Sexual Harassment
Sexual Harassment
Sexual Harassment is often found in our society; acording to EEOC, it is considered a form of sex discrimination, which is a violation of Title VI I of the Civil Rights Act of 1964. The victim may be a woman or a man. The victim does not have to be of the opposite sex. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Also, the EEOC’s guideline define two types of sexual harassment: quid pro quo and hostile work environment.
1- Quid pro quo sexual harassment: the exchange of sexual favors for job benefits. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "quid pro quo" sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or (2) submission to of rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual.
To prove the exist of the quid pro quo sexual harassment, the plaintiff must have 5 elements:
1.1 Plaintiff is a member of a protected class;
1.2 Plaintiff was subject to unwelcome sexua; harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff;
1.3 Harassment complained was based on sex;
1.4 Submission to the unwelcom advances was an express or implied condition for receiving some forms of job benefits, or refusal to submit to sexual demand resulted in a tangible job detriment;
1.5 Employers knew or should have know of the harassment.
2- Hostile Work Invironment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment...
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- Date Submitted: 09/30/2008 06:46 AM
- Category: Business
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