(DOWNLOAD) "Harassment--Constructive Discharge and the Affirmative Defense (Legal ISSUES)" by Ethical and Regulatory Issues Journal of Legal * eBook PDF Kindle ePub Free

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eBook details

• Title: Harassment--Constructive Discharge and the Affirmative Defense (Legal ISSUES)
• Author : Ethical and Regulatory Issues Journal of Legal
• Release Date : January 01, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 277 KB

Description

ABSTRACT Allegations of harassment in violation of federal anti-discrimination legislation continue to be a daunting complex human resource management problem for decision makers. While the 1998 Supreme Court decisions in Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, and the 1999 decision in Kolstad v. American Dental Association provided employers with valuable guidance in dealing with harassment, subsequent court decisions continue to both clarify and further confuse decision makers attempting to properly prevent and remedy harassment allegations. Conflicting court decisions with respect to the applicability of the affirmative defense when an employee alleges they were constructively discharged, is the most recent example of how federal court decisions can further complicate the ability of employers to effectively prevent and remedy harassment allegations. This is a critical issue for organizations in cases where supervisors are alleged to be directly involved in the harassment. The purpose of this paper is to examine recent court decisions dealing with allegations of harassment, constructive discharge and the affirmative defense, and to present implications of these decisions for human resource management decision makers.

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