Title VII

[faithnlve]

What is the name of your state? Vermont....I posted this question in another forum with 0 response. Maybe I was in the wrong forum. Anyways I will ask only three. Why is it employers are protected of discrimination claims if they claim the policy in place of their company was followed? Is Title VII law in place only to protect victims when the policy is not used or not in place? Most courts dismiss or side with employer when sued for harassment as long as they followed policy, how can an employee become whole again with those factors in place with the damages done to them already??

 

[Some Random Guy]

Why is it employers are protected of discrimination claims if they claim the policy in place of their company was followed?

An in a wrongful termination of harrassment complaint, a company will often defend itself by saying that it was only following company policy.

If the plaintiff wants to win their case, they should show one of these three factors
1. The company was not following company policy because of discrimination.
2. The company was following company policy, but others in the exact same situation were treated not according to policy because of discrimination.
3. The company policy is irrelevant because the behavior was discriminatory and had nothing to do with the policy.

 

[Gadfly]

The answer to most of your questions is, "because that's the way the law is written."

As to how to be made whole, well first of all law can be passed all day but laws don't change attitudes. Discrimination exists in some people and all the laws in the world won't change that. Feel sorry for those people and be the better person and get over it.

 

[dallas702]

The answer is also: because companies write their policies to comply with current laws. Then the only way to claim a violation is to prove actual discrimination as in what "Random" stated.

 

[faithnlve]

As with all laws we all must comply. But, why is it when discrimination/sexual harassment takes place that the company is protected? Let me ask a hypothetical question? Lets say the harasser got probation, heard about who the complainant was, confronted the harassed after being disciplined. The harassed victim was let go for being out too much due to the stress of the harassment, then is fired for being out too much, but, finds out after leaving the company that the harassor is still doing the same thing on the internt at work? So the company is still protected because it followed policy for the victim????

 

[BSharp]

But, why is it when discrimination/sexual harassment takes place that the company is protected?

More power. After 1913 Fed Reserve Act, the "Corporation" entity was created to give it special rights not afforded individuals. Supreme Court said Corp is a 'Super' person v Natural person. So Corp has privleges not afforded Natural persons, hence more power.

Lets say the harasser got probation, heard about who the complainant was, confronted the harassed after being disciplined.

Rules in the workplace.
Never escalate - be assertive to harasser.
Don't publically berate leaders.
Don't be a victim.
PRIVATELY, let bully know what is inappropriate in clear terms.
Avoid physical threats.
Patience, firmness, kindness - that is how to handle bully.

People skills for intimidating, difficult others.

The harassed victim was let go for being out too much due to the stress of the harassment,

Then if bad behavior continues, victim MUST document the details. Papertrail, recordings. Witnesses are reluctant testify.

Pervasive abuse, the victim MUST document a case BEFORE getting fired.

then is fired for being out too much,

Many companies already have pegged the employee for termination. The harrassment is just an attempt to get them to quit instead of layoff. The Corp costs are cheaper.

I had a boss strike me one time. It was before layoffs and quitting employees are cheaper. I ignored it. Nice try boss-oroony.

Read the book "Winning thru Intimidation".

but, finds out after leaving the company that the harassor is still doing the same thing on the internt at work?

Now you are into dysfunctional behavior. Do not be a rescuer. Defend yourself instead.

Without a case. Grieve the loss. Move on.

 

[faithnlve]

You say be a defender and not a rescuer. I am defending myself, but it is very difficult to fight against a policy in place to protect the company from any liability as long as its pasted to their walls. There is documentation in my case, emails, harassment proven, and retaliation proven, but its all within the company. I was out sick from all the harassment, so they used that issue of being out too much to constructively discharge me, even had a different manager let me go. What is mind boggling is the cases I have found where the courts say yes, you have been harassed, no it didnt stop right away, but, we feel the company followed "policy" and did what they were suppose to do. So your out and the harasser stays in. I am trying to find my best defenses to the arguments used in cases of policy in place company not liable. Thanks so much, Faith

 

[weenor]

You say be a defender and not a rescuer. I am defending myself, but it is very difficult to fight against a policy in place to protect the company from any liability as long as its pasted to their walls. There is documentation in my case, emails, harassment proven, and retaliation proven, but its all within the company. I was out sick from all the harassment, so they used that issue of being out too much to constructively discharge me, even had a different manager let me go. What is mind boggling is the cases I have found where the courts say yes, you have been harassed, no it didnt stop right away, but, we feel the company followed "policy" and did what they were suppose to do. So your out and the harasser stays in. I am trying to find my best defenses to the arguments used in cases of policy in place company not liable. Thanks so much, Faith

In the eyes of the law if a company has a reasonable policy in place and that policy is followed, the company is not liable for what an individual does because its not the company's fault...Now if you can show that the policy was not actually effective (i.e. other instances of harassment problems) and that the company realized that the policy was not effective (i.e. harassment continued despite use of that policy) then the company does not have a defense- at least in the 11th Circuit...

 

[Cherryhummer]

Laws prohibit

What state am i from Nebraska I won a EEOC Hearing case based on disablity discrimination. Non-compliance of Govenment agency from orders of ADJ. A- agencythat Laws State prohibit them from discrimination ar to be a roll model.also recieved a summary judgement with prejudice d ismissing my case due to attorney failure to communicate,to date has not responded to request for answers or return of submissions. Lawsuit hearing date also was change without my knowledge..adding no voice in the rights Laws state protect,.Attorney did e-mail me with the notice he filed an appeal for me. I had no voice right to defend what was already proven done wrongfully but no knowledge until the U.S.District court sent me the information which has left me not knowing what to due now. No attorney willing to help due to my not having money..one went as far as looking up neglectful attorney and found he had no melpractice insurance so no help there. I continue to look for help to be heard...myself and family will never be made whole...that states a right also after lenght added to time allow and everything lost. a-one credit, our home,family pets..homeless. As a single parent, law abiding human who no one ever help with a life i made for myself and children..but many assisted in taking that life. Laws protect who Makes a person rethink rights and wrongs sure does look like wrongs get ahead. How sad and people wonder why there is so much crime committed. people are not born that way they are made to be that way. Dare to differ????