2 Submission to or rejection of such conduct by an individual is used as the

2 submission to or rejection of such conduct by an

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2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual 3) Such conduct has the purpose of unreasonably interfering with an individual’s work performance or creating an intimidating, offensive, or hostile work environment. Based on a recent U.S Supreme Court decision, sexual harassment does not apply solely to relations between men and women Employees can file discrimination suits claiming harassment by those of the same sex (claim made by offshore oil rig worker) Two 1998 U.S Supreme Court decision have further clarified the law on sexual harassment Burlington Industries versus Ellerth The employee accused her supervisor of quid pro quo harassment She was propositioned by her boss Threatened with demotion if she did not cooperate Faragher versus City of Boca Raton Employee accused the employer of condoning a hostile work environment She quit her job as a lifeguard after receiving verbal insults from other lifeguards Three main methods have been established to prove sexual harassment Quid Pro Quo o Rejecting a supervisor’s advances adversely impacts the employees tangible benefits including pay and promotion Hostile Environment Created by Supervisors o The existence of the hostile environment without tangible consequences is enough o In one case the employee proved emotional and psychological trauma even though there was no “ loss of pay, promotion, or status o Performance was still hindered due to the hostile environment o In another case, female employees were required to wear a provocative uniform though equal peer male counterparts were not o The employer could not show there was a job related necessity for the uniform for females only Hostile Environment Created by Co-Workers or Non-Employees o The advance don’t have to be made by the supervisor to qualify as sexual harassment o The employer is liable for the harassing acts of its non-supervisory employees if the employer knew or should have known of the conduct Courts do not interpret as sexual harassment any consensual sexual relationships that arise during the course of employment but that do not have an impact on that employment What Should Employers Do To Minimize Liability Do not allow harassment of any type Don’t place employees in a position that invites harassment Take all complaints seriously
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Issue a strong policy statement condemning such behavior Inform all employees about the policy prohibiting sexual harassment and of their rights under the policy Develop and implement a legitimate complaint procedure Establish a management response system that includes an immediate reaction and investigation by senior management Begin management training sessions to increase awareness Discipline managers and employees involved in sexual harassment Keep thorough records of complaints, investigation, and actions taken Conduct exit interviews that might uncover complaints
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  • Fall '14
  • DAVIDRITCHEY
  • Discrimination, Equal Employment Opportunity Commission, employment opportunity laws

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