Submitted by: Submitted by avidm
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Category: Other Topics
Date Submitted: 09/19/2012 12:23 PM
Sexual harassment
For the harassment to be considered quid pro quo the harasser must be in a position to influence employment actions. Employers are held liable for quid pro quo harassment since they are responsible for the actions of supervisors, managers and agents. It can be deemed that these individuals were acting directly on behalf of their employer.
The second type of sexual harassment is hostile work environment harassment. There are all types of behavior that can create what employees deem a “hostile work environment.” Anyone can create a hostile work environment and in this situation the harasser does not have to be a supervisor. According to the website, HostileWorkEnvironmentGuide.com a hostile work environment is caused by unwelcome conduct in the workplace. It must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex; or it must be caused by retaliation in violation of a discrimination law. Discussion of sexual activity, unwelcome touching, indecent gestures, sexual jokes and the use of rude and crude language falls under the umbrella of hostile work environment. When the conduct unreasonably interferes with an individual’s work performance it is classified as a hostile work environment. The behavior must be so “pervasive or severe” that a reasonable person would find it hostile or abusive.
(3) What is the difference between express and implied sexual behavior?
Just like in Contracts, expressed is different from implied sexual behavior in that expressed sexual behavior is clearly intended and open while implied sexual behavior is inferred by situations and circumstances. Expressed sexual behavior is clearly stated by words or actions. However, implied sexual behavior is not as clear and formally stated. As with contracts, both expressed and implied sexual behaviors can be considered part of sexual harassment. Many times when a person is engaging in implied sexual...