Comm 167 Final

Comm 167 Final - V inisha Vazdani Communications 164 P...

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Vinisha Vazdani Communications 164 Professor K. Fink Please explain the interplay between the law on sexual harassment and the creative necessity defense. Do you agree with the defense set forth in Lyle? The law on sexual harassment under the Fair Employment and Housing Act (FEHA), and similarly Title XII of the Federal Civil Rights Act of 1964, makes it unlawful for an employer to discriminate against any person because of their sex, in “terms, conditions, or privileges of employment” (pg. 4), in order to guarantee that employees regardless of their sex will enjoy a discrimination-free workplace. In an effort to create a balance of the ease at which an employee can allege such claims, the United States Supreme Court requires an employee alleging harassment based on a hostile environment, to show that the ‘harassment’ they had had to encounter was severe enough or sufficiently pervasive enough to negatively affect their terms of employment “and create a work environment that qualifies as hostile or abusive to employees because of their sex”. The creative necessity defense interplays with sexual harassment claims, when the
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This note was uploaded on 08/11/2011 for the course COMM 167 taught by Professor Malamuth during the Winter '09 term at UCLA.

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Comm 167 Final - V inisha Vazdani Communications 164 P...

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