AAPL Landmark - Sexual Harassment Flashcards
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?
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.
For conduct to be actionable as “abusive work environment” harassment, must it seriously affect an employee’s psychological well-being?
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.
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?
Yes.
Oncale v. Sundowner Offshore Services. Oil rig sexual harassment. The USSC reversed the lower courts and said that same-sex did not matter.