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Discrimination

The Supreme Court ruled in 1998 (Burlington Industries, Inc. v. Ellerth, and Faragher v. City of Boca Raton) that as long as the harasser was not a supervisor, and there was not a tangible loss, the employer had an "affirmative defense." If the employer has policies that are consistent with what is required under state and federal law, and if the company can prove that the employees knew who should be contacted to report concerns about harassment or discrimination, the employer has an "affirmative defense." The EEOC has issued policy guidelines making it clear that this "affirmative defense" also applies to national-origin claims. The policy is distributed in a way that is noticeable to employees. It is attached their pay stubs. It is periodically sent out via intranet or e-mail with a confirmation of receipt requested. It also includes a cover letter that explains the particular need for care and sensitivity at this time -- especially toward people from the Middle East. The policy cautions against stereotyping any employees on the basis of national origin, or of repeating derogatory jokes that are heard over radio or television broadcasts. An additional not about the various channels that are open to any employee who has a


Retrieved from the World Wide Web at www. The company is required to conclude the investigation, communicate the results, remedy the situation, and guard against retaliation. Supervisory staff members who hear bantering, joking, or cultural stereotyping are considered to be on notice, and are required to take certain steps to respond. Their role in maintaining a hostility free work environment for all employees is essential. * Marriage, dating, or family relations with persons of various religious practices, or national origin. * Physical traits, speech patterns, or cultural traits that could be associated with a national-origin group. The defense of any harassment or discrimination claim relies heavily on the ability to prove that employees were notified of the various avenues available to them to report harassment (including their supervisor), and the failure of the employee to use those vehicles to report harassment. They are confused about First Amendment rights. Outside the workplace, a person can change channels. An employer obviously cannot afford to have managers who are untrained about the proper response to complaints or questions. Many could oversee these steps or communicate with human resources so that the problem could be handled by professionals, but they do not. Title VII of the Civil Rights Act of 1964. Retrieved from the World Wide Web at www.

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