Workplace Discrimination Paper
Maurice McGee
Ohio Dominican University
Workplace Discrimination Paper
In exploring the details of the case of Aguas vs. New Jersey the first notable change in policy for the New Jersey Department of Corrections came in 1999 through a new policy written which officially forbids all discrimination in the workplace as well as requires training in this new policy for all employees. The most notable part of this policy with respect to the case explored for the purposes of this research is the section on the duties that supervisors are required to ensure that the environment in the workplace in free from harassment or discrimination in absolutely any form. In this definition the fault and the purpose of an entire…show more content… They stated that an companies antidiscrimination procedures and policies can indeed be used as an effective defense in an affirmative action case to hostile work environment or sexual harassment allegations in specific instances. In coming to this conclusion the New Jersey Supreme Court referenced cases Faragher vs Boca Raton as well as referencing Burlington Industries v Ellerth. Using these the Supreme Court stated that in the case of allegations that a supervisor committed or was at fault for discrimination the company may have a strong defense in stating that exercised a practical amount of attention in attempts to halt or correct in a timely manner any alleged harassment actions or behavior. And also that the defense would hold a strong case if the accuser employee was not reasonable in their attempts to take advantage of any opportunities the employer offered to correct the allegations. But both of these instances would not be helpful in a defense case if the employer has taken any action towards the employee in a manner because of their case against the…show more content… I was disgusted with the ruling in this case, I feel as if the supervisors played a direct role in the alleged harassment the plaintiff complained of receiving. And at the very least I believe that they knew about harassment and did not take the proper precautions to end and solve the harassment issue in the workplace. I am also disgusted with the actions the Department of Corrections took in its suggestions to the plaintiff for the issue. I feel they should have given her several different options before an investigation and I feel the investigation could have also have been skewed if they were asking people her were biased on friendly to the supervisors. In many male dominated industries you find the majority groupings stick together when they are under investigation over allegations. In quoting the referencing of other case used to make this verdict one quote in an article truly stood out to me and at the least helped me gain perspective in the ruling
