It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Assignment: 

 Read:  https://www.eeoc.gov/laws/types/sexual_harassment.cfLinks to an external site. and then go to Policy & Guidance Read Enforcement Guidance on Harris v. Forklift Sys., Inc. No. 92-1168 slip op. (Nov. 9, 1993) Links to an external site.

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 After reading the Case, answer the following questions (write the question first followed by the answer).

1. Why was the first case of  Harris v. Forklift Sys., Inc. dismissed and no charges of sexual harassment filed?

2. Explain the difference between Justice Scalia and Justice Ginsburg opinion on concerning hostile environment.

3. Does psychological well-being have to be determined in order for a case to be considered a hostile environment? Why or why not?

4. What is “Totality of the Circumstance” mean?

5. What is the meaning of the term “Reasonable Person”? How would this apply to the Harris v. Forklift Sys. Inc. case? 

6. Define what is an  “Unwelcome” verbal or physical conduct of a sexual nature? 

7. From the powerpoint: explain the differences between myth and truth and show examples of each.

Include references for each question.

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