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Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. [1] [2] There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and ...
Under federal employment discrimination law, employers generally cannot discriminate against employees on the basis of race, [1] sex [1] [2] (including sexual orientation and gender identity), [3] pregnancy, [4] religion, [1] national origin, [1] disability (physical or mental, including status), [5] [6] age (for workers over 40), [7] military ...
Oncale v. Sundowner Offshore Services set the precedent for analyzing same-sex harassment and sexual harassment without motivation of "sexual desire" by stating that any discrimination based on sex is actionable if it places the victim in an objectively-disadvantageous working condition, regardless of the gender of the victim or the harasser.
Common complaints in sexual harassment lawsuits include sexual gossip unrelated to work, jokes about physical contact inappropriate in workplace, commentary on physical appearance/attractiveness, joking about sex acts, fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes ...
US federal law protects individuals from discrimination or harassment based on the following nine protected classes: sex (including sexual orientation and gender identity [3]), race/color, age, disability, national origin, religion/creed, or genetic information (added in 2008).
Bostock v. Clayton County –— a landmark United States Supreme Court case in 2020 in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of their sexual orientation or gender identity; Civil Rights Act of 1866 [3] Civil Rights Act of 1871 [4] Civil Rights Act of 1957 [5]
Public schools operate under federal Title IX rules [72] for sexual harassment and discrimination and the federal K-12 law, the Elementary and Secondary Education Act, suggests states pass laws to prevent educator sexual misconduct. [25] These laws do not apply to private schools.
Human Rights Act 1993 under 62 sexual harassment states that, in the course of engaging in any of the activities covered by the provisions of subsection (3), it is illegal for anyone to ask another person for sexual relations, sexual contact, or any other type of sexual activity when doing so contains an implicit or overt guarantee of favorable ...