NCJ Number
118099
Journal
Trial Volume: 25 Issue: 6 Dated: (June 1989) Pages: 35,36,37,38
Date Published
1989
Length
4 pages
Annotation
This article discusses the current state of the sexual harassment law as set forth by the Equal Employment Opportunity Commission and recent court decisions.
Abstract
In the case of Meritor v. Vinson, 477 U.S. 57 (1986), the Supreme Court stressed that "the gravamen of any sexual harassment claim is that the alleged sexual advances were 'unwelcome'." The areas left open by this decision are: (1) the welcomeness of sexual conduct, (2) the types of sexual conduct actionable as sexual harassment, and (3) the standards for employer liability for sexual harassment. The general definition of unwelcome conduct is that the conduct was considered undesirable or offensive by the employee. Determination of whether unwelcome sexual conduct rises to the level of an actionable hostile environment must be made on the basis of a number of factors, including whether or not the conduct was verbal or physical or both, whether there was a pattern of such conduct, and whether it was patently offensive. The absence of notice to an employer does not necessarily insulate the employer from liability nor are employers automatically liable when supervisors have sexually harassed subordinates. 35 notes.