Inappropriate Behavior, Research Paper Example

Title I and Title V of the Americans with Disabilities Act of 1990 “prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments” (EEOC, n.d.). While this law protects Marwan against being fired on the basis of his disability, it is essential to consider his employment status and behavior on the job. Firstly, he is employed without a contract. Therefore, he is not except from the terms of at-will employment, in which an employee can be dismissed for any reason and without warning (Rothstein et al., 1987).

Sexual harassment is a form of sexual discrimination and is in violation of Title VII of the Civil Rights Act of 1964 (EEOC, n.d.). This prohibits both sexual physical contact with coworkers and park guests. Marwan committed quid pro quo sexual harassment because he threatened a female employee that she will get fired unless she goes on a date with him. Quid pro quo sexual harassment is defined as express or implied sexual demands in exchange for a favor or to avoid a detriment (SHRM, 2012).

Studio Five should support their decision to fire Marwan on the basis of sexual harassment and encourage the female coworker to defend this in court. It would be improper to allow Marwan to return to work because this sexual harassment has been ongoing and extends to the park visitors as well as the employees. If the female employee sues the park, they will not be held liable because they took steps to remove the source of abuse. They only became liable for Marwan’s actions after they became aware of what they did, so firing him was the correct decision. If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, this stance would not change because these decisions were made to protect both the company and its employees. To avoid sexual harassment cases in the future, it is essential for the part to distribute and require employees to sign a sexual harassment policy.

References

EEOC. (n.d.). Facts About Sexual Harassment. Retrieved from http://www.eeoc.gov/facts/fs-sex.html

EEOC. (n.d.). Federal Laws Prohibiting Job Discrimination Questions And Answers. Retrieved from http://www.eeoc.gov/facts/qanda.html

Rothstein MA, Knapp AS, Liebman L. (1987). Cases and Materials on Employment Law. New York: Foundation Press.

SHRM. (2012). EEO: Sexual Harassment: What are the different types of sexual harassment? Retrieved from http://www.shrm.org/TemplatesTools/hrqa/Pages/typesofsexualharassment.aspx