Analysis Of EEOC Vs. Federal Express
Costle. The plaintiff rebuffed her director?s repeated sexual overtures. She ignored his advice that sexual intimacy was the path she should take to improve her career opportunities. Her job was abolished. This is a perfect example of ?quid pro quo? in which the victim was ruled in favor of.
The more common form of sexual harassment a hostile environment. This refers to sexual conduct that unreasonably interferes with an employee?s performance at work or creates an intimidating, hostile, or offensive work environment. An environment can include another person, areas, or inanimate objects. Sexual jokes, leering, and showing pornographic materials are all examples of a hostile work environment.
Sexual harassment mainly exists due to the harasser?s abuse of power. Sexual harassment is not always about sex. It is more of an issue of power and the abuse of power. People often stereotype the victim as subservient and powerless. Employers are responsible for actions of all employees even if they are unaware of the behavior. Employers will also be liable is if they fail to take appropriate action within its control once it knows or has reason to know of the harassing. They cannot claim they did not know because the employee did not tell them. There is no such thing as taking ?no action?. Doing nothing can have huge legal …show more content…
Someone can still comment on how nice someone looks or tell a sexual joke. The Supreme Court allows for sexual talk up until an employee is discriminated against. The key ingredient of sexual harassment is some form of sexual content and discrimination. This is unfair treatment of employees because of their sex. Sexual content does not necessarily mean unfair treatment, such as a sexual joke. People need to realize the extent of comments and jokes that they can tell around certain people. Some get offended more easily than others. What constitutes sexual harassment to one person may not be sexual harassment to