Sexual Harassment & Discrimination Cases

Woerner and Oswald (1990) examine the court response to the issue, beginning with the fact that sexual harassment is difficult to define. It generally means "unwanted sexually oriented behavior by someone in the workplace." It is legally defined as a form of discrimination.

The issue has evolved in the lower courts based on Title VII of the Civil Rights Act of 1964, which prohibits sexual discrimination in the work place. Sex discrimination was not included in the original draft of this legislation but was added at the last minute as an attempt to prevent passage of the Act. As a result, the true intent of Congress in the matter is not known. The first case litigated under this st

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fects may be determined by whether you are an employee concerned about sexual harassment or an employer concerned about being sued. In that case, a young woman was repeatedly subjected to sexual innuendo and demeaning comments by the president of the company over a two-year period. She eventually resigned her job. The Supreme Court rejected the stricter standard used before; it had required plaintiffs to show "severe psychological injury" brought on by a hostile work environment. Now, the Court says that other factors should be involved, among them the degree to which the employer's behavior might be considered physically threatening or demeaning or whether that behavior interfered with the work of the employee. Plaintiffs do not have to prove that they suffered an emotional injury any longer. They must show only that their employer allowed a hostile or abusive work environment, within certain parameters defining what is hostile: These may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance (Harris v. Forklift 371). Employers can take heart from this
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Approximate Word count = 1863
Approximate Pages = 7 (250 words per page)

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