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Definition • Sexual harassment is a serious problem in America. There are two different types of sexual harassment claims • Quid Pro Quo • Hostile Work Environment • sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964.
Applying the Definition • Court opinions can seem inconsistent about whether sexual harassment has occurred, sometimes deciding differently in cases with very similar facts particularly in hostile work environment cases. • where it is more difficult than in quid pro quo situations to prove that harassment occurred.
Factors for Review Factors a court will consider in hostile work environment cases include: Frequency of the alleged inappropriate behavior. Severity of the behavior. Conduct of the victim. Size of the employer's business. Nature of the employer's business.
Dispelling Sexual Harassment Myths • A harasser can be a coworker and, in some cases, a third party such as an agent or client of the employer. • The key is whether the employer knew or should have known of the harassing behavior and failed to take action.