1. Define the two types of sexual harassment recognized by the law. According to the book on page 386, the two types of sexual harassment recognized by the law are the quid pro quo harassment and hostile workplace harassment. Quid pro quo harassment refers to unwanted sexual advances that are carried out with the promise of a reward or the threat of punishment, depending on the victim’s response (Greene, Heilbrun, Fortune and Nietzel, 2006). This form of sexual harassment often occurs between a superior and a subordinate.
The perpetrator makes the victim choose between submitting to sexual advances or risk losing a tangible benefit (Lewis, 2001). A claim of quid pro quo harassment must meet the following criteria: a. The harassment must be based on sex; b. The claimant was subjected to unwelcome sexual advances; and c. A tangible benefit was conditional on the claimant’s submission to the unwelcome sexual advances (Lewis, 2001). Hostile workplace harassment, on the other hand, pertains to unwelcome conduct, which, in turn, changes the conditions of the claimant’s employment and create an intimidating, hostile or offensive work environment.
It does not require an impact on an economic benefit and can involve coworkers and third parties, not just supervisors. Furthermore, hostile workplace harassment is not limited to sexual advances – it can include hostile or offensive behavior based on a person’s sex (Lewis, 2001). Sexist jokes told at an office party can therefore be considered as hostile workplace harassment. An employee can make a claim of hostile workplace environment even if the conduct is not directed specifically at him or her, provided that it still impacts his or her ability to work.
Below are the following criteria for a claim of harassment based on a hostile work environment: a. The conduct was unwelcome; b. The conduct was severe, pervasive and regarded by the claimant as so hostile or offensive as to alter his or her conditions of employment; and c. The conduct was such that a reasonable person would find it hostile or offensive (Lewis, 2001). 2. Compare and contrast the rights of juveniles to that of adults. Juveniles and adults share certain constitutional rights.
According to the book on page 395, all individuals who are accused of wrongdoing, regardless of age, are entitled to the following legal privileges: a. Notice of the charges; b. The right to an attorney; c. The right to confront and cross-examine the witness against him or her; and d. The right against self-incrimination (Greene, Heilbrun, Fortune and Nietzel, 2006). Minors, however, can be searched and arrested without probable cause. Public officers in quasi-parental relationships with juveniles, such as school officials, do not need probable cause to justify the temporary detention and search of a minor.
A reasonable suspicion that a child has committed a crime is usually enough grounds for campus officials to detain and search the minor or his or her property, like a school locker. Minors likewise do not have the bail option that most arrested adults have. Juveniles who are taken into police custody are generally released to the supervision of either a parent or guardian, or detained until they can be taken before a juvenile court judge for arraignment (Bergman and Berman, 2008).
References Bergman, P. , & Berman, S. J. (2008). The Criminal Law Handbook: Know Your Rights, Survive the System (10th ed. ). Berkeley, California: Consolidated Printers, Inc. Greene, E. , Heilbrun, K. , Fortune, W. H. & Nietzel, M. T. (2006). Wrightsman’s Psychology and the Legal System. New York, New York: Thompson Wadsworth. Lewis, J. V. (2001). Sexual Harassment: Issues and Analyses. Huntington, New York: Nova Science Publishers, Inc.