Sexual Harrassment

Question 1

What is Sexual Harassment?

Answer 1

Sexual harassment is a form of sex discrimination which is prohibited by federal and California law.

Question 2

What two elements must be present for sexual harassment conduct?

Answer 2

1. Unwelcome sexual advances/requests for sexual favors.

2. Of a sexual nature.

Question 3

Sexual harassment conduct must effect what two areas?

Answer 3

1. Effects or interferes with work/education.

2. Creates a hostile work/education environment.

Question 4

What are the two forms of sexual harassment?

Answer 4

1. Quid pro qou

2. Hostile environment

Question 5

What are the elements of Quid Pro Quo?

Answer 5

1. conduct in question was UNWELCOME
2. was sexually motivated
3. alleged victim’s reaction to supervisor’s conduct or advances affected employment or education.

Question 6

What are the elements of Hostile Environment?

Answer 6

1. conduct in question was UNWELCOME
2. was sexually motivated
3. conduct was severe (serious) or pervasive (frequency) to alter employment/education conditions and to create abusive (hostile) environment.

Question 7

Is sexual harassment also sexual discrimination?

Answer 7

Yes

Question 8

What Amendment and under what provisions does sexual harassment fall under?

Answer 8

14th Amendment - equal protection

Question 9

What is Title VII of the Civil Rights Act of 1964?

Answer 9

Prohibits race, color, religion, national origin or sex discrimination in the workplace.

Question 10

How does Title VII of the Civil Rights Act of 1964 relate to sexual harassment?

Answer 10

It involves employees and the basis of sexual harassment suits under sexual discrimination.

Question 11

What is Title IX?

Answer 11

No person in the U.S. shall, on the basis of sex, be excluded form participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal money.

Question 12

What is the result of Title IX?

Answer 12

Prohibits sexual discrimination in educational programs that are supported with federal monies. (sparking a revolution in women’s sports.)

Question 13

How is Title IX used in education?

Answer 13

Prohibits students from sexual harassment from other students and teachers i.e. negatively affecting student’s eduction program.

Question 14

What are the Federal Agencies that handle sex harassment complaints?

Answer 14

1. EEOC - Equal Employment Opportunity Commission

2. OCR - Office of Civil Rights

Question 15

What are the California Laws related to Sexual Harassment?

Answer 15

1. EC - Educational Code
2. GC - Government Code
3. DFEH - Department Fair Employment and Housing

Question 16

Employee to employee sexual harassment….

Answer 16

Hostile Environment

Question 17

Student to employee sexual harassment…

Answer 17

Hostile environment

Question 18

Student to student sexual harassment…

Answer 18

hostile environment

Question 19

Employee to student sexual harassment is the most serious case because of what 3 reasons?

Answer 19

1. Captive audience - students under care of adults/authority/fear reliance/safe on campus
2. Liability issues
   a. employee civilly and criminally liable
   b. District liable under doctrine of vicarious liability (responsible for what your employees do.)
3. Franklin v. Gwinnet County Public School

Question 20

Franklin v. Gwinnett County Public Schools (1998)

F,G,H

Answer 20

Facts: Coach engage student in sex conversation and persuaded her to have sex. Student claimed that district was aware of sexual harassment. Also, student claimed the district took no action and persuaded her not to press charges.
Rule: Monetary damages were allowed for this sexual harassment.