Sexual Harassment Law Research Paper Example | Topics and Well Written Essays - 1500 words

Sexual Harassment Law - Research Paper Example The alleged misconduct should be so severe and pervasive as to disturb emotional wellbeing and work performance of the victim which conditions are prima facie requirement for a conduct to be characterized as sexual harassment. The paper further lists out reasons for an organization to have sexual harassment policy statement along with the contents of the written policy as stated in the appendix. This research has also discussed the case law of Beth Ann Faragher, Petitioner V. City Of Boca Raton (1998). 1. Define sexual harassment as the term is used legally.   The legal definition of sexual harassment is: the illegal discrimination in employment based on sex. This definition is only a part of the behaviors that could constitute sexual harassment. The illegal employment discrimination behaviors and the experiences of sexual harassment often overlap. They are however not congruent. Some behaviors are readily identifiable as sexual harassment such as the supervisor’s demand on the employee to engage in sexual activity with him as a condition to continue in employment. Sexual harassment may not be overtly experienced by the victim but subjectively in a less defined contexts which may not be illegal (Gold, 2004). In Harris v Forklift Systems, Inc (1993), it was held by the Supreme Court that psychological injury cannot be claimed to prove sexual harassment under the constitutional law. ... Equal Employment Opportunities Commission (EEOC) has been entrusted with the responsibility to enforce the provisions of Civil Rights Act relating to discrimination (Gold, 2004). The EEOC’s definition of sexual harassment states â€Å" Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to rejection or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or the effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment† (Gold, 2004, p. 20) The definition has evolved through case law. The EEOC guideline cannot be technically law though it is subject to the judicial review of the Supreme Court. Thus, review has resulted in two kinds of sexual harassment. One, Quid pro quo harassment which arises when an employee is forced to exchange sexual favors for the benefit of employment present or future or to avoid adverse employment action. Second one is Hostile environment harassment that results in â€Å"severe or pervasive ridicule, unwelcome intimidation or insult based on sex† (p 21) 2. Explain how sexual harassment differs from gender discrimination.   Gender discrimination is mainly based on an individual’s gender in a sub group of female or male. It is different from sexual harassment for want of sexual