Sport Law Test 3
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Sexual harassment
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Estimated that 71% of women will be subject to sexual harassment in the
workplace
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Over 17,000 claims per year
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1-2% are frivolous claims
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Low esteem, morale; absenteeism, turnover, psychological damage
o
Applicable Laws
Title VII of the Civil Rights Act
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Requires workplace free of harassment
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EEOC
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Title IX – education programs and activities
State – Florida civil rights act
Civil action – compensatory and punitive damages
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Two Types
Quid Pro Quo – power
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Salary, promotion, dismissal, grades, playing time
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A single advance could be sexual harassment
Creating a HOSTILE ENVIRONMENT
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Single incident typically doesn’t create it
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Title VII and sexual harassment
Employer has the responsibility to provide a workplace free of harassment
Unwelcome sexual advances, request for sexual favors, and verbal or
physical contact of sexual nature…when submission to such conduct is
made explicitly or implicitly a condition of employment or the basis for
employment decisions affecting the individual
Harassment of a sexual nature which has the purpose or effect of
unreasonable interfering with an individual’s work performance or
creating an intimidating, hostile or offensive working environment and
where the employer knew or should have known and failed to take prompt
effective remedial action
o
Hostile Environment
Does not require civility
Intent is irrelevant
An environment that a reasonable person/woman would find abusive or
offensive
Very much subjective to the person included
Frequency/severity
o
US Supreme Court Cases
Oncale v. Sundowner Offshore Services – 97
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Oil right
prohibits same sex harassment
Faragher v. Boca Raton – 98
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Lifeguard
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Gebser v. Lago Vista School District – 98
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Sex with student
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Problem with Title IX, it must be shown that school acted with
deliberate indifference
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Respondeat superior – employers are potentially liable for sexual harassment
when the employer knew or should have known and did not take immediate
corrective action
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Prevention
Develop a clear written policy
Require mandatory training
Ensure that the workplace is free of offensive materials
Develop specific complaint procedure
Handle all complaints seriously, promptly
Make sure commitment is at every level
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Developing written strategies
Define harassment – provide examples
Clear statement of employer’s commitment
Federal and state law
Procedure for how and who to file complaint
Statement regarding retaliation
Assure confidentiality
Those found guilty will be subject to discipline actions
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Dealing with harassment
Letter
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Factual account of what happened
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Description of how you feel
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Statement of what you want to happen
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Contract Essentials
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What is a contract?

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- Fall '11
- JohnSpengler
- antitrust laws, Sherman Antitrust Act, NCAA, Clayton Antitrust Act, United States antitrust law
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