Harassment

Question 0

What is the easiest sexual harassment to prove?

Answer 0

Quid pro quo sexual harassment

Job benefit or privilege is conditioned upon submission of sexual conduct

Question 1

What is sexual harassment?

Answer 1

Unwelcome verbal or physical conduct of a sexual nature when directed at a person because of gender when…

Conduct is a term or condition of employment

Submission to or rejection of conduct is condition of employment

Interferes with work performance and creates a hostile, intimidating, offensive work environment

Question 2

What is the most common type of harassment?

Answer 2

Hostile environment sexual harassment

It’s the hardest to prove-based on circumstantial evidence

To be actionable, has to be severe, persuasive and requires multiple incidents

Question 3

What are the elements of actionable sexual harassment?

Answer 3

Must be sexual nature-proposition, offering, sex explicit magazines, physical touching, complaints
Conduct Must be unwelcome

Question 4

What aspects did the court consider when deciding conduct from the complainant in deciding if it is Unwelcome?

Answer 4

Dressed in sexually provocative manner
Sexual orientated language
Willing to engage in sexual banter 
Past conduct with harasser 
Complainants overall personality 
Existence of consensual relationship

Question 5

What other forms of harassment constitute sexual harassment?

Answer 5

Verbal and

nonverbal: pictures, graffiti, obscene cartoons

Question 6

What is indirect sexual harassment?

Answer 6

Forced to work in an environment where the harassment is pervasive

Question 7

What are some sexual harassment conduct?

Answer 7

Unwelcome advances
Repeatedly asking an employee out for dates and sending love notes
Asking a favor with and understanding a favor will be bestowed
Awards to employees who engage, denied promotions to those who don’t
Graffiti display of pornographic pict urea

Question 8

Harris vs forklift systems?

Answer 8

The work environment must be such that a reasonable person would find it hostile or abusive and the victim actually finds it abusive

Question 9

Ellison vs Brady?

Answer 9

Harassment directed towards woman

Must be viewed from the perspective if a reasonable women

Well intentioned complaints can form basis of sex harassment if a reasonable person of same sex would consider the same comments abusive

Employer must take action to stop as well