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Quid Pro Quo Essay

920 words - 4 pages

In 1980 the EEOC issued guidelines stating that sexual harassment is a form of sex discrimination that is prohibited by Title VII. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of an “individual’s race, color, religion, sex or national origin.” From the time of its inception, Title VII has given victims of sexual harassment a claim of action against their employers for the discriminatory acts of co-workers, supervisors, and even customers. Title VII evolved over the years to establish both guidelines for defining sexual harassment in the workplace and recommendations for dealing with this problem. The courts thus require a “plaintiff show that ...view middle of the document...

It needs to show injury such as missing work or being terminated, which results in loss of wages.
For an employer’s conduct to rise to the level of quid pro quo sexual harassment a “tangible employment action must result from a refusal to submit to a supervisor’s sexual demands.”A tangible employment action is any change in position, benefits, duties or even job loss. The federal courts conclude that for an employer’s actions to rise to the level of quid pro quo sexual harassment the behavior must involve the conditioning of employment on sexual favors, this conditioning must be based on the gender of the employee and culminate in a change in the benefits or existence of employment. Quid pro quo sexual harassment is a clear violation of Title VII and a court will readily find this type of behavior to rise to the level of inexcusable sexual harassment in the workplace. The statute explains that quid pro quo sexual harassment occurs when “submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment” or “submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment.” The employer is the employee’s first resource and best line of defense against sexual harassment in the workplace. Title VII provisions were not only meant to define workplace sexual harassment but also to educate employers in handling this issue. Employers are required to take all reasonable steps to prevent harassment from occurring, such as having a harassment policy, and training employees on sexual harassment. (Gov. Code, § 12940, subd. (k).) XYC inc. should have taken “prompt and...

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