Reply to the group’s discussions

Need help with my Business Law question – I’m studying for my class.

Choose which discussion is the best answer and why you think that. Also, write something that you want to add or edit to their discussions. Please write in 1st point of view.

The questions of discussions were about:

Some day, your group is going to own a popular nightclub. When you do, you’re going to have to decide what to do about sexual harassment in the club. As a group, write the sexual harassment policy for your club. Your policy should have the following four sections. You can use bullet points if you want, but make sure you include everything you’ll need to prevent harassment and to avoid liability if it does happen.

1. is the nightclub liable if employees are harassed at work? hint: maybe … it depends

2. what action will you take to prevent sexual harassment in your club?

3. how will employees be able to report incidents of sexual harassment?

4. what will you do when an employee reports an incident?

And here is group members discussions to reply. Again, please write in 1st point of view.

Member 1 :

Our club maintains a strict zero tolerance policy for sexual harassment.

If employees are harassed at work, we may be liable for it depending on the situation. If the harassment is coming from a fellow co-worker or other employee at the club than the nightclub is liable. If employees are being harassed by customers and guests, than the nightclub is not liable.

In order to prevent sexual harassment in our nightclub, there will be a strict zero tolerance in place for sexual harassment. ALL employees including managers and upper level employees must attend our anti-sexual harassment seminars and training simulation exercises. We will also encourage our employees to speak up when they encounter any type of inappropriate behavior so management can handle the issue before it escalates any further.

Employees will be able to report inappropriate misconduct in the workplace by contacting their manager or supervisor. They can also report any incidents to our human resources manager.

When an employee reports an incident, we will immediately investigate the issue at hand and proceed accordingly. We as owners of the club are obligated to ensure a safe working environment for our employees and due to the fact that we enforce a strict zero tolerance policy in regards to sexual harassment, any employee who violates it the policy will face immediate termination.

Member 2:

1. Our nightclub will only be liable on a case by case basis. If the harassment occurred by a guest, we will not be liable. Majority of the time, we will be held liable for harassments that occur at work amongst the employees. However, it will then also depend whether it has a burden of proof. Overall, we would like to enforce a strict policy of no harassment throughout our work environment.

2. We will have zero tolerance for sexual harassment that occurs among the employees and guests. A guest will be kicked out and possibly sent to security depending on the severity of the situation. For employees, it will lead to termination. During training, employees are required to sign a form of consent that explains that any form of harassment will lead to termination because that is not the culture we follow in our nightclub.

3. The employees may speak with their immediate supervisor, manager, or an anonymous hotline. We do want to provide them with the option to speak with someone directly, but also want to provide them with the option to keep it anonymous. The hotline will be the nightclub’s HR team who will then follow up.

4. If an employee reports an incident, I will respond immediately. I will check cameras, speak with the employee more privately to confirm additional details, and speak with others within my management team (unless the team consists of the one who is involved in the harassment issue). To show that our nightclub does not allow any form of harassment, I need to actively show that I am trying to make progress in order to help him or her. I will speak with the one who harassed the employee privately as well to hear both sides of the story and to ensure any false accusations, in case. Most importantly, I will try my best to solve this discreetly so that the employee who reported the incident does not get unwanted attention from others.