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Sexual Harassment Case

Randy LouvenbergerThe Equal Employment Opportunity Commission’s (EEOC) sexual harassment guidelines and the Civil Act of 1964, indicate that Susan Parker was indeed sexually harassed throughout her employment at Plastech Industries. The EEOC has created a set of guidelines that determine liability. These EEOC guidelines say that “A key factor in determining liability is whether the employer has an effective internal grievance procedure that allows employees to bypass immediate supervisors (who are often the offenders)” (Making the Sale p.46). According to the EEOC and section 703 of Title VII in the Civil Act of 1964, sexual harassment is: “ …sex discrimination not because of the sexual nature of the conduct to which the victim is subjected but because the harasser treats a member or members of one sex differently from members of the opposite sex. However, it is the sexual nature of the prohibited conduct which makes this form of sex discrimination sexual harassment” (EEOC Compliance Manual).The two types of sexual harassment recognized today are known as “quid pro quo” and “hostile environment”. According to the EEOC guidelines, quid pro quo exists when “submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting such individual”. Hostile environment exists when unwelcome sexual conduct greatly disturbs an individual and interferes with the individual’s job performance. Hostile environment also creates an intimidating workplace for all employees. (EEOC Compliance Manual)The EEOC has also stated that a victim of sexual harassment need not say anything to any supervisor. Co-workers and supervisors are liable if any one knew or should have known that unprofessional conduct was occurring. If it can be proved that the harasser knew what (s)he was doing was wrong, the harasser can be he...

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