Sexual Harassment

What is Sexual
Harassment?

 Quid pro harassment

 Hostile environment harassment

 Sexual favoritism
 Landmark Cases
A. Meritor Savings Bank, FSB v.
Vinson (1986)
Sexual Harassment defined:

1. It must be unwelcomed
2. The employer must have knowledge,
either actual or implied
3. Either job opportunities must be involved or a hostile
environment created
 Landmark Case
B. Harris v. Forklift Systems (1993)
 November 1993: Supreme Court rejected the
psychological injury standard.

 Law is broken if a "reasonable person"

would find the workplace a hostile and
abusive environment.
 What should an employer
do?

A. Specific written policy

B. Investigate complaints
C. Establish an investigation procedure
D. Communicate the policy
E. Ensure ALL complaints are investigated.

F. Establish a grievance policy

 What should an employer
do?
G. Require employees to report
unwelcome events.
H. Ensure prompt action following
investigation
I. Ensure no retaliation for complaints
J. Monitor potentially hostile situations
K. TRAIN employees!
 Comparable Worth

A. Early 1970's courts said can't

compare apples and oranges

B. 1981 County of Washington v.

Gunther (1981)

C. AFSCME v State of Washington 1985

 Americans with
Disabilities Act (1990)
A. Can't deny a job to a disabled individual if the
person is able to perform the essential
functions of the job

B. Need to make reasonable accommodations

C. Need not lower standards, but apply

equally
 Americans with
Disabilities Act (1990)

D. Tests or other standards that may

screen out on the basis of disability
must be job related and consistent
with business necessity
E. Can't make pre-employment
inquiries about a person's disability,
but may ask questions about ability
to perform specific job functions
 Americans with
Disabilities Act (1990)
F. Pre-employment medical exams or medical
histories may not be required, but employers
may condition job offers on the results of a
post-offer medical exam.

G. Review job applicant forms, interview

procedures, and job descriptions.
H. Job descriptions are not required but
advisable.
"In virtually any ADA legal action, a critical
question will be, what are the essential
functions of the position involved?...If for
example, a disabled employee is
terminated because he or she cannot
perform a particular function, in the
absence of a job description that includes
such function it will be difficult to convince
a court that the function truly was an
essential part of the job".