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Sexual Harassment
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What is Sexual
Harassment?
Quid pro harassment
Hostile environment harassment
Sexual favoritism
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Landmark CasesA. Meritor Savings Bank, FSB v.
Vinson (1986)
Sexual Harassment defined:
1. It must be unwelcomed
2. The employer must have knowledge,either actual or implied
3. Either job opportunities must be involved or a hostile
environment created
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Landmark CaseB. Harris v. Forklift Systems (1993)
November 1993: Supreme Court rejected thepsychological injury standard.
Law is broken if a "reasonable person"would find the workplace a hostile andabusive environment.
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What should an employer
do?A. Specific written policy
B. Investigate complaintsC. Establish an investigation procedure
D. Communicate the policy
E. Ensure ALL complaints are investigated.
F. Establish a grievance policy
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What should an employer
do?G. Require employees to report
unwelcome events.
H. Ensure prompt action followinginvestigation
I. Ensure no retaliation for complaints
J. Monitor potentially hostile situations
K. TRAIN employees!
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Comparable WorthA. Early 1970's courts said can't
compare apples and oranges
B. 1981 County of Washington v.Gunther (1981)
C. AFSCME v State of Washington 1985
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Americans with
Disabilities Act (1990)
B. Need to make reasonable accommodations
C. Need not lower standards, but applyequally
A. Can't deny a job to a disabled individual if theperson is able to perform the essential
functions of the job
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Americans with
Disabilities Act (1990)
E. Can't make pre-employmentinquiries about a person's disability,but may ask questions about abilityto perform specific job functions
D. Tests or other standards that mayscreen out on the basis of disabilitymust be job related and consistentwith business necessity
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Americans with
Disabilities Act (1990)F. Pre-employment medical exams or medical
histories may not be required, but employers
may condition job offers on the results of apost-offer medical exam.
G. Review job applicant forms, interviewprocedures, and job descriptions.
H. Job descriptions are not required but
advisable.
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"In virtually any ADA legal action, a criticalquestion will be, what are the essentialfunctions of the position involved?...If forexample, a disabled employee isterminated because he or she cannotperform a particular function, in theabsence of a job description that includessuch function it will be difficult to convincea court that the function truly was anessential part of the job".
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