Monday, September 14, 2009

Harassment

Sexual Harassment
Interpretation of Title VII by EEOC

Quid pro - sexual activity is demanded for getting or keeping a job or job related benefit.

Hostile work environment - behavior of co-workers, supervisors, customers, or anyone else is sexual in nature and employee perceived behavior as offensive and undesirable.

Supreme Court Decisions
  • Frequency of discriminatory conduct
  • Severity
  • Physically threatening or humiliating or merely offensive utterance
  • Interferes with employee's work performance

Employer defense
  • Reasonable care to correct and prevent in timely manner.
  • Plaintiff's use of internal procedures

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