Sexual Harassment: An Employee’s Guide Module 1 The Legal Foundation Class Act Training Solutions Online Lesson - Start Here Previous Beginning Next

Module Objective Upon completion of this module, learners will be able to –Define key terms related to sexual harassment –Identify the results of landmark legal decisions regarding sexual harassment Learner mastery of the material will be measured by a progress check at the end of the module. Previous Beginning Next

Part 1: Key Terms Sexual Harassment Quid Pro Quo Hostile Work Environment Injunctive Relief Previous Beginning Next

Sexual Harassment Defined Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when this conduct is: –made either explicitly or implicitly a term or condition of employment –used as the basis for employment decisions affecting such individual –unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment Previous Beginning Next

Examples of Sexual Harassment Verbal abuse (propositions, lewd comments, sexual insults) Visual abuse (leering or display of pornographic material designed to embarrass or intimidate an employee) Physical abuse (touching, pinching, cornering) Previous Beginning Next

Quid Pro Quo Defined Quid pro quo sexual harassment takes place when a supervisor or someone with authority over your job demands sexual favors from you in exchange for his/her assistance in promoting, hiring, or retaining you. The demand for sexual favors can be express, e.g. "If you go to bed with me, I will make sure you keep your job or get a raise", or it can be implied from unwelcomed physical conduct such as touching, grabbing or fondling. Previous Beginning Next

Hostile Work Environment Defined Harassment which may constitute a hostile environment is anything that –Creates fear –Intimidates –Ostracizes –Psychologically or physically threatens –Embarrasses or ridicules –Or in some other way unreasonably over burdens or precludes an employee from reasonably performing his/her work Previous Beginning Next

Examples of a Hostile Work Environment Display of pornographic pictures or cartoons Touching and grabbing Sexual remarks or jokes The physical interference with movement Previous Beginning Next

Injunctive Relief Defined U.S. district courts are empowered to provide injunctive relief in sexual harassment cases. Injunctive relief is a court-ordered act or prohibition against an act or condition which has been requested. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money. Sometimes it is part of a lawsuit for damages. Previous Beginning Next

Part 2: Landmark Legal Decisions Title VII of the Civil Rights Act of 1964 Same-Sex Harassment Hostile Work Environment Employer Responsibility Employer Knowledge Previous Beginning Next

Title VII of the Civil Rights Act of 1964 This act is the basis for all subsequent sexual harassment law. It reads, in part, as follows: An act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. Previous Beginning Next

Oncale v. Sundowner Offshore Services: Same Sex Harassment Workplace harassment can violate Title VII's prohibition against discrimination because of sex when the harasser and the harassed employee are of the same sex. Previous Beginning Next

Burlington Industries v. Ellerth: Hostile Work Environment Under Title VII, an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suffers no adverse, tangible job consequences, may recover against the employer without showing the employer is negligent or otherwise at fault for the supervisor's actions. Previous Beginning Next

Faragher v. City of Boca Raton: Employer Responsibility An employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of the plaintiff victim. Previous Beginning Next

Williamson v. City of Houston: Employer Knowledge Williamson related incidents of sexual harassment to her supervisor. The supervisor, however, did nothing. The Court concluded that the City of Houston was deemed to have knowledge of the harassment and to have done nothing to stop it because this supervisor knew of the sexual harassment. The supervisor's knowledge was deemed to be the employer's knowledge and the lack of action of the supervisor was deemed to be the employer's lack of action. Previous Beginning Next

Progress Check You will now be given a test consisting of seven true / false questions. To successfully complete this module you must score a minimum accuracy of 85%, six of seven correct. Previous Beginning Skip Test Click here to take test

Additional Resources Stopping Sexual Harassment-An AFSCM Guide EEOC Facts About Sexual Harassment Harassment/Hostile Environment Prevention Checklist Equal Employment Opportunity Commission FindLaw Previous Beginning Next