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SEXUAL HARASSMENT
DEFINITIONS & CASE LAW
DEFINITIONS

In 1986, the United States Supreme Court ruled that Sexual Harassment is a form of discrimination, and thus is part of Title VII of the 1964 Civil Rights Act.

In 1991, the U.S. Congress voted to amend Title VII to allow Sexual Harassment plaintiffs jury trials in federal court, as well as punitive damages. Thus, employers can be subjected to both jury trials and punitive damage awards.

The EEOC (Equal Employment Opportunity Commission) defines Sexual Harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that interferes with an individual's work performance, or creates a hostile, intimidating work environment.




SEXUAL HARASSMENT CASE LAW

The three defining U.S. Supreme Court cases regarding Sexual Harassment are...

BURLINGTON INDUSTRIES, INC. v. ELLERTH, 118 S.Ct. 2257 (1998). This case establishes employer liability for both "quid pro quo" and "hostile environment" Sexual Harassment.

FARAGHER v. CITY OF BOCA RATON, 118 S.Ct. 2275 (1998). This case further establishes employer liability for Sexual Harassment, specifically when carried out by supervisory employees.

ONCALE v. SUNDOWNER OFFSHORE SERVICES, 118 S.Ct. 998 (1998). This case establishes employer liability for Sexual Harassment between two people of the same sex.


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