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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 ...
Vinson, 477 U.S. 57 (1986), is a US labor law case, where the United States Supreme Court, in a 9–0 decision, recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace.
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.
The case was about retaliation, not sexual harassment, so Hubbard had to prove there was a causal relationship between Mike’s whistleblowing and HSBC’s actions against him. While several of the most sordid details were revealed—Eileen offering Jill to clients and executives, the breast-flashing incident—they were not the focus of the trial.
In the late 1990s, some legal scholars began to advocate for more explicitly including gender harassment in sexual harassment law, but this was a minority view. [22] Existing sexual harassment law frequently does cover some instances of gender harassment, but it is often viewed as less severe than other types of sexual harassment in a legal ...
The definition of sexual harassment includes harassment by both peers and individuals in a position of power relative to the person being harassed. In schools, though sexual harassment initiated by students is most common, it can also be perpetrated by teachers or other school employees, and the victim can be a student, a teacher, or other ...
New York law allows a non-resident who does not transact business in New York to be sued if the non-resident has committed a tortious act within the state of New York. Since King's website was created by a person physically in Missouri, there was no tortious act in New York and the court held that there was no personal jurisdiction over King.
The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment. [19] The definition of "aggrieved woman", who will get protection under the Act is extremely wide to cover all women, irrespective of her age or ...