Employment Discrimination Analysis

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Running head: Discrimination in the Workplace Discrimination in the Workplace David Larkin University of Phoenix LAW531 January 10, 2009 Abstract For this assignment I read Chapter 20 in the assigned text as well as the scenarios and questions posed in the syllabus. The objective of this being, to analyze the scenarios given and answer the questions appropriately. Discrimination in the Workplace Scenario 1: “Just Good Fun” When Maria Suarez got her new job, she was happy. As an oil rigger, she would make enough money to support herself and her two children But after a week of working with a primarily male crew, her happiness was gone. Her coworkers were the reason. At first the men made unwelcome comments about her body. Then sexual graffiti mentioning her name appeared. When she came to work one morning a nude female picture was pinned to one of the rigs. Her name had been scrawled across the bottom. Maria complained to the crew foreman, who referred her to the site manager. “Let’s ignore it for a while,” he told Maria. “It’s just good fun. The men are testing you. You’ve got to fit in.” Question 1: What are Maria’s legal rights in this situation? Maria would be well within her legal rights to bring suit against her employer based on the information given. Moreover, according to Judge Kennedy’s opinion in the case of Burlington v. Ellerth, an employer is subject to vicarious liability to a victimized employee under certain conditions. The first condition is that the employer exercised reasonable care to prevent and correct. In this case not only did they not prevent and correct, they most likely ignored actual overt actions by other employees toward the plaintiff even before the plaintiff made known her concerns. Second, the plaintiff took steps thought to be available to her to provide a remedy for the situation. Again, the employer told the plaintiff…...

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