State and Federal Systems Paper

Essay by KinghighUniversity, Bachelor's May 2005

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State and Federal Systems Paper

Federal Laws

Under the law a relationship is formed by employer and employee. The basic principle of this relationship is for the employer to exercise good faith while in this correlation. "Many states have enacted legislation specifically aimed at the growth of the federal statutes above." An example is the states that have human rights acts which prohibits discrimination. And there is a human rights commission in these states that individuals can bring claims to. While other states have had legislation that closely resembles Title VII. "These laws are supplemented by various State and local laws that may provide further protection, like sexual orientation." Discrimination may be happening by the different treatment of a person from the way they treat others. This includes not hiring a person also. And it includes the disciplinary actions the employers take. Also, if an employer makes it so difficult or unpleasant that the employee is forced to resign.

The Supreme Court has set principles for employers legal responsibility in harassment cases. The "intent does not need to be shown, only the existence of a hostile working environment." The EEOC commission which is a Federal Agency will investigate the grievance. It will determine if there is probable cause or not. If probable cause is found, the EEOC will attempt conciliation and a remedy with the employer. If this is not successful, the Commission will sue the company or issue a right to sue letter. If no probable cause is found, it will dismiss the complaint and issue a right to sue letter to the complainant. The laws regarding sexual harassment govern the entire employment process. This is from hiring, interviewing through discharging an employee. Sexual harassment is under the Title VII of the Civil Rights Act of 1964. The...



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