HRM320: Employment Law

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Sexual Harassment Paper HRM320: Employment Law Professor Lasonya Berry DeVry University on Campus Donnelda Thompson Define sexual harassment as the term is used legally. Sexual harassment is defined legally as any unwelcome sexual advances, request for sexual favors, bullying, and coercion of sexual nature or physical conduct. Some examples are situations when an employment decision affecting that individual is made because the person submitted or rejected the unwelcome conduct; or the unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or abusive work environment. The law does not prohibit simple teasing, offhand comments, or isolated incidents that are not serious.…show more content…
The victimized employee alleging sexual harassment must be a member of a protected class – that is, a man or a woman. 2. The complaint must be gender related-for example; a female must assert that there would have been no harassment if she were not a woman. 3. The employee must not have consented to the sexual advances or participated in the hostile work environment. 4. The harassment must be based on sex. 5. The conduct complained of must have had a deleterious effect on the employee’s job. 6. The harassment must have occurred during the scope of…show more content…
Severe or pervasive situations are considered conduct of the harasser must be either severe or pervasive to be sexual harassment. A single incident is probably not sexual harassment unless it is severe. For example; a single incident of rape or attempted rape would most likely be sexual harassment and be a violation of criminal laws. Severe is defined as harsh or strict, as in treatment. It can also be noted as rigidly accurate or demanding and intense. Yet pervasive means to spread or be prevalent throughout. The terms are important because although, a single unwanted request for a date or one sexually suggestive comment might offend you or be inappropriate. But it may not constitute sexual harassment. Nevertheless, if a number of relatively minor separate incidents may add up to sexual harassment if the incidents affect your work environment. One case for example is Harris v. Forklift Systems, which created an objectively hostile or abusive work environment. The Supreme Court held that to be actionable the discriminatory conduct must be critical and
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