1. Sexual Harassment and Other Forms of Employment Discrimination Chapter 13

2. Copyright © 2007 Thomson Delmar Learning Objectives Define sexual harassment and explain the two types of sexual harassment. Identify factors that contribute to a sexually hostile work environment. Identify the federal laws that impact pregnancy discrimination.

3. Copyright © 2007 Thomson Delmar Learning Identify the need for reasonable accommodation of religion in the workplace, and the impact of undue hardship on an employer. Explain the constitutionality of grooming and uniform regulations. Objectives

4. Copyright © 2007 Thomson Delmar Learning Sexual Harassment A form of gender-based discrimination –Violates Title VII of Civil Rights Act of 1964 4

5. Copyright © 2007 Thomson Delmar Learning Includes –Unwelcome sexual advances –Requests for sexual favors –Verbal or physical conduct of a sexual nature Sexual Harassment

6. Copyright © 2007 Thomson Delmar Learning Occurs when: –Submission to or rejection of this conduct affects an individual's employment –Conduct unreasonably interferes with an individual's work performance –Conduct creates an intimidating, hostile, or offensive work environment Sexual Harassment

7. Copyright © 2007 Thomson Delmar Learning Two distinct types of sexual harassment 1.Quid pro quo 2.Hostile work environment Sexual Harassment

8. Copyright © 2007 Thomson Delmar Learning Quid Pro Quo Harassment Employment opportunities or benefits –Granted or denied because of an individual's submission/refusal to submit to sexual advances or requests for sexual favors

9. Copyright © 2007 Thomson Delmar Learning Usually involves a supervisor, manager, or employer Employer is strictly liable for cases where supervisor commits quid pro quo harassment Quid Pro Quo Harassment

10. Copyright © 2007 Thomson Delmar Learning Hostile Work Environment Unwelcome sexual conduct –Unreasonably interferes with an individual's work performance –Creates an intimidating or offensive work environment –See Table 13.1 for list of conduct

11. Copyright © 2007 Thomson Delmar Learning Liability for an employer is triggered when: –Employer knew or should have known about the harassment –Employer failed to take appropriate corrective action Hostile Work Environment

12. Copyright © 2007 Thomson Delmar Learning Sexual Harassment Not limited to males harrassing females –Males harassing males –Females harassing males –Females harassing females

13. Copyright © 2007 Thomson Delmar Learning Pregnancy Discrimination Pregnancy Discrimination Act –Federal law –Prohibits employment discrimination based on pregnancy or childbirth Many states have adopted comparable laws

14. Copyright © 2007 Thomson Delmar Learning Religious Accommodation Religious discrimination is prohibited by Title VII Distinguish “not discriminating” from “accommodation”

15. Copyright © 2007 Thomson Delmar Learning Religious Freedom Restoration Act of 1993 –Required religious accommodation –Declared unconstitutional in 1997 Religious Accommodation

16. Copyright © 2007 Thomson Delmar Learning EEO recommends that employers –Provide reasonable accommodation of religious expression unless it would create undue hardship –Permit religious expression if other personal expression is permissible –Take steps to prevent religious harassment Religious Accommodation

17. Copyright © 2007 Thomson Delmar Learning Clothing, Uniforms, and Grooming Issues Involve a number of issues –Sex –Religion –Race –Disability –Freedom of expression and liberty

18. Copyright © 2007 Thomson Delmar Learning Reasonable and nondiscriminatory uniform, clothing, and grooming requirements are usually upheld –Even if requirements are different for men and women Clothing, Uniforms, and Grooming Issues

19. Copyright © 2007 Thomson Delmar Learning Exceptions for some reasons but not others can create legal issues –Allowing beards for medical reasons, but not religious, can be discriminatory –FOP v. Newark, 170 F.3d 359 (3d Cir. 1999) –Potter v. District of Columbia, Nos. 07-7163, 07- 7164 (2008–2009) Clothing, Uniforms, and Grooming Issues

20. Copyright © 2007 Thomson Delmar Learning Tattoos, Body Piercings, and Related Issues Many departments require personnel with tattoos to cover them while working and prohibit the wearing of piercings Riggs v. City of Fort Worth Inturri v. City of Hartford

21. Copyright © 2007 Thomson Delmar Learning Summary Sexual harassment Pregnancy discrimination Religious accommodation Clothing, uniforms, and grooming