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Sexual harassment laws were first added to federal law when the Civil Rights Act was passed in 1964. Title seven of the Civil Rights Act makes it unlawful for an employer to “discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment,” on the basis of that person''s sex, race, national origin, religion, or color. This was the first time that it was made explicitly illegal to discriminate against individuals in the workplace on the basis of these factors. This act also set the foundation for further development of sexual harassment laws.
Since the enactment of the Civil Rights Act of 1964, sexual harassment laws have continued to be defined and refined through interpretations made by the Supreme Court. Federal sexual harassment laws allow for victims to file a complaint with the Equal Employment Opportunity Commission. The EEOC investigates claims of sexual harassment in the workplace and educational system. In 1998, the Supreme Court set out two specific definitions of sexual harassment laws violations.
“Quid pro quo” sexual harassment occurs when an individual''s employment is made contingent upon a desired reaction to sexually oriented conduct. Sexual harassment laws do not require that a harasser blatantly offer an ultimatum to his victim; rather the implications of their requests can be more subtle and still constitute a violation of sexual harassment laws. “Hostile environment” sexual harassment occurs when sexually oriented conduct that is pervasive or severe creates a hostile or offensive work environment.
Federal sexual harassment laws cover any victim who is an employee of a company with fifteen or more employees. Employees from smaller organizations are unable to seek relief through federal laws, however many states have enacted sexual harassment laws which extend protection to employees of smaller organizations. Ultimately, both state and federal sexual harassment laws hold an employer liable for sexual harassment. Employers are urged to have sexual harassment policies, a means for complaints and grievances to be processes and a protocol for handling sexual harassment claims.
There are many situations that constitute a violation of sexual harassment laws. Victims of sexual harassment in the workplace have the legal right to file a claim and put a stop to inappropriate sexual conduct. People who experience sexual harassment should make it clear to the perpetrator that their actions are unwelcome. When the perpetrator is in a position of power, which is often the case, it may be difficult for a victim to stop sexual harassment alone. Another proactive step that a victim can take is to follow company procedures for filing a claim when sexual harassment laws are violated.
Consulting with an attorney who specializes in sexual harassment laws and relevant claims can also be a very important step in stopping sexual harassment. A qualified attorney can advise you of your legal rights and options in a sexual harassment case. An attorney can ensure that your rights are protected and that you receive compensation for the damages you have suffered as a result of sexual harassment.
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