The issue of sexual harassment has been prevalent throughout this country from the office of the President of the United States, throughout military services and among educational institutions. Under Title VII of the Civil Rights Act of 1964, sexual harassment is a form of discrimination and although it is an offense committed by both females and males in assorted measures, it is predominately committed by males against females.
"Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be man or woman. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome" (Facts About Sexual Harassment, 1997 & 2000).
Types of Sexual Harassment & Related Cases
Federal law recognizes two different forms of claiming sexual harassment under Title VII. The first is quid pro quo. Under the quid pro quo form of harassment, a person in authority, usually a supervisor demands sexual favors of a subordinate as a condition of getting or keeping a job benefit. EEOC guidelines define sexual harassment generally as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" (www.eeoc.gov). In quid pro quo cases, the offense is directly linked to an individual's terms of employment or forms the basis for employment decisions affecting the individual. Usually, such cases are easy to recognize the first sexual harassment lawsuit under Title VII...