Figure 9.4
Employees are protected against discrimination by employers by a number of laws enacted at
both the federal and state level. (Credit: Wokandapix/ pixabay/ License: CC0)
Sexual harassment is also protected under Title VII. This type of harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Two types of
sexual harassment are recognized. Quid pro quo occurs when a manager makes a sexual demand on a
worker, and this demand is perceived as a condition of employment. Actions that create a hostile work
environment are another type of sexual harassment. These issues have been used in cases of discrimination
based on race and religion as well as sex. Since the 1997 case Oncale v. Sundowner Offshore Services Inc., it
has been established that sexual harassment undertaken by a member of one sex against a member of the
same sex is actionable under Title VII. In some limited circumstances, employers may also be liable for
harassment of employees by non-employees, e.g., customers. The employer is liable if it does nothing to
prevent and remedy harassment targeted at one of its employees. The Pregnancy Discrimination Act of 1987
expanded the definition of sex discrimination to include discrimination based on pregnancy, childbirth, or
medical conditions related to the same.
Defenses to Title VII Claims
Defense
Description
Table 9.5
Chapter 9 Employment and Labor Law
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