The news on the issue of sexual harassment is prevalent today and government bodies are enacting new laws affording additional protections and companies are reevaluating their policies, procedures, and best practices. The common understanding is that if a supervisor is the perpetrator of sexual harassment, then actual notice of the offending acts is imputed on the employer. However, what qualifies a person as a true manager or supervisor under Title VII of the Civil Rights Act of 1964? This … [Read more...]
Protect Yourself if You Are in an Office Romance with a Co-Worker
According to CareerBuilder's annual office romance survey, 38 percent of respondents have dated a co-worker at least once in their career, and one-third of them ended up married. In this time of Valentine’s Day gifts and sweet nothings being whispered about in the office, one must be apprised of the risks and listen to their head rather than their heart. If the relationship sours, then hell may in fact have no fury like a woman’s scorn. The employer may not be in a position to adjudicate the … [Read more...]
Sexual Harassment Claim: Quid Pro Quo or Hostile Environment?
In 1980 the Commission issued guidelines declaring sexual harassment a violation of Section 703 of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable, and suggesting affirmative steps an employer should take to prevent sexual harassment. See Section 1604.11 of the Guidelines on Discrimination Because of Sex, 29 C.F.R. § 1604.11 (“Guidelines”). The … [Read more...]