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Helping Employers Prevent Harassment and Discrimination Lawsuits

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Hello,

Here is more in the ongoing series: Sexual Harassment in the Workplace.  

This week I will look at Sexual Favoritism.  This falls under the Hostile Environment category of the federal law that governs harassment and discrimination in the workplace. 

The Civil Rights Act of 1964 makes it illegal to discriminate on the basis of race, color, religion, age, national origin, and sex. Businesses are required to comply with both federal and state laws governing harassment and discrimination.


Sexual Favoritism is not a federal law unto itself (although some states declare it as such), but an aspect of either Quid Pro Quo or Hostile Environment that is worth exploring.

This type of harassment occurs when employees, who submit to a manager or supervisor’s sexual demands, are rewarded by that manager or supervisor. It is important to note however, that the wronged party(ies) is not the one who submitted, but those who did not and are denied the benefits of the submission. 

In other words, employees who are otherwise denied raises or promotions may claim that they were penalized by the s.exual attention directed at the favored coworkers.

How has the court ruled in these cases? 

  • Isolated events and non-coerced submission to s.exual demands have not been upheld by the courts as sexual harassment.
  • The employer may be held liable for unlawful s.ex discrimination against other persons who were qualified for but were denied that employment opportunity or benefit.
  • Supervisors may also be held liable.

Next: Harassment by Non-Employees

Did you know that the Equal Employment Opportunity Commision requires that employers take reasonable steps to prevent harassment before it occurs?

Take the steps to a harassment-free workplace. more info

 

court caseSexual Favoritism
Astra AB, a Swedish company, admitted it allowed a hostile work environment -- including requests for s.exual favors in exchange for favorable treatment – for women at its U.S. headquarters in Westboro, Massachusetts.

Award: $9,850,000 in monetary damages

Protect Your Bottom Line: make sure everyone in your company is trained in all aspects of harassment and discrimination, thoroughly understands the company policy for reporting it, and has been provided with the procedures and forms necessary to make a complaint. Supervisors require additional training. more info

Call me at 866.241.9927 me for more information. --Rhonda

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Best Regards,
Rhonda Goetz

Email: Rhonda is at chromezebra.com
Voice: 866.241.9927 toll-free
Web: http://www.chromezebra.com

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