Sexual Harassment Paper

Topics: Equal Employment Opportunity Commission, Employment, Quid pro quo Pages: 5 (1753 words) Published: April 21, 2014
Sexual Harassment Paper
HRM320: Employment Law
Prof. Mary Myers-Nelson
DeVry University Online

Define sexual harassment as the term is used legally.
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.” (sexual harassment. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Sexual harassment comes in several different forms from words to touching to gestures something that is present from one person to another person sexually that is not wanted by the other person. This normally makes one person feel uncomfortable in the workplace causing an employee to not feel comfortable at work which all employees have the right to feel comfortable and safe in the workplace. Explain how sexual harassment differs from gender discrimination. Sexual harassment is the act of sexual advances from one person or group of people to another person or group of people whereas gender discrimination is when a person is not afforded the same opportunities as another solely based on the gender male or female. Gender discrimination is unlawful and protected under the Title VII of the Civil Rights Act of 1964, “It shall be an unlawful employment practice for an employer -(1) to fail or refuse to hire or to discharge any individual, or otherwise 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; or” (Title VII of the Civil Rights Act of 1964 SEC. 2000e-2. [Section 703]) 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. According to The U.S. Equal Employment Opportunity Commission, “EEOC's Guidelines define two kinds of sexual harassment: "quid pro quo," in which "submission to or rejection of [unwelcome sexual] conduct by an individual is used as the basis for employment decisions affecting such individual,"( The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) An example of this would be when a person sexually harassment another employee but the employee that is receiving the sexual harassment does not do anything about it when they allow this to happen where as another employee would not allow and this employee is then promoted to a better position due to allowing the sexual harassment to go on this person was granted special rewards for allowing the sexual harassment or even acting on the sexual harassment to be promoted, this can also work the opposite way as well say the employee that was sexually harassed file a complaint confronts the person doing the sexual harassment then this person is not promoted or given a raise that is due based on them not allowing the sexual harassment to continue. 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. The 2nd kind of sexual harassment defines by The U.S. Equal Employment Opportunity Commission is "hostile environment," in which unwelcome sexual conduct "unreasonably interfer[es] with an individual's job performance" or creates an "intimidating, hostile or offensive working environment." ,"( The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) In the hostile environment the person receiving the sexual harassment feels they must allow this to continue and/or comply with the sexual requests all to keep the job they have and/or to continue to receive raises and promotions, even though the employee does not want to do this they have the feeling of pressure and fell they have no other options. List the factors which contribute to a determination of whether behavior is sexual harassment. 1.The victimized employee alleging sexual...


References: sexual harassment. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Retrieved February 16 2014 from http://legal-dictionary.thefreedictionary.com/sexual+harassment
Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity Commission Retrieved February 16 2014 from http://www.eeoc.gov/laws/statutes/titlevii.cfm
The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) Retrieved February 6 2014 from http://www.eeoc.gov/policy/docs/sexualfavor.html
The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) Retrieved February 6 2014 from http://www.eeoc.gov/policy/docs/sexualfavor.html
Employment Law for DeVry University [VitalSouce bookshelf version]. Retrieved from http://devry.vitalsource.com/books/9781256431671/id/ch11lev1sec1
Severe. (n.d.). Merriam-Webster.com. Retrieved February 16, 2014, from http://www.merriam-webster.com/dictionary/severe
Pervasive. (n.d.). Merriam-Webster.com. Retrieved February 16, 2014, from http://www.merriam-webster.com/dictionary/pervasive
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