Personnel Law and Ethics (Essay Sample)

Personnel Law and Ethics
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Personnel Law and Ethics
The essence of labeling each case scenario will help the reader to comprehend the scenario and the applied rules. IRAC is, therefore, a crucial tool for analysis of the various hypothetical issues.
Case #8
Issue
The hypothetical issue seeks to find out whether hiring an attractive sales manager and firing the ‘unattractive sales lady' constitute sex discrimination.
Rule
In this case, for sex discrimination to occur the employee must have breached the employment policies. This indirect discrimination whereby an individual is not favored particular because one does not possess certain physical traits. This constitutes indirect harassment. Sex discrimination, therefore points at the sex discrimination in work situation (Martin, 2006). Sex discrimination occurs when an individual is subjected to the unwanted condition for one to secure a job, and the reasons are not justified by law. The aspect of sex discrimination comes out in situations like, hiring, firing, training, pay and other conditions of employment.
Analysis
According to the case, the pressure exerted to Elysa Yanowitz by her superior, Jack Wiswall amounts to sexual discrimination taking note that Elysa is a woman and the reason pointed by her superior are not justified. According to the law, any form of discrimination concerning work and employment is punishable. The criterion in which Jack Wiswall basis are on the looks as he points out that ‘look for someone hot' this is generally sex discrimination and amounts to sexual harassment. Additionally, the sales associate is said to have a dark skin; Jack wants fair-skinned blondes. This can raise the issue of racism as well. The Equality Act 2010 resonates that it is unlawful for the employer to discriminate based on one's gender.
Conclusion
In this case, it is apparent that the employer, Jack Wiswall actions constitute sex discrimination since the pressure he exerted to Elysa to fire the sales associate in Macy West store were remarks that indicate harassment and sexual biasness. The employer therefore, is subject to prosecution and should face consequences of breaking the law. The regional sales manager have every right to decline the instruction made by her general manager has his wishes need solid justification.
Case # 9
Issue
The case issue seeks to find out whether a victim of same-sex sexual harassment has a viable claim under Title VII of the Civil rights Act.
Rule
The law applicable to the scenario is the Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex, color, religion, and national origin. Additionally, the jurisdictions based on sex discrimination points at sexual harassment that cover same-sex harassment as well. For sexual harassment to occur, one must have been subjected to an uncomfortable situation or sexual remarks sufficient to interfere with the working condition.
Analysis
The facts presented in the case amounts to sexual harassment particularly same-sex sexual harassment. Oncale who works as the crane operator experienced sexual harassment by his fellow crew, particular those having supervisory authority over him. According to the Title VII Act of the Civil Rights Act, it can be noted that Oncale rights to have appropriate working environment were violated. Additionally, he faces same-sex sexual harassment occasioned by two of his supervisors (Lyons and Pippen), and Johnson. Sexual harassment involved physical assault in a sexual manner, and even Lyons threatened him with rape (United States, 2002). It is also an offence to threaten any citizen. The law prohibits any form of sexual harassment and intimidation.
Conclusion
In this case, the employee, Oncale was subjected to illegal same-sex sexual harassment and Brandon Johnson, John Lyons, and Danny Pippen are liable. Oncle is entitled to sue the individuals who harassed him at work guided by the Title VII of the Civil Rights Act. Therefore, I can conclude that a victim of same-sex sexual harassment has a viable claim under Title VII of the civil Rights Act based on the hypothetical case facts and claims.
Case # 10
Issue
The case seeks to find out if FMLA covers ‘the seeking custody of one's own children’.
Rule
Family and medical leave Act, FMLA was purposed to create a balance between the demands of the workp...