Legal Risk and Opportunity
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- Date Submitted: 10/25/2010 04:27 PM
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Legal Risk and Opportunity in Employment
Verndell Morgan
LAW/531
August 30, 2010
Denise Brown
Legal Risk and Opportunity in Employment
NewsCorp Legal Encounter 1
In the first case, NewsCorp is liable to Pat for compensation for the expenses he paid to move to the new position. The company did not follow the terms agreed upon in the contract by not notifying Pat when his performance became unsatisfactory. Instead he was given a 30 day notice that he would be terminated. This action by NewsCorp has the potential to be discrimination, if Pat is part of the protected class under Title VII of the Civil Rights Act of 1964. Pat held an unpopular position at a school board meeting and feels is why he is being terminated. Title VII of the Civil Rights Act prohibits employers from discriminating on the basis of race, color, or national origin. Additionally, if the discrimination was found to be intentional, the court can order the company to pay punitive damages to Pat .(Cheeseman, 2010)
NewsCorp Legal Encounter 2
In the second legal encounter, NewsCorp’s liability is to ensure it has a sexual harassment policy that is passed down to all the employees. Ensuring the employees know the policy and even document them understanding would help NewsCorp to not be held liable for the supervisor’s actions. In two Supreme Court cases, Faragher v. City of Boca and; Raton Burlington Industries, Inc. v. Ellerth, a group of females brought a suit against their employers, complaining of sexual harassment that led to them quitting their jobs. The first case, the employer was held liable for the employees’ conduct because it did not disseminate a sexual harassment policy. The second case, the employer was not found liable for the actions of its employees because the company did have a sexual harassment policy in place as well as a complaint system the female did not use. The Supreme Court held an employer may make an affirmative defense against...
Verndell Morgan
LAW/531
August 30, 2010
Denise Brown
Legal Risk and Opportunity in Employment
NewsCorp Legal Encounter 1
In the first case, NewsCorp is liable to Pat for compensation for the expenses he paid to move to the new position. The company did not follow the terms agreed upon in the contract by not notifying Pat when his performance became unsatisfactory. Instead he was given a 30 day notice that he would be terminated. This action by NewsCorp has the potential to be discrimination, if Pat is part of the protected class under Title VII of the Civil Rights Act of 1964. Pat held an unpopular position at a school board meeting and feels is why he is being terminated. Title VII of the Civil Rights Act prohibits employers from discriminating on the basis of race, color, or national origin. Additionally, if the discrimination was found to be intentional, the court can order the company to pay punitive damages to Pat .(Cheeseman, 2010)
NewsCorp Legal Encounter 2
In the second legal encounter, NewsCorp’s liability is to ensure it has a sexual harassment policy that is passed down to all the employees. Ensuring the employees know the policy and even document them understanding would help NewsCorp to not be held liable for the supervisor’s actions. In two Supreme Court cases, Faragher v. City of Boca and; Raton Burlington Industries, Inc. v. Ellerth, a group of females brought a suit against their employers, complaining of sexual harassment that led to them quitting their jobs. The first case, the employer was held liable for the employees’ conduct because it did not disseminate a sexual harassment policy. The second case, the employer was not found liable for the actions of its employees because the company did have a sexual harassment policy in place as well as a complaint system the female did not use. The Supreme Court held an employer may make an affirmative defense against...