where female workers had been exposed to sexual harassment in the workplace. By highlighting the inability of the company management to act in such cases, the Court of Appeal played a significant role by reversing the decision made by the Federal District Court. From this observation, it is evident that organizations should protect the interests of employees by creating an enabling environment where individuals can realize their objectives in the corporate world. Notably, the IRS attempted to uphold Ellison’s demand by transferring her on several instances but failed when they reinstated Brady to the same working station. Even though the supervisors had managed to discourage Brady from harassing Ellison, the decision by the court to rule in favor of the government demonstrates missing links that encourage sexual harassment in the workplace. In the modern work environment, Human Resource (HR) managers should expose employees to a safe and even environment where individuals are recognized by their abilities to accomplish various objectives. For this reason, organizations should establish an enabling environment that encourages individuals to pursue excellence, achieve their career objectives, and align their interests with those of the employer.

Literature Review

Workplace diversity affects the approaches used by company managers to interact with employees in the workplace. In this case, many corporations have developed various techniques that can be used to enhance the outcomes of events in the work environment. Importantly, diversity in the workplace has a significant impact on the way supervisors engage employees, as it places a higher responsibility on the HR functions such as record-keeping, training, and recruitment of individuals in the work environment. From this realization, it is evident that workplace diversity increases the responsibilities undertaken by the HR department and holds them accountable for the outcomes of events in the organization. Notably, employees should be exposed to a safe environment when taking different roles in the workplace to realize their potential and accomplish the objectives of the organization in the market. Cleveland, Byrne, and Cavanagh (2015) argue that company managers should protect the interests of employees by treating them with dignity through the enhancement of HRM functions. From this realization, it is evident that organizations have a role that bounds them to uphold the interests of individuals in the workplace. By exposing them to favorable working conditions and treating workers with dignity, companies will realize their vision in the business environment.

Sexual harassment in the workplace has become a topical issue in the modern environment because of its impact on the perspectives of individuals towards work. In many instances, the allegations affect the brand image in the business environment, a move that interferes with a company’s operational performance. When Uber was accused of sexual discrimination, many individuals threatened to boycott the company product and services because of its inability to respect individual rights (Griffith, van Esch, & Trittenbach, 2018). While organizations in the medieval environment would evade the consequences associated with sexual discrimination and work-related violence, it is impossible for modern companies to cover up their actions and involvement in similar scandals. In this regard, concerns have emerged over the approaches used by organizations to accomplish their objectives in the business environment. By exposing individuals to certain standards of operation, it is possible to note the shift in the application of HR theories to embrace diversity in the workplace. While women and migrant workers still encounter structural challenges in the workplace, there is a need to highlight the improvements that have taken place in modern organizations due to the changing perspectives of individuals towards life.

Sexual harassment is the greatest undoing to an organization because of its impact on a company’s operational performance. Even though female employees still face glass ceilings that hinder their performance in the workplace, it is imperative to note the changes that have taken place in the modern work environment. In many instances, organizations encourage women and migrant workers to occupy leadership positions in the workplace to understand the processes that define success in the corporate world. Urbano and Kohlman (2015) argue that sexual harassment is an old problem in the modern work environment because of its impact on the outcomes of events. Even though many organizations have incorporated strict policies to discourage the vice, there are incidents where company managers use their influence to execute the act. In this regard, organizations through their HR departments should be responsible for the wellbeing of employees because of their role in the realization of objectives in the business environment. When reversing the Federal District Court’s decision, the Court of Appeal acknowledged that the presence of an individual who has been involved in severe harassment creates a hostile environment that hinders the victim’s ability to meet their objectives. Hence, there is a need for HR managers to explore the cases that impede the productivity of employees in the workplace and resolve them to create an even environment where individuals can realize their potential.

Embracing diversity in the workplace enables organizations to achieve a public face that discourages discrimination and other forms of violence in the workplace. By incorporating migrant workers and encouraging female employees to explore leadership positions, a company can achieve a competitive advantage over other industry players in the market. It is evident that many employees will be willing to work for the organization because of its approaches that encourage diversity and inclusivity, which play an eccentric role in the realization of set objectives in the business environment. In the same vein, it is possible for stakeholders to align their interests with those of a company that recognizes the needs of employees and performs activities, which conform to the market expectations (McKay & Avery, 2015). From this realization, it is possible to indicate that modern organizations should create policies that safeguard employees from work-related violence to benefit from individual input towards the company. By creating an environment where individuals can pursue their objectives, it is possible to develop viable solutions that address the needs of employees in the business environment.

Effective leadership is one of the essential aspects that enable organizations to embrace diversity in the workplace. In many instances, individuals with a disability encounter various challenges in securing employment opportunities because of their body conditions. Despite the application of quotas, there is a need among the populace to understand the impact of diversity on the operational performance of an organization. Boehm and Dwertmann (2015) posit that the incorporation of diversity policies in HR practices enables organizations to accomplish their objectives in the business environment. By establishing a favorable climate where individuals are encouraged to accomplish their goals, it is evident that the focus on sexual discrimination and other issues can be achieved. It should be noted that the decision made by the U.S. Court of Appeal offered much-needed guidance to company managers to create a safe environment where individuals can be treated equally. Hence, organizations should train their executives regarding the significance of diversity in the workplace to solve problems that may affect employee perspectives towards work.

Various models have been developed to enable corporations to promote inclusivity and embrace diversity in the work environment. In this regard, inclusive workplaces are convenient for innovation and development of viable solutions that address people’s problems in the contemporary world. Gathering insights from the ruling, company managers can efficiently resolve discrimination cases in the workplaces to avoid instances where employees can become victims. Shore, Cleveland, and Sanchez (2018) opine that organizations continue to encounter challenges revolving around the best approaches that can be used to promote inclusivity. By creating an understanding where individuals understand the application of selected policies to improve the outcomes of events, it is possible for an organization to achieve its objectives in the business environment. From this realization, it is evident that organizations should investigate the cause of employee concerns and analyze its impact on its operational performance to make informed decisions.

Analysis

While the junior court had upheld the government’s decision, which maintained that Brady was innocent, the U.S. Court of Appeal acknowledged the hostile environment that Ellison was subjected to by being coerced to work with his co-worker. From this observation, I believe that the superior court’s decision to reverse the Federal District Court’s judgment was inspired by the impact of Brady’s action on Ellison’s perspectives towards work. In its ruling, the higher court observed that it was impossible for Ellison to focus on assigned tasks especially when the employer has failed to acknowledge the actions executed by Brady. It should be noted that employees have rights that protect them from the ill-intentions advanced by other individuals in their immediate environment. While the company managers are supposed to focus on developing factors that can be used to enhance operational performance, there is a need for the supervisors to establish a healthy relationship with workers to achieve the organizational objectives in the business environment. Hence, organizations should investigate and resolve issues that can affect individual productivity and hinder them from meeting company standards.

HR policies and procedures play an essential role in the workplace because of their ability to protect the interests of employees and offer guidance to company managers when executing their administrative functions. In this regard, HR managers should develop appropriate HR policies that enable the organization to pursue business opportunities in the market. In the 1980s, many scholars indicated that HR procedures exposed corporations to an enabling environment where they could understand the needs of employees and those of their customers in the market (Raza & Tariq, 2016). Primarily, HR strategies should include employment and work policies that remind employees of their role in the workplace. Likewise, the systems should highlight the approaches that should be used when evaluating the performance of individuals in the work environment. In the same vein, employees should be informed about their remuneration among other benefits that accrue after meeting the expectations of their employer. From this realization, it is evident that HR policies should reflect the needs of the people and the ambitions of the company managers to accomplish tasks in the business environment.

Adopting the court ruling in the modern workplace, it is possible to promote equality and embrace diversity. Importantly, the decision encourages company managers to understand the needs of employees who experience issues that may affect their productivity in the work environment. Similarly, employers should develop a healthy relationship with their employees by creating an enabling environment that encourages them to accomplish their career objectives in the corporate world. In this environment, it is possible for workers to reach out to their company managers and engage in the best approaches to use to resolve a conflict. In their part, supervisors can understand the needs of employees and expose them to favorable working conditions that encourage innovation and invention in the workplace. In so doing, organizations can discover their potential and pursue existing business opportunities in the market by incorporating the interests of employees and other stakeholders in their target audience.

A diverse workplace demonstrates the ability of an organization to explore issues in the contemporary world and develop solutions that enable them to overcome their problems. In this regard, HR policies and procedures should comply with the law and other regulations that define employment standards in the country. By seeking opinions from legal experts, it is possible for company managers to understand the approaches that should be explored to settle differences in the modern environment. From this observation, it is evident that employers can understand their role in preventing discriminatory practices in the workplace and the measures that can be taken to the perpetrators. Setting an example to individuals can discourage sexual discrimination and other forms of work-related violence because of the known consequences that can accrue. In this case, the decision of the court plays an eccentric role in influencing the outcomes of events in the workplace by restraining company managers from misusing their influence to vindicate perpetrators.

Many foreign Muslim workers have demonstrated their concerns over the outcomes of events in the American workplace. Due to existing stereotypes regarding their religion, a majority of foreign Muslim workers submit to the silence and inward integration techniques used by company managers to silence them. Even though the foreign workers have the relevant experience to execute tasks in the workplace, they are unable to demonstrate their abilities because of the structural hindrances that affect their abilities (Ying Liao, Soltani, Wang, & Iqbal, 2017). From this observation, it is evident that the company managers should use the HR policies and procedures to eliminate any form of discrimination that can occur in the workplace and interfere with the organization’s commitment to achieving its objectives in the business environment. However, individuals should indicate their undesirable experiences to enable the company leadership to understand the issues that take place in the work environment.

Synthesis

In many instances, company managers fail to recognize the value of diversity in the workplace when they engage in discriminatory activities when recruiting employees and interacting with the shareholders. Notably, cultural diversity enables an organization to enhance its productivity because of the different ideas that can be gathered from a diverse workforce. Due to the different cultural backgrounds, it is possible for a company to benefit from foreign migrant workers and even women who may visualize the process of developing viable solutions from a different perspective. Nonetheless, understanding the value of cultural diversity enables an organization to develop measures and policies that can be used to manage operations in the workplace. Prause and Mujtaba (2015) argue that supervisors should understand the different beliefs of individuals before proposing strategies to handle conflicts in the workplace. In this regard, it emerges that disputes can affect the ability of an organization to resolve issues that can change its performance in the business environment. Hence, cultural diversity hinders the development process due to the varied perspectives of individuals towards life.

Creating policies on diversity and inclusion open up opportunities for an organization to explore in the business environment. When a company attracts individuals from various population groups, it is essential for the leaders to develop a unique policy that guides the perspectives of individuals in the execution of tasks. In this regard, it is the role of company managers through their HR department to ensure that employees understand the expected standards of operations by exposing them to the relevant policies (Kim, H. Lee, H., & Kim, Y., 2015). For instance, the IRS can avoid similar cases such as the one involving Ellison and Brady by crafting a list of expected behaviors and actions. Similarly, the government agency can educate workers regarding the importance of valuing the input of other people regardless of their gender to create a favorable work environment where individuals can realize their vision in the corporate world. By training the company managers on the best approaches to resolve employee conflict, the organization can avoid bias when formulating its decisions regarding the impending situation. For this reason, company managers and employees at the IRS can value diversity during their interactions and incorporate specific values that focus on the achievement of objectives in the business environment.

While many company managers may be skeptical of hiring LGBT employees, it is possible to educate individuals about the importance of diversity and inclusion in the workplace. Cunningham (2015) posits that many organizations in the modern workplace have succeeded in their attempt to create a favorable work environment that recognizes the different employee identities. From this realization, it is evident that the IRS can develop measures that go beyond the issues faced by employees in their immediate environment. Although the government is expected to be a role model in the business environment, its agency should expose individuals to an enabling environment where they can pursue their career objectives without interference from other people. When an employee faces structural hindrances in the workplace, it becomes impossible for them to continue their goals in the corporate world. Hence, embracing diversity and inclusivity allows an organization to understand the changing needs of its consumers by observing the behavior of its diverse workforce.

Unlike in the past where the views of embracing diversity were considered backward, the information technology age has exposed the modern workforce to change-based approaches that are based on brand and image reputation. Currently, the case between Ellison and Brady would have triggered massive protests from the online community, calling for a complete overhaul of the government agency’s leadership (Urciuoli, 2016). Even though the management had attempted to resolve the situation by widening the distance between Ellison and Brady, the decision by the Federal District Court to rule in favor of the government would have been criticized for its ability to protect the perpetrators of sexual harassment. However, the swift decision by the U.S. Court of Appeal demonstrated the changing times in the world where victims can achieve justice regarding the outcomes of events in issues affecting their livelihoods. For this reason, it is imperative for company managers to understand the impact of diversity and inclusivity on the operational performance of an organization.

Conclusion

Organizations should establish an enabling environment that encourages individuals to pursue excellence, achieve their career objectives, and align their interests with those of the employer. In this regard, sexual harassment and other forms of work-related violence take place when individuals use their influence in the organization to intimidate junior employees. While the Federal District Court ruled in favor of the government in Ellison v. Brady, 924 F2d 872 (9th circuit, 1991), the U.S. Court of Appeal reversed the decision, allowing Ellison to get justice. In many instances, corporations lack the measures to control the outcomes of events, especially in employee-related cases. However, modern organizations can embrace diversity and inclusivity to understand the issues faced by individuals in the work environment. By creating a favorable work environment, it is possible for company managers to resolve conflicts efficiently due to their ability to utilize healthy relationships with employees. Thus, company stakeholders should be involved in the formulation of strategies that can address issues faced by employees in the workplace.

 

 

References

Cleveland, J. N., Byrne, Z. S., & Cavanagh, T. M. (2015). The future of HR is RH: Respect for humanity at work. Human Resource Management Review25(2), 146-161.

Griffith, D. A., van Esch, P., & Trittenbach, M. (2018). Investigating the mediating effect of Uber’s sexual harassment case on its brand: Does it matter? Journal of Retailing and Consumer Services43, 111-118.

Urbano, A., & Kohlman, M. (2015). “Sexual Harassment: An Old Problem in a Modern World” forthcoming in Robert Rycroft’s The American Middle Class: An Economic Encyclopedia of Progress and Poverty.

McKay, P. F., & Avery, D. R. (2015). Diversity climate in organizations: Current wisdom and domains of uncertainty. In Research in personnel and human resources management (pp. 191-233). Emerald Group Publishing Limited.

Boehm, S. A., & Dwertmann, D. J. (2015). Forging a single-edged sword: Facilitating positive age and disability diversity effects in the workplace through leadership, positive climates, and HR practices. Work, Aging and Retirement1(1), 41-63.

Shore, L. M., Cleveland, J. N., & Sanchez, D. (2018). Inclusive workplaces: A review and model. Human Resource Management Review28(2), 176-189.

Raza, I., & Tariq, F. (2016). Effect of HR Diversity Management Practices on Employee Knowledge Sharing: Examining the Mediating Role of Trust on Leadership and Moderating Role of Cooperative Norms. Journal of Business Studies12(1), 1-20.

Ying Liao, Y., Soltani, E., Wang, W. Y., & Iqbal, A. (2017). The dynamics of workplace relationships in a diverse internationally staffed organisation: a qualitative ethnographic assessment. The International Journal of Human Resource Management28(8), 1182-1211.

Prause, D., & Mujtaba, B. G. (2015). Conflict management practices for diverse workplaces. Journal of Business Studies Quarterly6(3), 13.

Cunningham, G. B. (2015). Creating and sustaining workplace cultures supportive of LGBT employees in college athletics. Journal of Sport Management29(4), 426-442.

Kim, H. K., Lee, U. H., & Kim, Y. H. (2015). The effect of workplace diversity management in a highly male-dominated culture. Career Development International20(3), 259-272.

Urciuoli, B. (2016). The compromised pragmatics of diversity. Language & Communication51, 30-39.

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