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Evolution of Sexual Harassment Laws
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Civil Rights Act of 1964 Title VII
prohibits employment discrimination based on race, sex, national
origin or religion. The prohibition of sex discrimination covers both
females and males. But the origin of the law was to protect women in
the workplace and that is its main emphasis today. This discrimination
occurs when the sex of the worker is made as a condition of employment
(i.e. all male waiters or carpenters) or where this is a job
requirement that does not mention sex but ends up barring many more
persons of one sex than the other from the job (such as height and
weight limits)
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In
1980, the Equal Employment Opportunity Commission (EEOC)
issued regulations defining sexual harassment and stating it was a
form of sex discrimination prohibited by the Civil Rights Act of 1964.
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Title IX of the Education Amendments of 1972
prohibits sex discrimination in schools that receive federal funding.
Under regulations issued in 1997 by the U.S. Department of Education,
which administers Title IX, school districts should be held
responsible for harassment by educators if the harasser "was aided in
carrying out the sexual harassment of students by his or her position
of authority with the institution," such as authority to assign grades
or require students to stay after class.
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In
1986, the Supreme Court first ruled that sexual harassment can be sex
discrimination prohibited by Title VII of the Civil Rights Act of 1964.
In the case of Michelle Vinson V. Merit one Savings Bank, the court
ruled that speech or conduct in itself can create a "hostile
environment" and that such an environment violates the Civil Rights
Act. According to the justices, unwelcome verbal or physical behavior,
if "severe or pervasive" enough, is discriminatory even when there is
no quid pro quo.
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Civil Rights Act of 1991 added
provisions to Title VII protections including expanding the rights of
women to sue and collect compensatory (punitive) damages for sexual
discrimination or harassment.
Under existing sexual
harassment laws, plaintiffs could only collect back pay and attorneys
fees. Arguably, the most significant provision of the act was to grant
sexual harassment plaintiffs the right to jury trials.
INTERESTING
NOTE: This act was passed after the public consciousness
of sexual harassment issues were raised by the Clarence Thomas/Anita
Hill congressional hearings.
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The violence Against Women Act of 1994
severely restricts the admissibility of evidence of the past sexual
history of plaintiffs in sexual harassment suits, while specifically
permitting such evidence against harassers accused of assault.
Sexual Harassment Home Page
Recent Significant Developments in Sexual
Harassment Laws
Selected Sexual Harassment Jury Verdicts and
Settlements
Frequently Asked Questions About Sexual Harassment
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