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)

B. Need to make reasonable accommodations

C. Need not lower standards, but apply equally

A. Can't deny a job to a disabled individual if the person is able to perform the essential functions of the job

Americans with Disabilities Act (1990)

E. Can't make pre-employment inquiries about a person's disability, but may ask questions about ability to perform specific job functions

D. Tests or other standards that may screen out on the basis of disability must be job related and consistent with business necessity

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".