Firact

Facts:

* After being dismissed from her job at a Meritor Savings Bank, Mechelle Vinson sued Sidney Taylor, the Vice President of the bank who she said sexually harassed her for over 4 years at the bank.

* She argued such harassment created a "hostile working environment" and was covered by Title VII of the Civil Rights Act of 1964.

* Vinson sought injunctive relief along with compensatory and punitive damages against Taylor and the bank.

Issue

* Did the Civil Rights Act prohibit the creation of a "hostile environment" or was it limited to tangible economic discrimination in the workplace?

Rule

* Plaintiffs with hostile environment-styled claims must prove that the challenged conduct was severe or pervasive, created a hostile or abusive working environment, was unwelcome, and was based on the plaintiff’s gender

Analysis

* The guidelines classified offensive behavior as sexual harassment "whether or not it is directly linked to the grant or denial of an economic quid pro quo," if the behavior affects an employee's work performance or makes the environment unworkable.

* In short, Vinson proved that sexual harassment created a hostile or abusive work environment, and as such is a form of sex discrimination.

Conclusion

* The Court held that the language of Title VII was "not limited to 'economic' or 'tangible' discrimination," finding that Congress intended "'to strike at the entire spectrum of disparate treatment of men and women' in employment. . ."

* The Court noted that guidelines issued by the EEOC specified that sexual harassment leading to noneconomic injury was a form of sex discrimination prohibited by Title VII.

* The Court recognized that plaintiffs could establish violations of the Act "by proving that discrimination based on sex has created a hostile or abusive work environment."

Take home message

* There are many forms of sexual harassment employers and employees must be aware of. After reading this...