Sexual Harassment

Topics: Abuse, Sexual harassment, Harassment Pages: 5 (1848 words) Published: August 23, 2013
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Sexual Harassment Report|
HRM 320: Employment Law|
Professor Myers-Nelson|
Elsa Mendoza|
8/18/2013|

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Define sexual harassment as the term is used legally.
Sexual Harassment is the advance or request for sexual favors made by one employee to another that is not welcomed or consented to including touching, joking, commenting, or distributing material of a sexual nature that an employee has not consented to and finds offensive (Moran, p.280). Explain how sexual harassment differs from gender discrimination. Sex discrimination or gender discrimination constitutes treating someone, an applicant or employee, unfavorably because of that person’s sex (Sex-Based). Sexual harassment is a form of sex discrimination that involves the requests for sexual favors, unwelcome sexual advances, and other verbal and physical harassment of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. In this case, the victim and the harasser can be either a woman or a man and the victim and harasser can be the same sex (Facts). Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment. Quid pro quo sexual harassment or vicarious liability is a situation in which a superior is demanding sexual favors from a subordinate in return for hiring, transferring, promoting, giving a raise, bonuses, lighter workload, etc. Basically it means giving something in exchange for something else and the action will inflict direct economic harm on the employee (Moran, p.277). For example, if a manager proposed to his secretary to go out on a date with him and in exchange he promised to give her a raise, this type of behavior would be considered quid pro quo sexual harassment. Provide the legal definition of hostile environment sexual harassment. Provide one example of a behavior which could be found to be hostile environment sexual harassment. Hostile environment sexual harassment is intimidating and offensive sexual conduct perpetrated by a superior or co-worker against an employee. The hostile action must be severe and pervasive so as to interfere with the performance of the employee’s work. This can include touching, joking, commenting, and distributing material of a sexual nature (Moran, p.278). For example, let’s say that John from accounting is constantly commenting to Amy, the secretary of the accounting department, how nice her breasts are and is constantly asking her out on date and Amy every time answers she is not interested and to please stop making those comments. Amy decides to report the behavior because it has gotten to be too much for her and feels very uncomfortable in the office. John’s behavior has created a hostile work environment for Amy. List the factors which contribute to a determination of whether behavior is sexual harassment. In order for sexual harassment to exist six conditions must be met. 1. The victimized employee alleging the harassment must be a member of a protected class – man or woman. 2. The complaint must be gender related.

3. The employee must not have consented to the sexual advances or participated in the hostile work environment. 4. The harassment must be based on sex.
5. The conduct complained of must have had a deleterious effect on the employee’s job. 6. The harassment must have occurred during the scope of employment (Moran, p.275). Define the standard by which "unreasonable" behavior is determined. The standard by which unreasonable behavior is determined is the reasonable person standard. The reasonable person standard is the standard of behavior expected of a hypothetical “reasonable person” (Miller, p.101). In other words, a reasonable person must...
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