Sexual harassment
is considered an illegal form of gender discrimination under Title
VII, as well as under some state-specific anti-discrimination
laws. While sexual harassment can involve actual requests or
bribes by supervisors to employees for sexual favors (which is
referred to as quid pro quo harassment), it more often involves
conduct by a supervisor, co-worker or non-employee that creates a
hostile, offensive or intimidating work environment because of the
employee’s gender.
An employee can establish a hostile work
environment if he or she can show: (1) membership in a protected
class; (2) that he or she was subjected to unwelcome harassment;
(3) a causal connection existed between the harassment the
employee suffered and the employee’s membership in the protected
group; and (4) that the harassment was sufficiently severe or
pervasive to affect a term, condition or privilege of employment.
Unwelcome conduct may be directly sexual in nature, such
as comments about an employee’s clothing, looks, marital status,
or the the like. Non-sexual conduct of an employer, however, may
also be actionable if the conduct is directed to the employee
because of his or her gender. For example, if a supervisor uses
vulgar or demeaning names when referring to women, but not when
referring to men, such conduct would likely be actionable.
Employers are strictly liable for a supervisor’s harassment of
an employee where the employee is subjected to a tangible
employment action, such as termination, demotion or even an
undesirable change in hours. Employers
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are also vicariously liable for a
supervisor’s harassment in situations where no adverse employment
action is taken against the employee, but the employer has an
affirmative defense in this scenario if it can show that (1)
exercised reasonable care to prevent and promptly correct any
sexually harassing behavior and that (2) the employee victim
unreasonably failed to take advantage of any preventative or
corrective measures or opportunities provided by the employer.
Explore Further:
Wrongful Termination
Unpaid Overtime Claims
Unpaid Wage Claims
Family Medical Leave Act
Severance Agreements
Covenants Not to Compete
Sexual Harassment
Discrimination
Retaliation
Defamation
Breach of Contract
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