Federal code 42 U.S.C.A. 2000e-3(b) proscribes employers from "printing or publishing or causing to be printed or published any notice or advertisement that indicates a preferece, limitation, specification, or discrimination" of any particular protected class. For example, advertisements textually or facially soliciting "boys," "girls," "students," or "recent graduates" are suspect. 29 CFR 1625.4 (a) Employers challenged this and the Supreme Court stated this limitation does not violate 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...]