Some Facts About Sexual Harassment: .
- Both men and woman can be victims of sexual harassment.
- Either a man or a woman can be the harasser. .
- Sexual harassment can occur from a person of the same sex. .
- The person complaining about sexual harassment does not have to be the person at whom it was directed. .
- There are several different types of sexual harassment.
The D.C. District Court decided the first case under Title VII of the U.S. Code in 1976. Between 1976 and 1991, victims were only entitled to collect back pay, lost wages, and, if necessary, get their jobs back; they were not entitled to damages for pain and suffering. .
In 1991, Congress amended Title VII, allowing victims a trial by jury, and the ability to sue for pain and suffering. Limits were placed on damages as follows: companies with 15-100 employees, $50,000; 101-200, $100,000; 201-500, $200,000; and over 500 employees, $300,000. .
The two main forms of sexual harassment are, quid pro quo and hostile work environment harassment. .
- Quid Pro Quo Harassment. Quid pro quo is Latin for "something for something" or "this for that." When an employee is asked either directly or indirectly or submits to a sexual advance in exchange for some benefit at work (such as a promotion or a pay advance), quid pro quo harassment has occurred. .
- Hostile work environment harassment. When harassment makes the workplace intolerable because constant sexual or gender-based activity or comment interferes with an employee's ability to do their job hostile work environment sexual harassment has occurred. .
Sexual harassment may also have occurred if an employee has been granted a promotion over a coworker in return for sexual favors. In this situation the coworkers can allege sexual harassment by showing that they were denied an equal opportunity for promotion because of the improper sexual conduct.
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Employers must protect themselves and their employees by establishing and enforcing a sexual harassment policy, which includes the following guidelines: .