The Law For A Sexual Harassment Lawsuit

1692 WordsOct 17, 20157 Pages
3. State the law for a sexual harassment lawsuit (consider the Prof as a supervisor) Based on my reading, Under Title VII, there are two types of sexual harassment claims: (1) quid pro quo sexual harassment, which occurs when "submission to or rejection of [unwelcome sexual] conduct by an individual is used as the basis for employment decisions affecting such individual;" and (2) hostile environment sexual harassment, which exists "[w]hen the workplace is permeated with 'discriminatory intimidation, ridicule, and insult, ' that is 'sufficiently severe or pervasive to alter the conditions of the victim 's employment." There are five basic elements to a hostile environment sexual harassment member of a protected group, which is satisfied by simply stipulating to plaintiffs gender. Second, “the plaintiff must have been subject to harassment, such as unwelcome sexual advances or remarks." Third, “the alleged harassment was based on sex and would not have occurred but for plaintiffs sex." ' Fourth, the harassment was sufficiently severe or pervasive as to affect a term, condition, or privilege of employment. Finally, the employee must establish a basis for the employer 's liability. Employer liability under Title VII is, in large part, determined by the employment position of the perpetrator in relation to both the victim and the employer. Thus, the Equal Employment Opportunity Commission ("EEOC")," through the use of agency principles, argues that the employer should be
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