01:377:203 Lecture Notes - Lecture 5: Lemon V. Kurtzman, Lee V. Weisman, Establishment Clause
8 Sep 2016
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Document Summary
Sexual harassment does not exist outside of the workplace. Quid pro quo harassment: when an employer conditions a job-related benefit (raise, promotion) upon an employees willingness to engage in a sexual behavior o o. You scratch my back, i scratch yours, kinda thing. Hostile environment harassment: when an employee is subjected to repeat unwelcome behaviors that do not constitute sexual bribery but are sufficiently severe and pervasive that they create work environment so hostile their job o o. The severity of the offensive conduct: whether the conduct is physically threatening or humiliating or merely an offensive utterance, whether the conduct unreasonably interferes with an employees" work performance. The employer may assert an affirmative defense stating: The employer exercised reasonable care to prevent and promptly correct any sexual harassing behavior. The plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. Retaliation for seeking justice/whistleblowing under title vii or title ix o.
