Sexual harassment is unwelcome behavior of a sexual nature that makes one feel uncomfortable, fearful or powerless, and interferes with work. Sexual harassment can happen to anyone; male or female, student or adult employee. Sexual harassment has been at the forefront of businesses for years whether it has been brought to court or settled under mediation, it is a constant in our society today.
In 1964 Title VII was established in order to prohibit sex discrimination in employment, this didn’t include sexual harassment. After four cases of “non-sexual harassing” acts deemed sex discrimination sexual harassment was finally recognized in 1986. In the Meritor Savings Bank, FSB v. Vinson case the Supreme Court saw it as a violation of Title VII and established the standards for analyzing whether the conduct was welcome and levels of employer liability. Finally in 1988 the first-class action sexual harassment lawsuit was filed on behalf of a Minnesota mining employee who described a pattern of harassment and abuse beginning when she went to work there in 1975 in the case of Jensen v. Eveleth Travonite Co. From then sexual harassment would be disputed and fought in court under the Title VII in order to protect the character and capacity of others.
The constitution of sexual harassment include the submission to unwelcome sexual advances, requests for sexual favors etc. either explicitly or implicitly as a term or condition of an individual’s employment, submission to or rejection of such conduct by an individual used as the basis for employment decision affecting such individual or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
The EEOC guideline divides sexual harassment into two different types which is quid pro quo, hostile-environment, and litigation. Quid pro quo is the easiest kind of sexual harassment to understand. In Latin it means “something for something” this simply means that an employer or other person in a position of power is demanding sexual favors in return for advancement or as the grounds for some other employer decision. In order to establish this case, individual employees have to show that they were subjected to unwelcomed conduct of a sexual nature, that the conduct was based on their gender, and the individual employee’s reaction to the unlawful conduct was used as the basis for an employment selection. An example of quid pro quo would be a boss demanding his employee to perform sexual conduct with him in return for a promotion. Although quid pro quo is the easiest type of harassment to prove it is also uncommon compared to the other type of sexual harassment.
Hostile-environment sexual harassment is created in situations in which an employee is subject to unwelcome verbal or physical sexual behavior that is either extreme or widespread. There is no threat to employment in this kind of...