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Procedural Remedies as Continuing Violations and Therapeutic Jurisprudence as Best Practice to Prevent Workplace Harassment in the United States
Abstract
The well-being of adversaries and witnesses participating in workplace gender and sex discrimination actions filed under federal and state laws in the United States is generally not considered as important. These actions are typically initiated within the personal workplace where the offending conduct presumably occurred, and proceed in an already tension filled atmosphere. The effect is that the procedure itself becomes an additional violation harming claimants through overt and micro-aggressions. These practices have focused on “rule” not “relational” principles. Conventional law and policy frameworks inadequately address the harms these processes promote. This chapter will move from the limitations of rights-based regulation to a jurisprudence of imperfect obligations and vulnerability, incorporating therapeutic understandings of needs and relationships, as the more inclusive and equitable foundation of institutional practices. It offers “best practices” models in therapeutic jurisprudence as alternatives to resolve workplace conflicts.
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