sexual harassment, ada, etc

8/14/2019 Sexual Harassment, ADA, Etc

1/11

Sexual Harassment


2/11

What is Sexual

Harassment?

Quid pro harassment

Hostile environment harassment

Sexual favoritism


3/11

Landmark CasesA. Meritor Savings Bank, FSB v.

Vinson (1986)

Sexual Harassment defined:

1. It must be unwelcomed

2. The employer must have knowledge,either actual or implied

3. Either job opportunities must be involved or a hostile

environment created


4/11

Landmark CaseB. Harris v. Forklift Systems (1993)

November 1993: Supreme Court rejected thepsychological injury standard.

Law is broken if a "reasonable person"would find the workplace a hostile andabusive environment.


5/11

What should an employer

do?A. Specific written policy

B. Investigate complaintsC. Establish an investigation procedure

D. Communicate the policy

E. Ensure ALL complaints are investigated.

F. Establish a grievance policy


6/11

What should an employer

do?G. Require employees to report

unwelcome events.

H. Ensure prompt action followinginvestigation

I. Ensure no retaliation for complaints

J. Monitor potentially hostile situations

K. TRAIN employees!


7/11

Comparable WorthA. Early 1970's courts said can't

compare apples and oranges

B. 1981 County of Washington v.Gunther (1981)

C. AFSCME v State of Washington 1985


8/11

Americans with

Disabilities Act (1990)

B. Need to make reasonable accommodations

C. Need not lower standards, but applyequally

A. Can't deny a job to a disabled individual if theperson is able to perform the essential

functions of the job


9/11

Americans with

Disabilities Act (1990)

E. Can't make pre-employmentinquiries about a person's disability,but may ask questions about abilityto perform specific job functions

D. Tests or other standards that mayscreen out on the basis of disabilitymust be job related and consistentwith business necessity


10/11

Americans with

Disabilities Act (1990)F. Pre-employment medical exams or medical

histories may not be required, but employers

may condition job offers on the results of apost-offer medical exam.

G. Review job applicant forms, interviewprocedures, and job descriptions.

H. Job descriptions are not required but

advisable.


11/11

"In virtually any ADA legal action, a criticalquestion will be, what are the essentialfunctions of the position involved?...If forexample, a disabled employee isterminated because he or she cannotperform a particular function, in theabsence of a job description that includessuch function it will be difficult to convincea court that the function truly was anessential part of the job".

sexual harassment, ada, etc

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