Theresa Harris worked for Forklift Systems Inc. for two years. During these two years she reported to the president of the company. The president created an abusive work environment where he, on a number of occasions, asked Harris and other female employees to pick up things off the ground after he had dropped, he also used sexual innuendo about the females work attire. During one incident, he commented in front of a client and other employees that he would like to take Harris to a Holiday Inn to negotiate her pay raise. After much abuse, Harris complained to the president that what he was doing was abusive and offensive. He soon apologized, however when meeting with clients one day he commented that Harris promised sexual favors to other clients in order to secure an account.Soon after this incident Harris put in her resignation and filed a Title VII action against Forklift Systems Inc. alleging a hostile work environment and sexual harassment.The Supreme Court would clarify what could be considered a hostile work environment caused by sexual harassment by adopting the following guidelines: - “Totality of the circumstance” approach which considers whether or not the conduct was sufficiently severe to constitute a violation. - Factors that indicate a hostile work environment such as the frequency of the act, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance.- “Reasonable Person” standard stated that the harasser’s conduct should be evaluated by a “reasonable person” to determine if the harassment was sufficiently severe.- Psychological injury and physical touching no longer needed to be proved in a hostile work environment case.
Sexual Harassment in the Workplace<br />Ann Campbell<br />Stacia Coker<br />Davis Jno-Finn<br />Jason Mayes<br />Belkis Rios<br />
Addressing Sexual Harassment<br />If men and women know we communicate differently, why are there so many cases of sexual harassment in the workplace?<br />
EEOC definition:<br />Sexual Harassment is defined as verbal or physical conduct of a sexual nature, whether explicit or implicit, that interferes with an individuals work performance, employment, or creates an intimidating, hostile, or offensive work environment<br />
Harris v. Forklift<br /><ul><li>Heard by Supreme Court in ’93
Set the precedent for what would be considered sexual harassment
Abolished the idea that a person had to suffer psychological trauma.
Created the Hostile Work Environment</li></li></ul><li>Hostile Work Environment<br />Unwelcome conduct in the workplace, in the form of discriminatory harassment toward one or more employees.<br />A hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, age or sex.<br />Harassment typically must be severe, recurring and pervasive.<br />
Oncale v. Sundower<br />Heard by Supreme Court in ’98<br />sexual harassment was not limited to opposite sex harassment, or that the male was to be the harasser. <br />three types of same sex sexual harassment claims<br />
Sexual Harassment Claims<br />Harasser does not have to be motivated by sexual desire.<br />Harasser hostile towards the victims’ sex. <br />Harasser treats members of both genders differently.<br />
Solution<br />It is important that men and women understand how to communicate effectively with each other and have a clear understanding of what is considered sexual harassment. If in doubt don’t do it and don’t say it unless there is a clearly defined understanding between the parties.<br />