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Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. [1] [2] There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and ...
While sexual harassment is a form of workplace harassment, the United States Department of Labor defines workplace harassment as being more than just sexual harassment. [10] "It may entail quid pro quo harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct ...
Examples of this include gestures, taunts, hazing, threats, sexual slurs, etc. Gender harassment is the most widespread form of harassment but its typically ignored because it is not seen as big of an issue as other forms of sexual harassment. Sexual coercion includes the exchange of sexual acts/favors for job related benefits (quid pro quo).
Until 1986, the only form of sexual harassment that was illegal was quid pro quo harassment, where your boss explicitly said something like, “Sleep with me or lose your job.” The fact that employers these days are responsible for preventing harassment, and are on the hook for millions of dollars in punitive damages if they don’t, is not a ...
The truth is that many women are dealing with hostile workplace environments. There are court cases that adopted the idea that sexual harassment creates a hostile workplace environment. The court case that shifted us from ‘reasonable person’ to ‘reasonable woman’ was Ellison v. Brady, 1991. This case is extremely important because it ...
Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used. The case involved Paulette Barnes, a payroll clerk who worked for the Environmental Protection Agency. Barnes brought the case after losing her job for refusing the advances of a male supervisor. [1]
She distinguishes between two types of sexual harassment (see pp. 32–42): "quid pro quo", meaning sexual harassment "in which sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity (p. 32)" and; the type of harassment that "arises when sexual harassment is a persistent condition of work (p. 32)".
This concept is related to quid pro quo sexual harassment, which is defined by Cornell Law School as "sexual harassment in which a boss conveys to an employee that he or she will base an employment decision, e.g. whether to hire, promote, or fire that employee, on the employee's satisfaction of sexual demand. For example, it is quid pro quo ...