Aexual_Harassment

1. Define / History a. “Mad Men” Clip b. Present Cases in Historical Context (Pre-1974 Cases) c. Present Landmark Case - Barnes v. Train (1974) 2. 1980’s / 1990’s a. 1980’s i. The Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, issues guidelines interpreting the law to forbid sexual harassment as a form of sex discrimination. 29 C.F.R. §1604.11 ii. Addressing the sexual harassment issue for the first time, U.S. Supreme Court rules that a women who allegedly had sex with her boss a number of times, because she feared losing her job if she did not, could sue for sexual harassment. The question is not whether the employee’s conduct was voluntary but whether the boss’s conduct was unwelcome, the Court explains. An employer can be held liable for sexual harassment committed by supervisors if it knew or should have known about the conduct and did nothing to correct it, the Court adds. Meritor Savings Banks v. Vinson, 477 U.S. 57, 40FEP Cases 1822 iii. When male construction workers hazed three female colleagues, even if the conduct was not specifically sexual in nature, it was gender-based harassment prohibited by the law, a U.S. appeals court finds. Hall v. Gus Construction Co., 842 F.2d 1010, 46 FEP Cases 57 (8th Cir.) b. 1990’s i. A sexually hostile environment violating Title VII is found where women were a small minority of the work force and crude language, sexual graffiti, and pornography pervaded the workplace. Title VII is “a sword to battle such conditions,” not a shield to protect preexisting abusive environments, the court declares. Robinson v. Jacksonville Shipyards, 760 F. Supp. 1486, 57 FEP Cases 971 (M.D. Fla.) ii. The Civil Rights Act of 1991 becomes law, providing for jury trials and for increased damages in Title VII iii. In its fourth case on sexual harassment in employment, the Supreme Court holds that men as well as women can bring sexual harassment claims and that Title VII applies to “same-sex” harassment. An oil platform worker alleged that male co-workers subjected him to sexual assaults and threatened him with rape. He quit and sued the company for failing to stop this conduct. The court holds that even though Title VII does not specifically protect men from gender-based harassment by other men, the general principles of sex discrimination and harassment do apply to that conduct. This does not mean that Title VII creates a “general civility code for the American workplace,” for “social context,” and “common sense” will still control whether particular gender-based conduct is severe enough to create a hostile environment for a reasonable person under the circumstances. Onacle v. Sundowner Offshore Services, Inc., 76 FEP Cases 221 c. Present Day i. A truly bisexual harasser does not act on the basis of gender, according to a U.S. appeals court. A husband and wife thus lost their case even though their joint supervisor solicited sex from both of them; an “equal opportunity harasser” does not discriminate because of gender. Holman v. Indiana, 211 F.3d 399 (7th Cir.) ii. Female store clerks lost their case because they failed to use designated avenues to complain to the designated person, and also failed to reasonably use Open Door Policy because they did not fully inform managers of harassment or request that action be taken. Mandray v. Publix Supermkts., Inc., 208 F.3d 1290, 1300 (11th Cir.) iii. Anucha Browne Sanders, a former high level marketing executive for the New York Knicks basketball team's owner, Madison Square Garden, L.P. ('MSG'), sued the Knick's Coach Isiah Thomas, MSG and CEO James Dolan for sexual harassment, retaliatory termination from her job, and related claims. Anucha Browne Sanders v. Madison Square Garden, L.P., Isiah Thomas, and James L. Dolan 3. Overview of all cases (Timeline) a. How have things changed' b. Compare / Contrast 4. Business Reputation 5. Tips to avoid being sued 6. Tips for employers 7. Clip (Humorous clip from “The Office”)