Sport Law Test 3 - Sport Law Test 3 Sexual harassment o...

Sport Law Test 3
• Sexual harassment
o Estimated that 71% of women will be subject to sexual harassment in the
workplace
o Over 17,000 claims per year
o 1-2% are frivolous claims
o Low esteem, morale; absenteeism, turnover, psychological damage
o Applicable Laws
 Title VII of the Civil Rights Act
• Requires workplace free of harassment
• EEOC
• Title IX – education programs and activities
 State – Florida civil rights act
 Civil action – compensatory and punitive damages
o Two Types
 Quid Pro Quo – power
• Salary, promotion, dismissal, grades, playing time
• A single advance could be sexual harassment
 Creating a HOSTILE ENVIRONMENT
• Single incident typically doesn’t create it
o 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
• Oil right  prohibits same sex harassment
 Faragher v. Boca Raton – 98
• Lifeguard

 Gebser v. Lago Vista School District – 98
• Sex with student
• Problem with Title IX, it must be shown that school acted with
deliberate indifference
o Respondeat superior – employers are potentially liable for sexual harassment
when the employer knew or should have known and did not take immediate
corrective action
o 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
o 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
o Dealing with harassment
 Letter
• Factual account of what happened
• Description of how you feel
• Statement of what you want to happen
• Contract Essentials
o What is a contract?