Sexual Harassment
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Sexual Harassment
Introduction
Sexual harassment can be a huge legal issue for a company. However there are steps a company can take to keep their liability down. In this paper I am going to legally define what sexual harassment is and how it differs from gender discrimination. I am also going to legally define the types of sexual discrimination, “quid pro quo” and hostile environment, and provide examples of each. The paper will cover what factors contribute to determine whether behavior is sexual harassment and define the standard by which “unreasonable” behavior is determined. I will also discuss what situations are considered “severe or pervasive” and why these terms are important. Finally I will discuss the main legal reason why every company should have a valid written policy against sexual harassment.
Sexual Harassment vs. Gender Discrimination
Lets begin by legally defining what sexual harassment is. The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment. (
Types of Sexual Harassment
There are two types of sexual harassment “quid pro quo” and hostile environment sexual harassment. The legal definition of “quid pro quo” is what for what or something for something. Another way to look at this is the concept of getting something of value in return for giving something of value. (
Sexual Harassment Behaviors and “Unreasonable” Behavior
The factors that contribute in determining whether behavior is sexual harassment are:
submission to such conduct is made either explicitly or implicitly