Assignment 9

Harassment, OSHA, Workers' Compensation

(Materials in Week 13 Folder)

1. Sexual harassment is a form of discrimination and covered under Title VII, as well as California statutes. And let's be clear, harassment can take many forms and apply to other categories besides sex.

1. What are the two types of sexual harassment claims and what are the elements for each of these causes of action?

1. How does a plaintiff make a prima facie case of hostile environment harassment?

1. Of the two types of sexual harassment above, which will result in vicarious liability to the company for acts by supervisors or managers?

1. What is the standard for employers to be found liable for acts of harassment between coworkers?

1. What is the "affirmative defense" available to employers in cases of sexual harassment?

1. The federal Occupational Safety and Health Act (OSHA), adopted in 1970, concerns workplace safety and health in a number of ways. California also has Cal/OSHA as the state equivalent. OSHA both promulgates safety standards and enforces compliance of those standards in the workplace.

1. What are an employer's duties under OSHA?

1. What is the "general duty clause" (Section 5(a)(1)) and what are some of the current types of issues or activities that are regulated under this clause?

1. Recently OSHA attempted to use its' powers to impose a mandatory vaccination policy to address COVID.

1. What type of rule was this and what is the standard for imposing such rules?

1. This rule was legally challenged. What did the court rule regarding OSHA imposing such a rule in this situation?

3. Workers' compensationprograms address disabling injuries and illnesses which are associated with an employee's "course of employment." (similar to "scope of employment" which you have seen with vicarious liability issues) Every state has a workers' compensation system.

a. Workers' compensation is a "no fault" system. What does this mean?

b. In California, is an employee contracting COVID-19 covered by workers' comp.? What is one of the major hurdles for workers to collect workers' compensation benefits for contracting COVID?

c. What are the instances of workplace injury whereby the employee can sue for personal injury outside the workers' compensation system?

d. What benefits, in addition to workers' compensation, may be available in California for employees who contact COVID?