International Workplace Sexual Harassment Laws and Developments for the Multinational Employer

International Workplace Sexual Harassment Laws and Developments for the Multinational Employer
Author: Ellen Pinkos Cobb
Publisher: Routledge
Total Pages: 146
Release: 2019-12-06
Genre: Law
ISBN: 0429513631

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As the #MeToo movement has become an increasingly global and significant workplace matter, a timely resource compiling must-know international workplace sexual harassment laws for the multinational employer is clearly needed. This book provides a comprehensive compilation of global sexual harassment laws, clearly necessary in this climate but not currently existing until now. It presents legislation addressing workplace sexual harassment in over 50 countries in the European Region, Asia Pacific, Americas, and the Middle East and Africa. Within each region, the laws of individual countries are set forth, as well as some cultural context and recent developments to indicate present and future trends in workplace sexual harassment regulation. Written in clear, plain English for anyone without a legal background to understand, this book is essential reading and a key resource for employment and business attorneys, global employers, managers, human resources professionals, and occupational health and safety professionals. Academics, practitioners, union members, employees, NGOs, and those in the human rights field will also benefit from this timely resource.

Workplace Bullying and Harassment

Workplace Bullying and Harassment
Author: Ellen Pinkos Cobb
Publisher: Taylor & Francis
Total Pages: 317
Release: 2017-03-27
Genre: Business & Economics
ISBN: 1315468883

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Workplace Bullying and Harassment: New Developments in International Law provides a comprehensive tour around the globe, summarizing relevant legislation and key developments in workplace bullying, harassment, sexual harassment, discrimination, violence, and stress in over 50 countries in Europe, the Asia Pacific region, the Americas region, and the Middle East and Africa. Workplace bullying, harassment, and other psychological workplace hazards are becoming increasingly acknowledged and legislated against in the modern work world. The costs of bullying, harassment, violence, discrimination, and stress at work are huge and far-reaching. Frequently under-reported and misunderstood, workplace bullying, harassment, violence, discrimination, and stress wreak havoc on the vitality and prosperity of organizations and individuals alike. Workplace laws have long dealt with physical risks, and psychological risks have begun to be treated similarly. In response to the changing workplace, many countries are regulating workplace bullying and harassment by introducing new legislation or incorporating new provisions into existing legislation to address these risks. Other countries have opted for non-regulatory instruments. Numerous European countries, Canada, Australia, and Japan all prohibit and punish workplace bullying and harassment, with other countries, including the United States of America, moving toward legislation against this abusive workplace conduct. This book brings together need-to-know information on global workplace bullying and harassment in one place, the first publication of its kind to do so. It will aid those in the fields of labor and employment, human resources management, occupational and industrial health psychology, health and safety, and workplace regulatory compliance stay abreast of laws and developments that these practitioners must be aware of, whether operating nationally or globally. Academics will also benefit. Links to laws and references are provided, enabling further research.

Sexual Harassment in the Workplace: Sexuality, social relations, and the workplace

Sexual Harassment in the Workplace: Sexuality, social relations, and the workplace
Author: Alba Conte
Publisher: Wolters Kluwer
Total Pages: 6006
Release: 2010-01-01
Genre: Law
ISBN: 0735597650

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The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv

Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace

Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace
Author: Weltbank
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN:

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Sexual Harassment in the Workplace (SHWP) is a universal and widespread phenomenon that affects millions of women of all social strata worldwide. It is an endemic issue that has gained increased visibility and attention since the beginning of the “#MeToo” movement. In this Compendium on International and National Legal Frameworks on Sexual Harassment in the Workplace (the “Compendium”), SHWP is understood as a gender-specific form of violence, commonly directed against women and occurring in employment or the workplace. It includes requests for sexual favors, unwelcome sexual advances or other sexual conduct, whether physical or verbal, which involves a “quid pro quo” aspect (e.g. request for sexual favors used to make employment decisions) and/or creates an intimidating, hostile, toxic, humiliating or offensive working environment. As one of the pervasive expressions of gender-based violence, it reflects discriminatory social norms, stereotypes, impunity and gender inequality. SHWP is viewed as a development challenge and has high economic and social costs. Despite its serious implications for women, employers and society at large, the behavior is widely accepted and minimized. The Compendium provides a survey of the key international and regional instruments as well as national legislation as they relate to SHWP.

Sexual Harassment and the Law in Africa

Sexual Harassment and the Law in Africa
Author: Furaha-Joy Sekai Saungweme
Publisher: Taylor & Francis
Total Pages: 225
Release: 2024-03-19
Genre: Law
ISBN: 1040000843

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Written by a team of experts from legal, forensic, and policy backgrounds, this book presents new research into sexual violence and harassment across Africa. This first of it's kind book foregrounds the work of African scholars and presents careful research analysis and case studies that consider sexual harassment from legal, socio-economic, and cultural realities. It highlights the importance of laws around sexual harassment in Africa, the intersectional challenges it poses to women in the workplace, and the role of the feminist movement in Africa to hold perpetrators accountable and give voice to survivors of sexual harassment. The book forms part of a broader African-driven research initiative on sexual harassment and the law and is written in partnership with the Africa End Sexual Harassment Initiative (AESHI). It also explores the need to focus on best-practice benchmarks for Africa and also learning from developments in Africa. Timely and relevant, the book will be of great interest to legal and policy academic scholars, professionals, and activists working in the fields of gender policy, forensic psychology, and NGOs. It will also be useful reading for postgraduate students of law, gender studies, political science, and African studies.

Managing Psychosocial Hazards and Work-Related Stress in Today’s Work Environment

Managing Psychosocial Hazards and Work-Related Stress in Today’s Work Environment
Author: Ellen Pinkos Cobb
Publisher: Taylor & Francis
Total Pages: 163
Release: 2022-08-08
Genre: Business & Economics
ISBN: 1000597008

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Today’s evolving world of work makes it imperative for employers to manage psychosocial hazards (PSH) and risks leading to work-related stress. This book contains essential, general, and country-specific information and templates for the successful management of hazards to prevent psychological harm in the workplace. Acknowledged as global issues affecting all workers and industries, PSH are work factors that have the potential to lead to physical or psychological injury and stress, relating to how work is designed, organized, and managed, and to work relationships and interactions. This book advances the idea that management of PSH, and psychological health and safety, is part of the duty of care of today’s responsible and ethical employers to employees, and that U.S. employers should recognize this responsibility. Clear and easy to follow, this guide presents comprehensive information on addressing PSH, discussing measures taken internationally (laws, guidance, and resources from Europe, Canada, Mexico, Australia, and Japan), and a new global standard on psychological health and safety at work. (Note: At times within this book, and Part II in particular, punctuation may be added to quoted provisions for ease of reading and for consistency.) Practitioners and students in the fields of management, occupational health and safety, human resource management, ethics and compliance, occupational health psychology, and organizational psychology will come away with a deeper understanding of the importance of PSH and their management.

Workplace Sexual Harassment Law

Workplace Sexual Harassment Law
Author: Francis Achampong
Publisher: Praeger
Total Pages: 272
Release: 1999-08-30
Genre: Law
ISBN:

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This volume provides an examination of workplace sexual harassment law including important issues, policies, landmark cases, and practical guidelines for effective risk management

Directions in Sexual Harassment Law

Directions in Sexual Harassment Law
Author: Catharine A. MacKinnon
Publisher: Yale University Press
Total Pages: 746
Release: 2008-10-01
Genre: Law
ISBN: 0300135300

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div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV

The Global Workplace

The Global Workplace
Author: Roger Blanpain
Publisher: Cambridge University Press
Total Pages: 619
Release: 2007-01-15
Genre: Law
ISBN: 1139462008

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With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, collective labor law dealing with unionization as well as the laws against discrimination, the laws protecting privacy and the systems used to resolve labor and employment disputes. This is the first set of law school course materials in English covering international and comparative employment and labor law.

The State Practice of India and the Development of International Law

The State Practice of India and the Development of International Law
Author: Bimal N. Patel
Publisher: Martinus Nijhoff Publishers
Total Pages: 582
Release: 2016-07-14
Genre: Law
ISBN: 9004321330

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The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law.