LGS 200 Chapter Notes - Chapter 22: Fourteenth Amendment To The United States Constitution, Disparate Impact, Protected Group
21 Mar 2017
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When a harassment of coworkers, rather than supervisors, creates a hostile working environment, an employee may still have a cause of action against the employer. If the employer knew about the harassment and failed to take corrective action. Proving that the harassment in same-gender cases is based on sex can be difficult. Easier to establish a case against a same-gender harassment when the harasser is homosexual. Federal law does not prohibit discrimination or harassment based on a person"s sexual orientation. But a growing number of states have enacted laws that prohibit sexual orientation discrimination in private employment. Racial jokes, ethnic slurs, or other comments contained in e-mail, texts, blogs, and social media can lead to a claim of hostile-environment harassment or other forms of discrimination. If the plaintiff successfully proves that unlawful discrimination occurred, he or she may be awarded reinstatement, back pay, retroactive promotions, and damages. Compensatory damages are available only in cases of intentional discrimination.
