Employment law and discrimination | Law homework help

Don't use plagiarized sources. Get Your Assignment on
Employment law and discrimination | Law homework help
Just from $13/Page
Order Now

 paper rewrite





Employment Law and Discrimination

Employment Law and Discrimination

The intent of this paper is for the author to review the “You be the Judge: Sexual Harassment” video and analyze each of the elements of this cause of action, the applicable defenses, and the bases for the Judge’s ruling. Additionally, the author will analyze the potential civil liability of both the employee and the employer. Last, the author will analyze the different liability in this case if the sexual harasser were an independent contractor versus an employee.

Cause of Action

In this scenario, the plaintiff is filing a suit against the defendant for sexual harassment in the workplace. There is a history of pranks within the office staff that are inappropriate in nature. The plaintiff explains that there are four people working in the office, including himself. The other two males and the defendant routinely send inappropriate emails to each other. The plaintiff says that he has always gotten rid of the inappropriate pranks in the past and ignored the situation. In the current situation discussed in the suit, the defendant placed a screensaver on the plaintiff’s computer depicting a female stripper. While the screensaver was on his monitor, a supervisor walked through the area and witnessed the prank.

Applicable Defenses

The plaintiff is arguing that he was overlooked for a promotion because the supervisor saw the inappropriate screensaver. He believes that it is not his fault the supervisor saw this, and it was the defendant’s fault. Therefore, the defendant is the reason he did not get the promotion. The plaintiff argues if the defendant had not been inappropriate at work, he would have been given a promotion. He now believes the last four years of working there has been for nothing. The defendant does not believe she was in the wrong for what she did. The defendant states the plaintiff never complained in the past and participated in previous pranks or office jokes. The defendant was under the impression that the jokes were a part of the office atmosphere. The defendant also explains there were never any discussions between the plaintiff and other co-workers regarding the inappropriate acts. She states if the plaintiff had expressed concern for the behaviors, the other colleagues would have respected his position.

Judge’s Ruling

The judge asked both the defendant and plaintiff if they remembered signing a sexual harassment policy through the human resources department at their place of employment. Neither of them remembered this piece of information. The judge’s ruling was in favor of the defendant. The judge believes that the nature of the prank was normal for the office atmosphere. There were no previous complaints filed or concerns expressed by the plaintiff. The judge believes the only reason the plaintiff is filing a suit at this time is because he believed he lost a possible promotion and believed his reaction was unreasonable towards the defendant. However, there is no evidence given by the plaintiff showing where he would have received the promotion otherwise. The judge does not find any evidence of sexual harassment in this case and states the suit has no merit.

Civil Liability

Because the judge ruled in favor of the defendant, the defendant can file a suit against the plaintiff for defamation and or emotional distress caused by the case. Emotional distress is controversial within the court system. However, all courts do require the behavior to be outrageous. Courts also agree in requiring severe emotional distress (Mallor, Barnes, Bowers, & Langvardy, 2014, p. 183). In this case, the defendant could express to the court how the plaintiff treated her at the workplace because of the accusations of her co-worker. Part of her defense could be sleepless nights, stress therapy, and any anxiety medication that her doctor may have put her on.

Independent Contractor vs. Employee

When a business or employer hires a person as an independent contractor, there are aspects of the position that are different from that of a regular employee. The employer will not have the contractor go through the same training and orientations as the regular employee. Sometimes, this may be because it is a short assignment. The contracted employee does not need to know everything about a company the way a regular employee would.

According to The Yale Law Journal, “employers exert less control over the manner in which they perform their duties.” Contracted workers have not signed as many agreements to policies within the workplace as a regular employee. It is not a requirement for an employer to require a contract employee to sign the sexual harassment policy. If the company decides to forego this requirement, it will open them up to possible liabilities from regular employees. If a contracted employee makes inappropriate jokes such as in this case, the company could have been sued instead of the regular employee.











Mallor, J., Barnes, A. J., Bowers, L. T., & Langvardy, A., (2014). Business law (16th ed.). New York, NY. McGraw-Hill/Irwin

Tarantolo, D. (2006). From employment to contract: Section 1981 and antidiscrimination law for the independent contractor workforce. The Yale Law Journal, 116(1), 170-215. Retrieved from


Calculate the price
Make an order in advance and get the best price
Pages (550 words)
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with Homework Writing Services
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Computer science
Excellent report.
Customer 462881, April 21st, 2022
Entertainment & Gaming
Great work.
Customer 452441, April 29th, 2022
Business and administrative studies
Customer 460073, June 15th, 2022
Business and administrative studies
Be keen on plagiarism and grammar. Also, always follow the instructions' check-list.
Customer 453509, April 10th, 2022
Great content. Thoroughly read all instructions.
Customer 462281, April 6th, 2022
Good job!
Customer 463469, October 29th, 2022
Just impeccable!
Customer 463001, May 19th, 2022
Social Sciences
Customer 453751, June 14th, 2020
Finance/Acc related
Great job!
Customer 460073, August 14th, 2022
Classic English Literature
Good work.
Customer 460021, June 3rd, 2022
Excellent job
Customer 456821, June 30th, 2022
Good follow-up task.
Customer 459155, April 7th, 2022
Customer reviews in total
Current satisfaction rate
3 pages
Average paper length
Customers referred by a friend
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat