Sexual Harassment
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Sexual Harassment Information

What is Sexual Harassment?
Sexual harassment is morally wrong and legally actionable. Most sexual harassment claims are made under Title VII of the Federal Civil Rights Act of 1964. It provides that "it shall be an unlawful employment practice for an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."

In a series of major decisions in 1998, the United States Supreme Court clarified and broadened the law. In a unanimous decision in March, 1998 the Court said: "When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, Title VII is violated."

The Federal Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ... when ... submission to or rejection of such conduct is used as the basis for employment decisions... or such conduct has the purpose or effect of ... creating an intimidating, hostile or offensive working environment."

IS EVERYTHING RELATED TO SEX IN THE WORKPLACE "HARASSMENT"?
No. As the Supreme Court said in a June, 1998 decision, "Sexual harassment under Title VII presupposes intentional conduct." The prohibition of harassment on the basis of sex forbids only behavior so objectively offensive as to alter the "conditions" of the victim's employment.

As the Supreme Court reiterated in June, 1998: "in order to be actionable under the statute, a sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so." Courts determine whether an environment is sufficiently hostile or abusive by "looking at all the circumstances," including the "frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance."


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