The Law
Basis for sexual harassment claims is Title 7 of the Civil Rights Act of 1964, which makes it "an unlawful employment practice for an employer... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."
2 Basic Types of Sex Harassment
1) Quid Pro Quo Harassment
Employer/supervisor requests sexual favors in exchange for job rewards or not to lose tangible job benefits.
2) Hostile Environment
Complex and difficult to prove.
It involves unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature...
"that unreasonably interfere with an individual's job performance" or that might "create an intimidating, hostile, or offensive working environment."
Two elements must be shown, in order to constitute sexual harassment:
1) Conduct must be unwelcome.
2) One of 3 factors must be demonstrated:
i) submission to such conduct is made a term or condition of an individual's employment.
ii) submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual
iii) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
Copyright 2002, Doug Schuler
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