Cameron Miranda
Sexual harassment laws have evolved over time. The first sexual harassment cases were brought to court in the mid-1970s, and the U.S. Supreme Court heard its first case in 1986, Meritor Savings Bank v. Vinson, which was a landmark case in establishing sexual harassment as a violation of federal law. The EEOC, or Equal Employment Opportunity Commission, enforces federal discrimination laws and officially establishes guidelines for sexual harassment in the workplace. The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
| Characteristics | Values |
|---|---|
| First sexual harassment cases | Mid-1970s |
| First sexual harassment case heard by the U.S. Supreme Court | 1986 |
| Sexual harassment definition established by the EEOC | Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature |
| Sexual harassment as a form of sex discrimination | Violates Title VII of the Civil Rights Act of 1964 |
| Applicability of Title VII | Employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government |
| EEOC's role in investigating sexual harassment allegations | Examining the entire record, including the nature of the conduct and context of the alleged incidents, and making determinations on a case-by-case basis |
| Importance of prevention in eliminating sexual harassment | Encouraging employers to take proactive steps, establish effective complaint processes, and take immediate action |
| Employer liability for sexual harassment | Responsible for taking action if they knew or should have known about the harassment and failed to act appropriately |
| Types of sexual harassment defined by the EEOC | "Quid pro quo" and "hostile environment" |
| Supreme Court's focus on "unwelcomeness" of conduct | Ruling that a plaintiff may establish a violation of Title VII by proving discrimination |
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What You'll Learn
The EEOC's definition of sexual harassment
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. This applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government.
Sexual harassment is defined by the EEOC as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is important to note that this conduct constitutes sexual harassment when it explicitly or implicitly affects an individual's employment, interferes with their work performance, or creates an intimidating, hostile, or offensive work environment.
The EEOC's Guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment." "Quid pro quo" refers to when submission to unwelcome sexual conduct is made explicitly or implicitly a term or condition of an individual's employment. A "hostile environment" occurs when unwelcome sexual conduct interferes with an individual's work performance or creates an intimidating or offensive work environment.
When investigating allegations of sexual harassment, the EEOC considers the nature of the sexual advances and the context in which the incidents occurred. They look at the whole record, including the circumstances, to determine whether sexual harassment has occurred on a case-by-case basis.
It is important to note that the EEOC's documents on sexual harassment are intended to provide clarity to the public and do not have the force of law. However, they offer valuable guidance on defining sexual harassment and establishing employer liability.
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The evolution of sexual harassment laws
The Civil Rights Act of 1964, specifically Title VII, established the initial legal foundation for preventing sexual harassment in the workplace. This legislation prohibited discrimination based on race, colour, religion, sex, or national origin, and while it did not explicitly mention sexual harassment, it laid the groundwork for future developments. Title IX of the Education Amendments of 1972 further broadened the scope by prohibiting sex discrimination in federally funded schools.
The first sexual harassment cases began to emerge in the mid-1970s, with Barnes v. Train being considered one of the earliest, even though the term "sexual harassment" was not used at the time. It wasn't until a decade later, in 1986, that the issue reached the U.S. Supreme Court in Meritor Savings Bank v. Vinson. This landmark case affirmed that severe or pervasive sexual harassment by a supervisor towards an employee violated federal law. The Court also emphasised the responsibility of employers to take action if they are aware of such misconduct.
Following this, the Equal Employment Opportunity Commission (EEOC) established guidelines and a definition for sexual harassment in the workplace. They characterised it as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." This definition clarified that sexual harassment is a form of sex discrimination prohibited by the Civil Rights Act of 1964. The EEOC's guidelines also introduced the concepts of "quid pro quo" and "hostile environment" to describe different types of sexual harassment.
In 1991, Congress passed the Civil Rights Act, signed into law by President George H.W. Bush, to strengthen protections for employees facing discrimination. This legislation continued to shape the legal framework surrounding sexual harassment and encouraged employers to take proactive measures to prevent and address harassment in the workplace.
Today, the EEOC remains committed to investigating allegations of sexual harassment and determining liability on a case-by-case basis. Employers are encouraged to establish effective complaint processes, provide anti-harassment training, and take prompt corrective action to create a safe and respectful work environment for their employees.
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The EEOC's investigation process
The Equal Employment Opportunity Commission (EEOC) was created by the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, colour, religion, sex, or national origin. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act.
The Respondent and the Charging Party will be asked to provide information, and the investigator will evaluate the information submitted. They will then make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. If the investigator concludes that unlawful discrimination has occurred, they will determine whether the employer's remedial action was appropriate and effective. If the harassment has been eliminated, victims have been made whole, and preventive measures have been instituted, the investigator will typically close the charge.
The investigation process is non-adversarial and takes approximately 10 months on average. However, cases can often be settled faster through mediation, which usually takes less than 3 months. If the laws enforced by the EEOC do not apply to the claims, or if the charge is untimely, the investigation will be closed, and the Charging Party will be notified. If the complaint has been amended, the investigation must be completed within 180 days of the last complaint or 360 days of the original complaint, whichever is earlier.
The Charging Party has the right to appeal to the Office of Federal Operations (OFO) if their complaint is dismissed. If the complaint is dismissed by the OFO, they must issue a final decision, providing reasons and supporting evidence. The Charging Party will then have the right to appeal to the EEOC.
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The EEOC's guidelines for employers
The Equal Employment Opportunity Commission (EEOC) has laid down several guidelines for employers to prevent sexual harassment in the workplace. Firstly, it is important to note that sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government.
The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct constitutes sexual harassment when it explicitly or implicitly affects an individual's employment, interferes with their work performance, or creates an intimidating, hostile, or offensive work environment. The EEOC's guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment." "Unwelcome" sexual conduct constitutes sexual harassment when "submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment."
Employers are encouraged to take proactive steps to prevent sexual harassment. This includes clearly communicating to employees that sexual harassment will not be tolerated, providing sexual harassment training, and establishing an effective complaint or grievance process. Employers should also take immediate and appropriate action when an employee complains.
If a supervisor's harassment results in a hostile work environment, the employer can avoid liability by proving that they reasonably tried to prevent and promptly correct the harassing behavior, and that the employee unreasonably failed to utilize any preventive or corrective measures provided. When investigating allegations of sexual harassment, the EEOC considers the nature of the sexual advances and the context in which the incidents occurred, making determinations on a case-by-case basis.
The EEOC has also provided enforcement guidance on harassment in the workplace, which includes a legal analysis of standards for harassment and employer liability. This guidance supersedes previous documents, including Compliance Manual Section 615: Harassment (1987) and Policy Guidance on Current Issues of Sexual Harassment (1990). It is important to note that these documents do not carry the force of law but aim to provide clarity to the public regarding existing legal requirements.
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Sexual harassment in the Supreme Court
The issue of sexual harassment violating Title VII of the Civil Rights Act of 1964 was brought before the Supreme Court in 1986 in the case of Mechelle Vinson, who sued Meritor Savings Bank. This case, Meritor Savings Bank v. Vinson, was the first instance of sexual harassment being recognised by the court as "actionable". The case established that sexual harassment leading to non-economic injury was a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964.
The plaintiff, Vinson, could prove violations of the Act by demonstrating that discrimination based on sex had created a hostile or abusive work environment. The Court affirmed the EEOC's definition of two types of sexual harassment: "quid pro quo" and "hostile environment". The Vinson case also ruled that the sexual conduct between Taylor and Vinson could not be deemed voluntary due to the hierarchical relationship between supervisor and subordinate in the workplace.
The Supreme Court held that the proper inquiry focuses on the "unwelcomeness" of the conduct rather than the voluntariness of the victim's participation. The Court rejected the notion that Title VII only prohibits discrimination that causes "economic" or "tangible" injury. Instead, it affirmed that employees have the right to work in an environment free from discriminatory intimidation, ridicule, and insult, regardless of sex, race, religion, or national origin.
Following the ruling in the Vinson case, reported sexual harassment cases increased significantly. Before 1986, only 10 cases were registered per year by the EEOC, but in the year after the ruling, this number rose to 624. By 1990, 2,217 cases were reported, and by 1995, the number had climbed to 4,626.
Another notable case is Miller v. Bank of America, 600 F.2d 211, 20 EPD ¶ 30,086 (9th Cir. 1979), where the plaintiff was discharged for refusing to cooperate with her supervisor's sexual advances. This case set a precedent for the "reasonable woman" standard in sexual harassment law.
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Frequently asked questions
The EEOC's guidelines for sexual harassment in the workplace were established in 1986, following the Meritor Savings Bank v. Vinson case.
This case was about whether sexual harassment violates Title VII of the Civil Rights Act of 1964. The Supreme Court affirmed that severe or pervasive sexual harassment of an employee by their supervisor violates federal law.
The EEOC defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."
The purpose of the EEOC's guidelines is to provide clarity on existing requirements under the law and agency policies regarding sexual harassment.
The EEOC investigates allegations by looking at the entire record, including the nature of the conduct and the context in which the alleged incidents occurred. A determination of whether the conduct is illegal is made on a case-by-case basis.
