Discussion: Sexual Harassment

Interpretation of anti-discrimination laws continually evolve under new court decisions. A particular form of sexual harassment, “hostile work environment,” occurs when actions in the workplace make it difficult for someone of a particular gender to work. According to the textbook, these cases involve three critical issues: a) the plaintiff cannot have invited or incited such actions; b) the actions must be severe enough to alter the terms or conditions of employment; and c) courts must determine if the employer is liable for the actions. Listen to this NPR story: “Sexual Harrassment

https://www.npr.org/2017/11/28/565743374/sexual-harassment-cases-often-rejected-by-courts

Discussion Questions

Besides the issues mentioned in the textbook, what other issues do courts appear to consider when ruling on sexual harassment cases?
What effects do these additional issues have on litigating or defending sexual harassment cases?
Do you believe that court rulings are consistent with contemporary views of sexual harassment? Justify your position.

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