How Workplace Managers Can Protect Against Hostile Environment Claims From Their Female And Male Employees: A Legal Review Of Decisional Law

Abstract

Sexual harassment can occur in a variety of circumstances within the workplace setting. A review of case law illuminates the circumstances that have been identified as sexual harassment. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of l964. This paper reviews the decisional law which has recognized various forms of prohibited sexual harassment. The case analysis explores numerous types of hostile environment sexual harassment that can occur, including persistent abusive behavior by a victims supervisor, an agent of the employer, and a co-worker. Moreover, the victim as wellthe harasser may be a woman or a man. The victim does not have to be of the opposite sex. Under present decisional mandate, the victim must use any employer complaint mechanism or grievance system available in order to prevail in a claim of sexual harassment. The law also mandates that employersneed to establish an effective complaint systemand stated policy against sexual harassment and take immediate and appropriate action when an employee complains. Employers are encouraged to employ procedures in their stated policies that will tend toprevent claims of sexual harassment. This paper discusses the legal regime of decisional law that governs the responsibility of both the employer and employee in a sexual harassment claim. Methodologies that business managers can employ in order to protect themselves from liability are discussed and proposed in this treatment.