Sexual Harassment Laws Against Sexual Harassment In the Workplace in the United States
Sexual Harassment Laws Against Sexual Harassment In the Workplace
Introduction to Sexual Harassment Laws Against Sexual Harassment In the Workplace
Title VII prohibits sex discrimination by an employer with respect to compensation, terms, conditions, or privileges of employment. The EEOC, which enforces Title VII, has issued guidelines that help define what constitutes unlawful sexual harassment. According to these guidelines, unwelcome sexual advances, requests for sexual favors, and verbal or physical sexual conduct constitute unlawful sexual harassment under any of three conditions: (1) submission to the conduct is either implicitly or explicitly made a term or condition of employment; (2) submission to or rejection of such conduct is used as a basis for employment decisions; or (3) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. The key element that makes the sexual behavior unlawful in each case is that it is unwanted by the recipient. For example, sexual jokes and flirting may be acceptable in the workplace under some circumstances; however, if these behaviors are unwelcome, they may constitute sexual harassment.
A person who believes he or she has experienced sexual harassment on the job has a limited period of time in which to file a complaint with the EEOC. After the EEOC investigates the matter, it issues a right to sue letter, regardless of its conclusions about the matter. The victim then has 90 days to file a lawsuit against the employer in federal court. If he or she is successful in the lawsuit, the victim can receive up to $300,000 in compensatory damages for each incident of unlawful harassment, as well as back pay, attorneys’ fees, and possibly additional money damages under state or local law. If the victim was fired or did not receive a promotion as a result of the harassment, the court may order reinstatement or promotion. The court may also order the harasser to discontinue the unlawful conduct.” (1)
Resources
Notes and References
- Information about Sexual Harassment Laws Against Sexual Harassment In the Workplace in the Encarta Online Encyclopedia