Harrasment Flashcards
What is the easiest sexual harassment to prove?
Quid pro quo
Job benefit conditioned upon submission to sexual conduct
Definition of sexual harassment?
Unwelcome verbal or physical conduct of a sexual nature when directed at a person because of gender when…
Term/condition if employment
Making employment decisions
Creates a hostile work environment
What is Hostile environment sexual harassment?
Most common type-hardest to prove based on circumstantial evidence
In order to be actionable-must be severe, pervasive and multiple incidents
Harris vs forklift systems?
Work environment must be that a reasonable person would find it hostile or abusive and victim actually does find it abusive
Ellison vs Brady?
Viewed from prospective of a reasonable women
Well intended compliments can be basis for sexual harassment if a reasonable person of same sex considers comments severe or pervasive or create a hostile work environment
Employer must take action to stop the harassment
What are elements of actionable sexual harassment?
Conduct must be sexual in nature and unwelcome
Includes: sexual proposition, offering, magazines, physical touching, compliments sexual in nature
What are aspects the courts considered weather the conduct was unwelcome?
Complainant dressed in sexually provocative manor
Used sexually orientated language
Willing to engage in sexually banter
Past conduct with harasser
Overall personality
Ex distance if consensual relationship
What is indirect harassment?
Forced to work in an environment where harassment is pervasive
