Also known as: sexually harass · sexually harassed · sexually harassing · sexual harasser · quid pro quo · hostile work environment
Written by attorneys · grounded in primary & secondary sources — see below
A type of employment discrimination consisting in verbal or physical abuse of a sexual nature.
Judge Sebastian Santos attended a social event hosted by a recently convicted racketeer. Several guests were known to be connected to organized crime and had histories of workplace sexual harassment allegations. The conduct board determined that the associations undermined public confidence in the judiciary's integrity and impartiality, warranting discipline even without proof of actual bias in any pending sexual harassment matter.
Selena Singh worked as a teller at a bank branch managed by Sidney Taylor. Taylor repeatedly made sexual advances and conditioned promotions on her compliance. The court held that such conduct constituted sexual harassment under Title VII because it altered the terms and conditions of her employment.
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Simon Stern, a gay employee at a county office, faced repeated derogatory comments from coworkers about his sexual orientation. The employer argued the conduct fell outside Title VII. The court ruled that discrimination based on sexual orientation necessarily involves sex discrimination and therefore supports a sexual harassment claim.
Samantha Stone worked as a lifeguard for the city. Her supervisors repeatedly subjected her to offensive sexual comments and touching. The city had no effective complaint procedure. The court held the city vicariously liable for the hostile environment because it failed to exercise reasonable care to prevent and correct the harassment.
Sofia Stern created training materials for her employer that were later copyrighted. After she complained of sexual harassment by a manager, the employer asserted copyright ownership to limit her use of the materials in litigation. The court addressed whether the copyright term extension affected her ability to introduce evidence of the harassment.
Spencer Silver reported to a team lead who controlled his assignments and evaluations. The lead made repeated sexual demands. The court examined whether the lead qualified as a supervisor for purposes of imposing vicarious liability on the employer for the resulting hostile work environment.
Courts recognize quid pro quo harassment, in which submission to sexual demands is made a condition of employment decisions, and hostile-environment harassment, in which severe or pervasive unwelcome sexual conduct alters the conditions of employment.
Supporting sources
Yes. Title VII prohibits discrimination because of sex, and courts have held that harassment by a supervisor of the same sex as the employee can violate the statute when the conduct is because of the employee's sex.
Supporting sources
An employer is vicariously liable for a supervisor's harassment when the supervisor takes a tangible employment action or when the harassment creates a hostile environment and the employer fails to prove it exercised reasonable care to prevent and promptly correct the conduct.
…review of the police power, this provision is eminently reasonable. Even accepting the Court's novel insistence on a precise quid pro quo of burdens and benefits, there is a reasonable relationship between the public benefit and the burden created by appellants' development. The movement of development closer to the ocean…