SEXUAL HARASSMENT IN THE WORKPLACE

1
SEXUAL HARASSMENT IN THE WORKPLACE

• BY SHARMIN ATTARAN
• MARCH 12, 2003

2
Overview

• Legislation regarding Sexual Harassment
• Types of Sexual Harassment
• Sexual Harassment Circumstances
• Recommendations

3
Legislation

• Title VII
• Civil Rights Act of 1991
• EEOC

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Limits On Damages

• TABLE 1 LIMITS ON DAMAGES
• Number of Employees Maximum
  Sum of Compensatory
• in Company and Punitive Damages
• 
  
• 15-100 50,000
• 101-200
  100,000
• 
  
• 201-500
  200,000
• 
  
• 501 or more
  300,000

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Sexual Harassment Unwelcome sexual advances,
requests for sexual favors, and other verbal or
physical conduct of a sexual nature

• HOSTILE ENVIRONMENT
• Conduct has purpose or effect of (1)
  unreasonably interfering with work performance or
  (2) creating an intimidating, hostile, or
  offensive environment

QUID QUO PRO Submission to such conduct (1) is
made a term or condition of employment or (2)
forms a basis for employment decisions affecting
that individual

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Sexual Harassment Circumstances

• Frequency of discrimination
• Severity of the conduct
• If physically threatening or abusive
• If interferes with an employees work performance

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Ambiguities

• Whose perspective should reign?
• Reasonable Woman v. Reasonable Person
• Case example Yates v. Avco

8
Recommendations

• UNDERSTAND SEXUAL HARASSMENT
• COMMUNICATE POLICY
• ESTABLISH PROCEDURES
• ENFORCE POLICY

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Closing Points

• Sexual harassment is serious
• Legal health care costs in the millions
• Company morale
• Worker productivity
• So trainenforceand do the right thing!