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-the monitoring is relevant to the employer’s business

-the telecommunications system is provided for use partly or wholly in connection - with the employer’s business

-the employer has made all reasonable efforts to inform users that their communications will be intercepted.

Ideally, an employer should have a code of conduct or policy about surveillance. If it has been agreed with the employees, it will form part of the contract of employment and can be the basis for disciplinary action or a grievance.

Exercise 1 Find these words and word combinations in the text.

a)инвалидность, нетрудоспособность

b)выбранные для продвижения

c)соответствовать требованию

d)словесное оскорбление

e)стать жертвой

f)принимать участие в профсоюзной деятельности

g)не соответствие юридическим требованиям

h) неправосудность

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1. Discrimination is unfair treatment because of age, disability, pregnancy or maternity

leave, race, religion or belief, sex, sexual orientation or gender identity.

2. Nobody can be discriminated indirectly.

3..Harassment is not a form of discrimination

4.If you've been discriminated against at work you can make a claim to an

employment tribunal within a year.

5. A member of a trade union has the right to take part in trade union activities during

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the employee’s normal working hours.

6.Employers don't have the right to monitor their employees’ communications

7.Ideally, an employer should have a code of conduct or policy about surveillance.

Exercise 3 Complete these sentences.

1.Discrimination means ……………..

2.Direct discrimination occurs when ………………

3.Indirect discrimination occurs where ……………………….

4.Harassment is …………………………….

5.An employee has the right to join or not to join…………………………

6.Whistle-blowing is……………………………………..

Exercise 4 Match these terms and their definitions.

Exercise 5. Answer these questions

1. Should employees be refused a job, dismissed, harassed or selected for redundancy because they are a member of or wish to join a trade union?

2.Do Trade union activities t include going on strike?

3.What does whistle-blowing’ information relate to?

4.What are monitoring and surveillance only permitted by law ?

5.What is bulling?

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TEXT 5.

Harassment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where

1)enduring the offensive conduct becomes a condition of continued employment, or

2)the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.

The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.

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Unlawful harassment may occur without economic injury to, or discharge of, the victim.

Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing antiharassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.

Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that:

1)it reasonably tried to prevent and promptly correct the harassing behavior; and

2)the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.

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EEOC- the U.S. Equal Employment Opportunity Commission (EEOC) is a federal law enforcement agency, that enforces laws against workplace discrimination.

Exercise 1 Find these words and word combinations in the text.

a)юридический термин: в зависимости от конкретного случая, дифференцированно

b)нежелательное поведение

c)запугивания, оскорбления

d)мелкие обиды

e) нести ответственность за

f) устранить дискриминацию g). вмешательство в работу

h) принимать надлежащие меры

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.Harassment is unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. .

2.Petty slights, annoyances, and isolated incidents will rise to the level of illegality.

3.Offensive conduct may include offensive jokes, slurs, epithets , physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

4.Filing a complaint is the best tool to eliminate harassment in the workplace.

5. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.

6. . Employees shouldn't report harassment to management .

7. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis..

Exercise 3 Complete these sentences.

1.Harassment is ………………..

2.Harassment becomes unlawful where ……………………