Sexual Harassment and Other Forms of Employment Discrimination

Sexual Harassment and Other Forms of Employment Discrimination Chapter 13

Objectives • Define sexual harassment and explain the two types of sexual harassment. • Identify factors that contribute to a sexually hostile work environment. • Identify the federal laws that impact pregnancy discrimination.

Objectives • Identify the need for reasonable accommodation of religion in the workplace, and the impact of undue hardship on an employer. • Explain the constitutionality of grooming and uniform regulations.

Sexual Harassment • A form of gender-based discrimination • Violates Title VII of Civil Rights Act of 1964

Sexual Harassment • Includes • Unwelcome sexual advances • Requests for sexual favors • Verbal or physical conduct of a sexual nature

Sexual Harassment • Occurs when: • Submission to or rejection of this conduct affects an individual's employment • Conduct unreasonably interferes with an individual's work performance • Conduct creates an intimidating, hostile, or offensive work environment

Sexual Harassment • Two distinct types of sexual harassment • Quid pro quo • Hostile work environment

Quid Pro Quo Harassment • Employment opportunities or benefits • Granted or denied because of an individual's submission/refusal to submit to sexual advances or requests for sexual favors

Quid Pro Quo Harassment • Usually involves a supervisor, manager, or employer • Employer is strictly liable for cases where supervisor commits quid pro quo harassment

Hostile Work Environment • Unwelcome sexual conduct • Unreasonably interferes with an individual's work performance • Creates an intimidating or offensive work environment • See Table 13.1 for list of conduct

Hostile Work Environment • Liability for an employer is triggered when: • Employer knew or should have known about the harassment • Employer failed to take appropriate corrective action

Sexual Harassment • Not limited to males harrassing females • Males harassing males • Females harassing males • Females harassing females

Pregnancy Discrimination • Pregnancy Discrimination Act • Federal law • Prohibits employment discrimination based on pregnancy or childbirth • Many states have adopted comparable laws

Religious Accommodation • Religious discrimination is prohibited by Title VII • Distinguish “not discriminating”from “accommodation”

Religious Accommodation • Religious Freedom Restoration Act of 1993 • Required religious accommodation • Declared unconstitutional in 1997

Religious Accommodation • EEO recommends that employers • Provide reasonable accommodation of religious expression unless it would create undue hardship • Permit religious expression if other personal expression is permissible • Take steps to prevent religious harassment

Clothing, Uniforms, and Grooming Issues • Involve a number of issues • Sex • Religion • Race • Disability • Freedom of expression and liberty

Clothing, Uniforms, and Grooming Issues • Reasonable and nondiscriminatory uniform, clothing, and grooming requirements are usually upheld • Even if requirements are different for men and women

Clothing, Uniforms, and Grooming Issues • Exceptions for some reasons but not others can create legal issues • Allowing beards for medical reasons, but not religious, can be discriminatory • FOP v. Newark, 170 F.3d 359 (3d Cir. 1999) • Potter v. District of Columbia, Nos. 07-7163, 07-7164 (2008–2009)

Tattoos, Body Piercings, and Related Issues • Many departments require personnel with tattoos to cover them while working and prohibit the wearing of piercings • Riggs v. City of Fort Worth • Inturri v. City of Hartford

Summary • Sexual harassment • Pregnancy discrimination • Religious accommodation • Clothing, uniforms, and grooming

Sexual Harassment and Other Forms of Employment Discrimination