Sexual Harassment and Other Forms of Employment Discrimination

Sexual Harassment and Other Forms of Employment Discrimination

Chapter 13

Copyright © 2007 Thomson Delmar Learning

Objectives

• Define sexual harassment and explain the two types of sexual harassment.

• Identify factors that contribute to a sexually hostile work environment.

• Identify the federal laws that impact pregnancy discrimination.


• Identify the need for reasonable accommodation of religion in the workplace, and the impact of undue hardship on an employer.

• Explain the constitutionality of grooming and uniform regulations.

Objectives


Sexual Harassment

• A form of gender-based discrimination– Violates Title VII of Civil Rights Act of 1964

•4


• Includes– Unwelcome sexual advances– Requests for sexual favors– Verbal or physical conduct of a sexual nature

Sexual Harassment


• Occurs when:– Submission to or rejection of this conduct affects an

individual's employment– Conduct unreasonably interferes with an

individual's work performance – Conduct creates an intimidating, hostile, or

offensive work environment

Sexual Harassment


• Two distinct types of sexual harassment1. Quid pro quo2. Hostile work environment

Sexual Harassment


Quid Pro Quo Harassment

• Employment opportunities or benefits– Granted or denied because of an individual's

submission/refusal to submit to sexual advances or requests for sexual favors


• Usually involves a supervisor, manager, or employer • Employer is strictly liable for cases where supervisor

commits quid pro quo harassment

Quid Pro Quo Harassment


Hostile Work Environment

• Unwelcome sexual conduct– Unreasonably interferes with an individual's work

performance – Creates an intimidating or offensive work

environment – See Table 13.1 for list of conduct


• Liability for an employer is triggered when:– Employer knew or should have known about the

harassment – Employer failed to take appropriate corrective

action

Hostile Work Environment


Sexual Harassment

• Not limited to males harrassing females– Males harassing males– Females harassing males– Females harassing females


Pregnancy Discrimination

• Pregnancy Discrimination Act – Federal law– Prohibits employment discrimination based on

pregnancy or childbirth• Many states have adopted comparable laws


Religious Accommodation

• Religious discrimination is prohibited by Title VII• Distinguish “not discriminating” from

“accommodation”


• Religious Freedom Restoration Act of 1993– Required religious accommodation– Declared unconstitutional in 1997



• EEO recommends that employers– Provide reasonable accommodation of religious

expression unless it would create undue hardship

– Permit religious expression if other personal expression is permissible

– Take steps to prevent religious harassment



Clothing, Uniforms, and Grooming Issues

• Involve a number of issues– Sex– Religion– Race– Disability– Freedom of expression and liberty


• Reasonable and nondiscriminatory uniform, clothing, and grooming requirements are usually upheld– Even if requirements are different for men and

women



• Exceptions for some reasons but not others can create legal issues– Allowing beards for medical reasons, but not

religious, can be discriminatory– FOP v. Newark, 170 F.3d 359 (3d Cir. 1999)– Potter v. District of Columbia, Nos. 07-7163, 07-

7164 (2008–2009)



Tattoos, Body Piercings, and Related Issues

• Many departments require personnel with tattoos to cover them while working and prohibit the wearing of piercings

• Riggs v. City of Fort Worth• Inturri v. City of Hartford


Summary

• Sexual harassment• Pregnancy discrimination• Religious accommodation• Clothing, uniforms, and grooming

Documents

Sexual Harassment and Other Forms of Employment Discrimination