TITLE

Hostile Environment Sexual Harassment: A Clearer View

AUTHOR(S)
Bennett-Alexander, Dawn D.
PUB. DATE
March 1991
SOURCE
Labor Law Journal;Mar91, Vol. 42 Issue 3, p131
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article analyzes the concept of a hostile sexual environment in the U.S. Supreme Court case Meritor Savings Bank, FSB versus Vinson. The court's language as to what constituted a hostile sexual environment and what constituted unwelcome activity was not at all clear. Many questions were left unanswered in the Meritor decision. For several years prior to the Meritor decision, lower courts had been construing the sex category of Title VII prohibitions to include sex discrimination by way of sexual harassment. In 1980, after several such cases, the Equal Employment Opportunity Commission (EEOC) issued sexual harassment guidelines. In its 1986 Meritor decision, the Supreme Court determined that the proscription of Title VII on discrimination because of sex did indeed include discrimination by way of sexual harassment. Consistent with the EEOC guidelines, the court decided that sexual harassment occurs in two ways: (1) as a quid pro quo, where an employee is promised some work-related benefit such as a promotion, raise, training, continued employment, and others, in exchange for sexual activity; and (2) as a hostile work environment in which unwelcome sexual advances made to the employee have the purpose or effect of unreasonably interfering with the employee's work performance. The Meritor decision indicated that an employer should have a sexual harassment policy in accordance with the EEOC guidelines. Such a policy should be separate from the employer's general anti-discrimination policy and should include a strong statement condemning sexual harassment in the workplace and should provide a method for resolving such claims in the workplace. INSET: Sexual Harassment.
ACCESSION #
5870635

 

Related Articles

  • What Can an Employer Do to Help Protect Against Sexual Harassment Lawsuits? Bassen, Ned H. // Public Relations Quarterly;Summer92, Vol. 37 Issue 2, p26 

    Provides a list of ways on what can an employer do to help protect against sexual harassment lawsuits.

  • Sexual Harassment! Strate, John M.; Tae Hwa Jung; Leidlein, James // Public Integrity;Winter2009/2010, Vol. 12 Issue 1, p61 

    For public employers, taking steps to prevent sexual harassment, and dealing with it appropriately when it does occur, has become a high priority. Two cases decided by the Supreme Court in the late 1990s (Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth) held an employer...

  • Evaluating Hostile Work Environment Claims. Brown, Michael R. // Facts & Findings;May/Jun2012, p16 

    The article provides information on the different types of hostile work environment harassment claims. It mentions that a plaintiff needs to prove that harassment was based on race and the alleged harassment impacted a term of employment to dominate on a hostile work environment claim based on...

  • Sanctions in Court-Ordered ADR. Zuckerman, Susan C. // Dispute Resolution Journal;Feb-Apr2002, Vol. 57 Issue 1, p91 

    The article presents information on a court decision in the case Gee Gee Nick v. Morgan, Inc. In the case, the 8th Circuit upheld the imposition of sanctions on a party who failed to participate in good faith in court-referred mediation. Gee Gee Nick filed a sexual harassment lawsuit against...

  • Sexist E-Mail Backfires. Eldridge, Scott R. // HR Magazine;Aug2007, Vol. 52 Issue 8, p103 

    The article discusses a court case wherein a sexually charged e-mail exchange between two workers at an automobile dealership about the plaintiff, but not directed at her, can support a claim of sexual harassment. Marla Segovia, a car sales manager at Chuck Daggett Motors was regularly subjected...

  • The Office, L.A.-style. Hernandez, Greg // Advocate;9/11/2007, Issue 992, p29 

    The article discusses how the news director of the Southern California liberal radio station KPFK FM, Molly Paige, a white heterosexual woman, is accusing her black lesbian general manger, Eva Georgia, of sexual harassment. The lawsuit, which was filed in February 2007 in Los Angeles,...

  • Sexual Harassment in the Workplace: How Arbitrators Rule. Nowlin, William A. // Arbitration Journal;Dec88, Vol. 43 Issue 4, p31 

    This paper briefly addresses the regulatory framework that governs sexual harassment on the job and reviews survey research and Equal Employment Opportunity Commission complaints. An analysis of sexual harassment cases in arbitration is approached from two perspectives: first, those cases...

  • Campaign of serious sexual harassment.  // Credit Management;Apr2011, p39 

    The article discusses a court case wherein an employer who dismissed ways in protecting a female employee from sexual harassment.

  • Safety first if alleged sex offender applies.  // HR Specialist: Texas Employment Law;Nov2011, Vol. 6 Issue 11, p1 

    The article discusses the 5th Circuit Court of Appeals case Ogletree v. Glen Rose Independent School District which deals with the sexual harassment.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics