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CLAIMS OF DISCRIMINATION AND SEXUAL HARASSMENT
Title VII of the Civil Rights Act of 1964 makes it Aan unlawful
employment practice for an employer . . . to discriminate
against any individual with respect his compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, religion, sex or national origin.@ 42 U.S.C.
'2000(e) - 2(a)(1).
Title VII was enacted in 1964, primarily as an effort to
eliminate existing economic barriers against blacks in the
area of employment. Today, Title VII is used to protect certain
employees from discrimination in employment, and is most often
litigated on the issue of sexual harassment.
There are two types of sexual harassment under Title VII
and state law: Quid pro quo sexual harassment and hostile
work environment sexual harassment.
A quid pro quo claim essentially alleges that the employer
or supervisor denied an employee of an economic opportunity
because of the refusal of the employee to perform sexual favors
on that individual, or the supervisor or employer conditioned
an economic opportunity on providing such sexual favors.
A hostile work environment claim of sexual harassment can
be established upon a showing that an employee was subjected
to unwelcome sexually offensive statements or contact that
so permeated the work environment that it materially altered
the conditions of that person=s employment.
Sexual harassment, in any form, is wrong. That is not to
say, however, that any sexual banter at work automatically
rises to the level of a federal claim. Questions concerning
whether the conduct at issue states a claim for sexual harassment,
and if so, whether the employer itself is responsible, are
often difficult ones. Dreyer Boyajian will conference a case
with a potential client and answer any questions that they
have concerning these issues, or related issues of statute
of limitations; state filing requirements, and limitations
on damages.
By working together, the client benefits from the firm's
experience, and the firm is in a better position to litigate
or settle the case.
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