Sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo.
It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. ? You are a member of a protective class? You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff.
? Harassment complained of was based on sex. ‘submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. ? Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victims employment and create an abusive working environment. An example of this could be the making of sexually oriented jokes or comments.
Another example is touching of a sexual nature. Displaying sexually oriented calendars or posters in the work environment is even considered to be sexual harassment.