HRM320: Employment Law
Prof. Mary Myers-Nelson
DeVry University Online
Define sexual harassment as the term is used legally.
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.” (sexual harassment. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Sexual harassment comes in several different forms from words to touching to gestures something that is present from one person to another person sexually that is not wanted by the other person. This normally makes one person feel uncomfortable in the workplace causing an employee to not feel comfortable at work which all employees have the right to feel comfortable and safe in the workplace.
Explain how sexual harassment differs from gender discrimination.
Sexual harassment is the act of sexual advances from one person or group of people to another person or group of people whereas gender discrimination is when a person is not afforded the same opportunities as another solely based on the gender male or female. Gender discrimination is unlawful and protected under the Title VII of the Civil Rights Act of 1964, “It shall be an unlawful employment practice for an employer -(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or” (Title VII of the Civil Rights Act of 1964 SEC. 2000e-2. [Section 703])
Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment.
According to The U.S. Equal Employment Opportunity Commission, “EEOC 's Guidelines define two kinds of sexual harassment: "quid pro quo,"
References: sexual harassment. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Retrieved February 16 2014 from http://legal-dictionary.thefreedictionary.com/sexual+harassment Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity Commission Retrieved February 16 2014 from http://www.eeoc.gov/laws/statutes/titlevii.cfm The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) Retrieved February 6 2014 from http://www.eeoc.gov/policy/docs/sexualfavor.html The U.S. Equal Employment Opportunity Commission N-915.048 1/12/90) Retrieved February 6 2014 from http://www.eeoc.gov/policy/docs/sexualfavor.html Employment Law for DeVry University [VitalSouce bookshelf version]. Retrieved from http://devry.vitalsource.com/books/9781256431671/id/ch11lev1sec1 Severe. (n.d.). Merriam-Webster.com. Retrieved February 16, 2014, from http://www.merriam-webster.com/dictionary/severe Pervasive. (n.d.). Merriam-Webster.com. Retrieved February 16, 2014, from http://www.merriam-webster.com/dictionary/pervasive