Exam 12: Employment Discrimination

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Discrimination on the basis of sex can take the form of workplace sexual harassment.There is no actual statute that makes sexual harassment illegal.Instead,sexual harassment is the product of judicial interpretation of what it means to discriminate on the basis of sex.Courts have generally recognized two forms of sexual harassment.The first,known as quid pro quo,involves asking for sexual favors in return for job opportunities or advancement.Courts reason that if a male worker asks a female worker for sex in return for favorable treatment,it is because that worker is female,and therefore a Title VII violation has occurred.If a supervisor fires a subordinate for breaking up with him or her,then quid pro quo harassment has taken place. Another type of sexual harassment is known as the hostile work environment.A hostile work environment is one where hostile conditions in the workplace are severe and pervasive,unwelcome,and based on the victim's gender.Courts are careful not to impose manners on workplaces,so an offhand remark or dirty joke is unlikely to be sexual harassment.To be considered sexual harassment,the harassment must be so severe or pervasive that it alters the conditions of the victim's employment.