Sexual Harassment: You Decide Case Study

Sexual Harassment: You Decide Case Study

Teaching Notes:

(1) What body of laws governs sexual harassment in the workplace?

(2) What is the difference between express and implied sexual behavior?

(3) Why are supervisors and not fellow employees subject to liability for quid pro quo sexual harassment?

4. What is the difference between quid pro quo harassment and hostile work environment harassment

There are two types of sexual harassment. The first is known as quid pro quo. The definition for quid pro quo is something given or done in exchange for something else. In quid pro quo harassment, the harassment results in an employment action. This harassment occurs when employment decisions are based on an employee's submission to or rejection of sexual advances, requests for sexual favors or other sexual nature behavior. Some examples of quid pro quo are: In exchange for a promotion or raise a sexual favor is demanded, Firing or disciplining an employee who ended a romantic situation and if a supervisor tells an employee that she/he will be fired for not being sexually cooperative

For the harassment to be considered quid pro quo the harasser must be in a position to influence employment actions. Employers are held liable for quid pro quo harassment since they are responsible for the actions of supervisors, managers and agents. It can be deemed that these individuals were acting directly on behalf of their employer.

The second type of sexual harassment is hostile work environment harassment. There are all types of behavior that can create what employees deem a "hostile work environment." Anyone can create a hostile work environment and in this situation the harasser does not have to be a supervisor. a hostile work environment is caused by unwelcome conduct in the workplace. It must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex; or it must be caused by retaliation in violation of a discrimination law. Discussion of sexual activity, unwelcome touching, indecent gestures, sexual jokes and the use of rude and crude language falls under the umbrella of hostile work environment. The behavior must be so "pervasive or severe" that a reasonable person would find it hostile or abusive.

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