Richard is starting a new security service. He tells his attorney, Kiera, that while he plans to prohibit all acts of discrimina
tion and harassment, he cannot be all places at all times. Richard asks Kiera if there is anything he can do to limit his liability. What should she tell him? a. She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors. b. She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII. c. She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability. d. She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors.
c. She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability.
Explanation:
This is most likely what Kiera should tell Richard. It is true that employers are generally liable for cases of discrimination and harassment at their own place of business. This is because such cases often indicate a lack of overview and proper management. However, one way to avoid such liability would be by having a policy offered to all employees offering to correct any offensive conduct.
The answer is D. She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability
Explanation:
By legal standard and company structure, there on what should are various policies that are documented and given to a new employees after formally been engaged by the company. These policies defines what the company will do when issues arises.
Hence, the idea Kiera telling Richard to develop a written policy on all acts of discrimination and harassment, exonerates him and his company from all issues associated with all sorts of discrimination and harassment.
He has handled over 5000 criminal cases as a former Deputy District Attorney and now offers his experience to you as a Criminal Defense Attorney. He started Luna Law to help good people who have made a mistake navigate through the confusing and often scary criminal justice system.
