Employment Sexual Harassment
Employment Sexual Harassment Guide
All employers should be aware of federal and state sexual harassment laws. Employer sexual harassment generally occurs in one of two ways, quid pro quo harassment or hostile environment. Employment discrimination on the basis of sex is specifically prohibited by federal Title VII of the Civil Rights Act of 1964; this prohibition particular covers sexual harassment in the workplace if it is serious enough to affect employment conditions.
Title VII of the Civil Rights Act of 1964 is intended to guarantee fair treatment in the workplace. This statute of federal law applies to private employers with fifteen or more employees and all federal, state and local public employers.
Quid pro quo employer sexual harassment occurs when an employer, or someone in a work supervisory position, takes action against an employee who has denied their sexual advances. This can be a boss refusing the promotion of a subordinate employee or the actual termination of employment based on the refusal to submit to a sexual advance.
Hostile environment sexual harassment has been determined to be both objective and subjective. Not only does the plaintiff in a sexual harassment case need to feel the environment is hostile, but any reasonable person must also tend to see the work situation as hostile, i.e. a jury of peers. The term “hostile” has been defined as the continuation of sexual conduct which causes a severely uncomfortable, abusive or offensive working environment.
Employers not adhering to workplace sexual harassment laws can be held accountable for their action, or lack of action, in a harassing environment. In the event of quid pro quo harassment, employers found to be at fault are completely liable to the plaintiff. In the event of hostile environment harassment, employers can be found not liable if the person experiencing the harassment failed to complain or if the employer took reasonable steps to correct the harassment. However, if the Employment discrimination or harassment was caused by the actions of the owner or president of a company, the company can be found entirely liable.
Employer sexual harassment laws are specifically designed to protect employees from unwelcome sexual advances. There are different types of harassment that can be directed toward employees. Employers need to educate themselves on both federal and state key employee laws and take employee complaints seriously when they do occur.
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