Article Abstract:
The US Supreme Court properly followed precedent in the same-sex case of Oncale v. Sundowner Offshore Services and added weight to the criteria constituting hostile work environments under Title VII sexual harassment prohibitions. The Court reaffirmed that the criteria for employment sexual harassment is the same regardless of sexual orientation. The determining factor was if unique treatment was given on the basis of gender.
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Article Abstract:
The US Supreme Court decided in Oncale v. Sundowner Offshore Services that same-sex sexual harassment in the workplace is prohibited by the Title VII of the Civil Rights Act of 1964. The deciding element for harassment cases is whether the behavior creates an offensive atmosphere in the workplace. The reasonable person standard is to be applied in determining sexual harassment.
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Article Abstract:
The authors outline the effect of the US Supreme Court's 1998 Faragher and Ellerth decisions on the imposition of employer liability in sexual harassment cases. The standards of employer liability for supervisory harassment prior to these decisions are examined.
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