AAPL Landmark - Sexual Harassment Flashcards

1
Q

Does a finding of sexual harassment require that the employee be subject to a quid pro quo linking the terms of employment to sexual favors?

A

No.

Meritor Savings Bank v. Vinson (1986). The US Appeals Court of the DC circuit said that finding sexual harassment included creating a hostile or offensive work environment even when the terms and conditions of employment are not contingent on sexual favors. The USSC upheld that a “hostile environment” violates Title 7 of the Civil Rights Act of 1964.

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2
Q

For conduct to be actionable as “abusive work environment” harassment, must it seriously affect an employee’s psychological well-being?

A

No.

Harris v. Forklift Systems, Inc. (1993). The USSC reversed the lower court’s rulings,, stating that Title 7 did not require a nervous breakdown. Actionable conduct must create an “objectively hostile” work environment and be “subjectively” perceived by the victim as abuse.

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3
Q

Does abusive behavior between an employer and an employee of the same sex qualify as discrimination under Title 7 of the Civil Rights Act of 1964?

A

Yes.

Oncale v. Sundowner Offshore Services. Oil rig sexual harassment. The USSC reversed the lower courts and said that same-sex did not matter.

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