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Administrative leaders in government play a major role within their organizations and are responsible for ensuring the safety and well-being of the individuals under their leadership. Government leaders consist of elected officials, department heads as well as the managers and supervisors who are also instrumental in leading their departments. These leaders play a major role in implementing and enforcing laws and policies within their organizations that protect the civil rights of their peers, employees and constituents. According to the U.S. Equal Employment Opportunity Commission (EEOC), overall discrimination lawsuits have increased in recent years; Likewise, incidents of sexual discrimination and related charges have been steadily increasing since the year, 2018. Sex discrimination includes conduct that is of a sexual in nature, such as sexual jokes, photos, or touching, or requests for sexual favors, and non-sexual conduct that is based on gender (EEOC, 2023). Administrative leaders are uniquely positioned to address and prevent sexual discrimination in their workplaces. Knowledge of laws and policies as well as proper implementation of such laws will assist administrative leaders in protecting those whom they are entrusted to lead.

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Importance of Legal Guide Topic

Administrative leaders should be aware of the rise in discrimination lawsuits and how such suits impact their peers, employees and organizations as well as the laws designed to prevent discrimination in the workplace. Research supports that sexual discrimination in the workplace leads to many negative consequences; these consequences include employee outrage, loss of work productivity and increases to employee attrition; these consequences are very costly to an organization; Also, sexual assault allegations and incidents negatively impact public perceptions; leaders and/or their organizations may be perceived as inequitable or untrustworthy (Does et al., 2021; Hart, 2021). A legal guide on sexual harassment and/or discrimination in the workplace will provide guidance to help leaders mitigate risk to both their employees, all others in their work environment and their organizations. Such information will also help administrative leaders safeguard their administrations and organizations from poor public perceptions and the negative consequences that derive from such views.

Emerging Issues related to Sexual Discrimination

Virtual work environments, digital technology and social media are becoming increasingly impactful on how harassment occurs in the work environment (EEOC, 2023). Advancements in technology are changing professional landscapes and the expanding ways in which sexual discrimination can occur; furthermore, technology is impacting workplaces across all sectors and may increases the incidents of discrimination.

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The Equal Employment Opportunities Coalition (EEOC) has issued an educational resource to guide administrative leaders on sexual discrimination and other forms of discrimination in the workplace. The EEOC’s 2023 Promising Practices for Preventing Harassment in the Federal Sector, is a comprehensive set of guidelines to help leaders identify and adequately address instances of sexual harassment in the workplace.

Link to EEOC’s 2023 Promising Practices for Preventing Harassment in the Federal Sector:

https://www.eeoc.gov/laws/guidance/promising-practices-preventing-harassment

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Article 1:  Sexual harassment is as common today for women in the workplace as 5 years ago, study finds

News Periodical/Source: CBS News

·         Despite women constituting half of the labor market, sexual harassment in the workplace has not improved for women in over five years.

·         40% of working women experiencing sexual discrimination during their careers; this discrimination ranges from sexist jokes to obscene comments being directed toward them.

·         A women’s age does not impact or diminish the likelihood of her experiencing sexual harassment; women under 30 are just as likely to experience sexual harassment as women over 30.

·         Only about half of women today feel confident that their employers would effectively deal with harassment if they reported it.

·         Despite the sexual harassment issues in the workplace, women have remained ambitious and continue to make career progress but still lag behind men with regards to promotional opportunities.

Link:

https://www.cbsnews.com/news/women-workplace-mckinsey-leanin-2024-report-sexual-harassment/

Citation:

Picchi, A. (2024) Sexual harassment is as common today for women in the workplace as 5 years ago, study finds. CBS News. https://www.cbsnews.com/news/women-workplace-mckinsey-leanin-2024-report-sexual-harassment/

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News Periodical/Source: National Public Radio (NPR)

Article 2: Victims of Harassment by Federal Judges Often Find the Judiciary is above the Law

·        Despite long-standing, enforceable policies protecting its employees against discrimination and retaliation consistent with federal employment discrimination statutes applicable across congressional and executive federal branches, the judiciary does not treat sexual harassment cases involving judges the same as others; annual reports about complaints against judges contain no names (just numbers); justice is much slower than what is typical for such cases;  the court system does not make it clear if the complaints have merit and court finds ways to prevent these cases from becoming  public knowledge

·         Sexual harassment issues are present at all levels of government and no official, and discrimination laws apply to individuals regardless of status, however, certain powerful individuals in government seem to enjoy immunity from punishment or corrective action for sexual discrimination; Judges accused of sexual harassment are often able to quietly resign and enjoy lifetime tenure or retire and keep their pension

·         Victims of powerful governmental officials are subject to injustices such as retaliation or the loss of job opportunities after coming forward with allegations; a judge's word of recommendation or warning, carries enormous weight and may negatively impact a lawyer's career long-term

·         Efforts of the Government Accountability Office (GOA) and the National Academy of Public Administration to audit the judiciary's workplace policies and actions to protect employees, clerks and judges have been unsuccessful; therefore, there is still little public data available about the judiciary's systems to prevent abuse of employees. Congress will not pass legislation to address sexual discrimination in the judiciary without the adequate data or appropriate reviews of the judiciary.

Link:

https://www.npr.org/2024/04/30/1247796812/federal-judges-harassment-clerks

Citation:

Johnson, C. (2024). Victims of harassment by federal judges often find the judiciary is above the law. NPR. https://www.npr.org/2024/04/30/1247796812/federal-judges-harassment-clerks

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Slide #6 Original Sources of Law: Constitutional 

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Slide #6 Original Sources of Law: Constitutional 

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U.S. Constitutional Law

Source of Law: Constitutional

Reference List Citation: U.S. Const. amend. XIV.

In-Text citation: (U.S. Const. amend. XIV.)

Link to full text: https://constitution.congress.gov/constitution/

Brief Summary: The 14th amendment of the Constitution provides equal protection for all U.S. citizens and due process of law; therefore, no state can "deny to any person within its jurisdiction the equal protection of the laws or deprive any person of life, freedom, or property without due processes of law (U.S. Const. amend. XIV.). The U.S. Constitutional law is the premise for all discriminatory laws in the U.S.; therefore, anti-discrimination practices in the workplace stem from the foundational and/or constitutional law.

Texas Constitutional Law

Source of Law: Constitutional

Reference List Citation: Tex. Const. art. 1, § 3(a)

In-Text citation: (Tex. Const. art. 1, § 3a)

Link to full text: https://statutes.capitol.texas.gov/docs/cn/htm/cn.1.htm#:~:text=Equality%20under%20the%20law%20shall,7%2C%201972.)

Brief Summary: The Texas Constitution, Article 1, Bill of Rights, addresses issues of discrimination and prohibits unequal treatment under the law because of sex, race, color, creed or national origin; Also, Texas Constitution's Article 1, Section 3a is self-operative (Tex. Const. art. 1, § 3a). Furthermore, this Texas Constitutional law reinforces and upholds anti-discrimination clauses in the 14th amendment of the U. S. Constitution and protects Texas citizens from undue harm related to immutable characteristics in all context including pre-employment and the work environment.

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Slide #7 Original Sources of Law: Federal and State Statutory 

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Slide #7 Original Sources of Law: Federal and State Statutory 

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Federal Statutory Law

Source of Law: Statutory Law

Reference List Citation: Civil Rights Act, 1964, 42 U.S.C. 2000 et seq.

In-Text citation: (Civil Rights Act, 1964)

Link to full text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim

Brief Summary: Title VII of the Civil Rights Act, 1964 is a federal law that prevents employment discrimination; Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on immutable characteristics including race, color, religion, sex and national origin. Furthermore, Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment.; This law also started the Equal Employment Opportunities Commission (EEOC) (Civil Rights Act, 1964; Protections, 2021; Major Laws, 2023).The federal statutory law upholds the U.S. Texas Constitution and protects employees and potential employees from the ills of discrimination during pre-employment and employment as well as termination.

State Statutory Law

Source of Law: Statutory Law

Reference List Citation: Tex. Lab. Code § 21.001 et seq.

In-Text citation: (Tex. Lab. Code § 21.001)

Link to full text: https://statutes.capitol.texas.gov/docs/LA/htm/LA.21.htm

Brief Summary: Texas Labor Code, § 21.001 et seq., covers employers with at least 15 employees and protects against discrimination based upon race, color, gender, national origin, religion, age, and disability. Also, the statute does not expressly state that an employee under 15 is not liable in a claim or lawsuit; therefore, employers with less than 15 employees may still face liability. The act was previously known as formerly known as the Texas Commission on Human Rights Act. (Tex. Lab. Code § 21.001; Major Laws, 2023). This state statute is in alignment with federal laws that protect employee rights and is designed to prevent discrimination in the work environment and hiring process.

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Slide #8 Original Sources of Law: Judicial 

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Slide #8 Original Sources of Law: Judicial 

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Source of Law: Judicial

Reference List Citation: Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)

In-Text citation: (Price Waterhouse v. Hopkins, 1989)

Link to full text: https://www.supremecourt.gov/

Brief Summary: Price Waterhouse v. Hopkins, 1989, prohibits employers from applying sex-specific policies according to their employees' sex rather than their gender identity; (Price Waterhouse v. Hopkins, 1989). Price Waterhouse v Hopkins, 1989 upholds constitutional and statutory law pertaining to discrimination in the workplace and protects against the creation of discriminatory policies that harm employees. Moreover, the judicial law also exemplifies that federal and state discriminatory laws are far-reaching and can be utilized by the judicial system to provide protections for immutable characteristics of all individuals in a constantly evolving society. As an administrative leader, knowledge of discriminative policy will be valuable to my success in creating and implementing policy that respect and uphold employee’s civil rights.

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Slide #9 Original Sources of Law: State Administrative Law

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Slide #9 Original Sources of Law: State Administrative Law

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State Administrative Law

Source of Law: Administrative Law

Reference List Citation: Health and Human Services, 1. Tex. Admin. Code § 395.11

In-Text citation: (1 T.A.C. § 395.11)

Link to full text: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=395&rl=11

Brief Summary: Texas Administrative Code, Rule 395.11, prohibits employers from discrimination in the administration and operation of a Health and Human Services (HHS) program or service on the basis of race, color, national origin, sex, age, disability, religion, or, for the Supplemental Nutrition Assistance Program (SNAP) only, political belief; and retaliation against an individual because the individual opposed discriminatory practices. The state administrative law also mandates that employers provide accommodations to employees based on immutable characteristics, and educate the public and employees on civil rights and other relevant matters (1 T.A.C. § 395.11). The administrative law is designed to protect employees in the workplace and advise employers on the best practices for administrative leadership as it relates to employee rights. As an administrative leader in Texas local government, Texas Administrative Codes pertaining to the administration of programs and services will be pertinent to my leadership practice and prevent me from causing undue hardship to my employees. Also, the emphasis placed on providing public information and increasing awareness of civil rights to fulfill my roles as public servant and educator to my employees and constituents.

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Slide #10 Policy from the McLennan County Organization: Administrative law

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Slide #10 Policy from the McLennan County Organization: Administrative law

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The McLennan County Policy Against Sexual Harassment § 3.02 (e), sexual harassment investigation and corrective action, aligns with the federal law, aligns with Title VII of the Civil Rights Act of 1964 and was designed to protect the civil rights of employees. The policy prohibits sexual harassment and misconduct in the workplace and advises all employees that sexual discrimination will be handled thoroughly; the process begins with an investigation of all parties involved and gathering of information. The end result is corrective and/or disciplinary action (including termination) for perpetrators of sexual discrimination at the completion of the investigation (McLennan County, 2023). At the local governmental level, there are policies in place to operationalize federal and state laws pertaining to sexual discrimination in the workplace; these laws protect employees and employers.

Citation:

McLennan County Employee Handbook (2023). McLennan County Employee Handbook: Employee Handbook. https://www.mclennan.gov/DocumentCenter/View/

Link:

https://www.mclennan.gov/1210/McLennan-County-Employee-Policy-Guide

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ASPA Code of Ethics, 7, Promote Ethical Organizations, encourage governmental leaders to “Strive to attain the highest standards of ethics, stewardship, and public service in organizations that serve the public” (ASPA Code of Ethics, 2013). Researchers purport that organizations can prevent sexual discrimination in the workplace by reshaping the contexts and cultures supporting it (Cortina & Areguin, 2021). Governmental leaders and organizations who uphold the ASPA Code of Ethics, 7, to strive to attain the highest standards of ethics, effectively contribute to equity in their workplaces and have the potential to create a work culture where sexual misconduct cannot thrive.

Link to ASPA code of ethics:

https://www.aspanet.org/ASPA/ASPA/Code-of-Ethics/Code-of-Ethics.aspx

Padlet Slide #12 Non-Law Source: Identify any book/website/report that is from a non-law source (does not represent the four sources of law) helpful for professionals in your field to learn about your topic. Include the citation, link, and a 2-3 sentences about the resource and how it informs your topic.

The National Sexual Violence Resource Center (NSVRC) website is a great resource for professional to learn more about the prevention of sexual harassment in the workplace.  NSVRC also provides research and trends into best practices to help individuals, professionals, communities and service providers achieve real and lasting change in their environments

Link : https://www.nsvrc.org/

Citation :  National Sexual Violence Resource Center. (n.d.). National Sexual Violence Resource Center. https://www.nsvrc.org/

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The National Sexual Violence Resource Center (NSVRC) website is a great resource for professional to learn more about the prevention of sexual harassment in the workplace.  NSVRC also provides research and trends into best practices to help individuals, professionals, communities and service providers achieve real and lasting change in their environments

Link : https://www.nsvrc.org/

Citation :  National Sexual Violence Resource Center. (n.d.). National Sexual Violence Resource Center. https://www.nsvrc.org/

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Slide #13 Recommendations / Best Practices for Compliance:

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Slide #13 Recommendations / Best Practices for Compliance:

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Recommendations to Governmental Administrative Leaders: Sexual Discrimination

·         Women are disproportionately affected by sexual harassment yet many are not confident that their leaders to handle these matters properly (Picchi, 2024). Leaders should communicate with those under their leadership about the seriousness of sexual discrimination to educate their employees and express their priority to protect their employees from such conduct to inspire confidence in their abilities to handle such matters.

·         Sexual harassment and/or discrimination is present at all levels of government. Without proper enforcement of the laws and policies in place to safeguard employees from sexual discrimination and other abuses, sexual discrimination can become rampant and create great inequities in the workplace (Johnson, 2024; Cortina & Areguin, 2021). Administrative leaders should ensure that they are compliant with sexual discrimination laws at every level and are effectively enforcing these laws to adequately protect others and gain trust as a leader.

·         Powerful governmental figures or officials may have certain protections in place to safeguard them from the many types of corrective actions for sexual misconduct (Johnson, 2024). Regardless of an individual’s status or position within an organization, perpetrators of sexual discrimination should not be immune to corrective or disciplinary action including termination; Administrators should abide by the ASPA code of ethics (ASPA Code of Ethics, 2013) and the principle that “No one is above the law” and understand that this principle applies to them as well.

·         Administrative leaders should act in accordance with ASPA code of ethics and treat all individuals with fairness, justice, equality and respect as well as demonstrate personal integrity and promote ethical organizations; Administrators have the potential to create work environments where sexual discrimination cannot take root or survive (Code of Ethics, n.d.; Cortina & Areguin, 2021).

·         Administrative leaders should be aware of emerging issues related to sexual harassment. Virtual work environments, digital technology and social media are becoming increasingly impactful on how harassment occurs in the work environment (EEOC, 2023). Administrative leaders should be aware of how technology is impacting their workplaces and attuned to increases of discrimination related to technological advances.

·         Public administrators are called to uphold the law and create equity in their work environment (ASPA Code of Ethics, 2013). In order to uphold the law, administrative leaders must be knowledgeable about the laws pertaining to discrimination in the workplace and committed to remaining current on changes in legislation that impact their employees or others in their work environment; such information will also empower leaders to ensure their organizations are in alignment with federal and state mandates and make appropriate recommendations to responsible for policy implementation. Furthermore, administrative leaders can protect their employees from the harms of sexual misconduct and mitigate their organizations’ risk or prevent consequential damages such as civil suits and dissenting public perceptions.

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ASPA Code of Ethics. (2013). ASPA Code of Ethics. https://www.aspanet.org/ASPA/ASPA/Code-of-Ethics/Code-ofEthics.aspx

Civil Rights Act, 1964, 42 U.S.C. 2000 et seq.

Cortina, L. M., & Areguin, M. A. (2021). Putting people down and pushing them out: Sexual harassment in the workplace. Annual Review of Organizational Psychology and Organizational Behavior, 8(1), 285-309.

Does, S., Gundemir, S., & Shih, M. (2021, August 27). Research: How Sexual Harassment Affects a Company’s Public Image. Harvard Business Review. https://hbr.org/2018/06/research-how-sexual-harassment-affects-a-companys-public-image

EEOC Announced Year-End Litigation Round-Up for Fiscal Year 2023. (2023). US EEOC. https://www.eeoc.gov/newsroom/eeoc-announced-year-end-litigation-round-fiscal-year-2023

Hart, C. (2021). Study: When leaders take sexual harassment seriously, so do employees. Harvard Business Review. https://hbr.org/2018/12/study-when-leaders-take-sexual-harassment-seriously-so-do-employees

Health and Human Services, 1. Tex. Admin. Code § 395.11

Johnson, C. (2024). Victims of harassment by federal judges often find the judiciary is above the law. NPR. https://www.npr.org/2024/04/30/1247796812/federal-judges-harassment-clerks