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SHAMS KAMAL 0832505

ANSWER 1 Supervisors are liable for all the things that happen to the employees especially accidents and work place harassment. Supervisors should encourage its workers to report anything that they feel awkward or do not feel right. An employer is always responsible for any kind of workforce harassment by supervisor which might lead to a tangible employment action. A perfect example would be that supervisors offering promotion or a raise for sleeping with the employee or offering any kind of unethical things to do. The scenario might not be so serious if it does not lead to a tangible employment action. Even then the employer will be liable until and until it is proved that  They have handled the situation professional with due diligence and have taken prompt action to rectify any mistakes  A proper filing of compliant by the employee to the management.

Coming back to the topic of harassment, there are two kinds of workforce harassment Quid pro quo and Hostile work environment  Quid pro quo - It is usually the sexual harassment done by a supervisor when he tries to enforce any kind of physical relationship with the employee  Hostile work environment - Hostile work environment supervisor sexual harassment is considered to be very severe as it happens when a supervisor or employee unreasonably infers with an employee and create a hostile or offensive workplace

SHAMS KAMAL 0832505

situation for the employee to work. They either do it through intimidation or by other means. This type of harassment is known as non-supervisor harassment. The employer is liable for nonsupervisory harassment if the employer failed to know, report or take proper action for the harassment. Supreme Court stated, “It is by now well recognized that hostile environment sexual harassment…is a persistent problem in the workplace.” Therefore employers need to train, look for, anticipate, and take proper remedial action for the harassment. So employers cannot just depend or wait for incidents to happen rather they should take actions to prevent it. It is considered to be a liability for employer if he knew or should have known   Actual knowledge witnessed by supervisor or if supervisor receives any complaints Corrective knowledge which is open and notorious, willful blindness or deafness or it is reasonably discovered by the management team. It is expected that employer should take prompt action to rectify the situation. It is one of the vital responsibilities of an employer. The actions that he can take are  Prompt investigation- After the incident it is very important to have a thorough investigation of the event. They should interview the people who are involved and

SHAMS KAMAL 0832505

should encourage others to provide knowledge about the incident. They should open a hotline where they should encourage people to provide anonymously and complete the investigation fast.  Corrective action- After they find the real culprit, they should take proper actions and be given proper justice to the victim so that it becomes a benchmark for others to repeat the same mistake.  Training – Proper training should be provided to the employees as well as to the supervisors in order to prevent such situation.   Transfer Termination- They should terminate immediately all the people who are responsible.

Answer 2

A proper filing includes a few systematic steps and it the procedures have very strict deadlines The following must be followed into to do a proper filing  Under Federal Law, the claim has to be filed within 300 DAYS of the incident. If it is outside 300 days, then it will be considered barred.

SHAMS KAMAL 0832505



A claim is considered to be filed as an EEOC charge if the employee requests to take a remedial action to protect the employees’ rights and any also to settle down any kind of disputes between employee and employers.

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Court gives 180 days to investigation. A notice of rights is issued to the victim in order for them to sue Victim requires to have the Right-to-sue notice from EEOC in order to file under federal law



The victim then has 90 days to file a suit and for any reason if they fail to file within this 90 days, the claim is considered to be barred.

If the victim files the case within 180 days, the claim is considered to be filed in dual with the state (TEXAS WORKFORCE COMMISSION) and Federal (EEOC, Equal Employment Opportunity Commission) under the Work share Agreement. The claim must be IN WRITING and should be under oath. The following should also be stated    an unlawful employment action or harassment has taken place All the information about the complaint Evidence sufficient to convince commission to identify the respondent.

State commission only allows 180 days for general investigation. If after 180 days of charge filing is not resolved, charge must be dismissed. Victim does not really require a right of sue

SHAMS KAMAL 0832505

under EEOC, but if requested, the victim must file the lawsuit within 60 days. If no Right to Sue Notice is issued, then they have two years from the charge filing date to file the lawsuit. If we discuss the administrative procedures of Texas Workforce Commission and Title VII, they are quite similar   EEOC offers 300 days whereas state offers 180 days IF right to sue issued under EEOC, the lawsuit has to be filed within 90 days. Whereas in TWC it is only 60 days.

Answer 3 A corrective action is a very vital as long as an employer. It is very important for the employers because it provides a way of effectively document all the employees’ workforce offences and outcomes and steps taken to resolve it. It works as a benchmark for the employers as they can set guidelines and other corrective actions if anything like that ever happens at a workplace. A corrective action form includes the following which are very essential  A field about employee information, which includes employee’s name, supervisor’s name, and time and date.  The time and date. It is very important because it allows the employer to understand the time frame and results of the incident

SHAMS KAMAL 0832505



Explanations to the reason why the employee performance was not acceptable or against policies and procedures/regulations.

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Reason for the requirement of corrective action. A special section of “required improvement,” which provides documentation of how the employer expects the employee’s performance to improve.

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Note of the reevaluation date. A signature line for the following people: employee evaluation coordinator, the supervisor, and the employee. All signatures are to be on the corrective action form in order for the corrective action form to be a valid tool of the employer. The signatures ensure all parties have an understanding of the situation and the corrective action that will ensue.

An employer should properly follow all the steps in order to make a proper corrective action form so that he can use it as proper form of documentation if they face any kind of situation .It should be documented properly in order prove employers consistency and fairness.

Answer 4
If the employee is suffering through an on job injury, the employee would be covered under Federal Medical leave Act for 5 weeks. But it can be extended to 12 weeks. If there are physical restrictions, when he comes back to work, then he will be covered by the American Disability Act. According to the definitions of the Disability under ADC, an employee has to mentally and physically challenged so that

SHAMS KAMAL 0832505 he reaches a point where normal bodily functions are considered to be impaired. If the employee can prove it he would be protected from discrimination at workplace from the employers. Under ADA, employees need to prove one more important thing. They need to prove that they are qualified to work with other. The criteria of being a qualified employee includes performing specified tasks efficiently on time. As long as employers are concerned, they should prove all the proper accommodations so that the employees can work with ease. The only drawback to this law is if the employee’s disability interferes with the work place, then the employee will not be covered or protected under American Disability act.

Answer 5 Sorry no idea about the team. I just know Johnson. I go to buffalo wild wings with my friends when there is game of Texas.

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