Sexual Harassment Conduct

Title VII is meant to be read broadly to determine if a specific conduct rises to the level of sexual harassment.  The statute provides basic guidelines and allows case law to paint a more complete picture.  Federal Courts established that it is a basic violation of Title VII when “an artificial barrier to employment has been placed on one gender and not the other.”  Any sort of condition of employment that is placed on an employee because of gender is considered a barrier.  So one of the elements that a Plaintiff must prove is that but for the fact of her sex, she would not have been the object of harassment.  So the law requires that the Plaintiff show that the complained conduct was sexual in some degree.  Then show that there was  request for sexual favor in exchange for employment or hostile work environment sexual harassment.

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