Sexual Harassment Term Paper
As more and more women have entered the workforce in the last several decades, there has been a heightened awareness of the problem of sexual harassment. The recent rise of successful employee litigation in this area, combined with an extension of an employer's liability for acts of its supervisors and often its rank-and-file employees, has created an area of serious concern to employers. This is particularly so given the record settlements by the Equal Employment Opportunity Commission (EEOC) for claims of sexual harassment against one large company for 9.85 million and another for $34 million.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes any unwelcome advances, requests for sexual favors and any other verbal, visual, or physical conduct of a sexual nature which meets any one of the following three criteria:
1. Submission to such conduct is made either explicitly or implicitly a term condition or condition of the individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
In determining whether one of the above criteria is met, the standard to be applied is that of the reasonable victim of the same gender as the victim. For example, the perspective of a "reasonable female victim" should be applied when the victim is a woman.
It is no defense to a claim of sexual harassment that the alleged harasser did not intend to harass.
The U.S. Supreme Court has recently decided two important cases in the area of sexual harassment: Burlington Industries, Inc. v. Ellerth, Docket No. 97-569 and Faragher v. City of Boca Raton, Docket No. 97-282. These cases follow on the heels of two other recent sexual harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes any unwelcome advances, requests for sexual favors and any other verbal, visual, or physical conduct of a sexual nature which meets any one of the following three criteria:
1. Submission to such conduct is made either explicitly or implicitly a term condition or condition of the individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
In determining whether one of the above criteria is met, the standard to be applied is that of the reasonable victim of the same gender as the victim. For example, the perspective of a "reasonable female victim" should be applied when the victim is a woman.
It is no defense to a claim of sexual harassment that the alleged harasser did not intend to harass.
The U.S. Supreme Court has recently decided two important cases in the area of sexual harassment: Burlington Industries, Inc. v. Ellerth, Docket No. 97-569 and Faragher v. City of Boca Raton, Docket No. 97-282. These cases follow on the heels of two other recent sexual harassment
References: California Employment Advisor, (1999, August). Communication Solutions, (2000, May). Employment Law Bulletin, (2000, June). Fair Employment Practices Guidelines, (2000, September). Labor Law Update, 7. (2000, May). Personnel Manager 's Legal Letter, 8. (2000, July). Savage, Ellen S. (2000). 2000 California Labor Law Digest, Volume 2, 653-666. What 's Working in Human Resources, (2000, May). You & The Law, (1999, August).