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Sexual harassment


 

Sexual harassment is harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences. In American employment law and, it is any unwelcome sexual advance or conduct on the job, having the effect of making the workplace intimidating, hostile or offensive. Similar definitions have been established for academic environments. Sexual harassment is considered a form of illegal discrimination and a mild form of sexual and psychological abuse. However, psychologists and social workers report that severe and/or chronic sexual harassment can have the same psychological effects on victims as rape or sexual assault. Backlash and retaliation for complaining about the harassment can further aggravate the effects. Indeed, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded 6 million dollars in damages.)

Prima Facie Case for Sexual Harassment

To establish a prima facie case for sexual harassment, you must show that:

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There were unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when

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1. Submission to such conduct was made either explicitly or implicitly a term or condition of an individual's employment,

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2. Submission to or rejection of such conduct by an individual was used as the basis for employment decisions affecting such individual, or

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3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

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