Forms of Discrimination : Sexual Harassment |
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Sexual harassment is a serious problem in America. It is not just the victimized employees who experience the crushing emotional injuries of sexual harassment for a long time, nor is it just the harasser who feels for years to come the sting of laws that prohibit sexual harassment. In a society with attention focused on eliminating sexual harassment, how do we learn to draw the line between acceptable behavior and unlawful harassment? How do we define sexual harassment? How does a court review a sexual harassment claim?
Definition
In the federal context, sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Accordingly to the Equal Employment Opportunity Commission (EEOC) "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
There are two different types of sexual harassment claims, although the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years:
Quid Pro Quo: Sexual harassment that occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
Hostile Work Environment: Sexual harassment that occurs through the presence of demeaning or sexual photographs, jokes or threats. The inappropriate behavior or conduct must be so pervasive as to, as the name implies, create an intimidating and offensive work environment.
Each state is different with regard to protections against sexual harassment. For example, Alabama allows for an employee to sue an employer for sexual harassment based on a theory of invasion of privacy. Vermont law, in comparison, requires every employer to adopt a policy against sexual harassment. Other states have no specific law prohibiting or punishing sexual harassment.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome. It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.