Legal Definition of Sexual Harassment Under Federal Law

Two Types of Sexual Harassment Under Title VII

Quid Pro Quo Sexual Harassment: This occurs when employment benefits are conditioned on sexual favors or when rejection of sexual advances results in adverse employment actions. Key elements include: - Unwelcome sexual conduct by someone in authority - Express or implied conditioning of employment benefits on sexual compliance - Adverse employment action for rejecting sexual advances - Causal connection between rejection and adverse action Hostile Work Environment Sexual Harassment: This involves unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment. Legal requirements include: - Unwelcome conduct of a sexual nature - Conduct that is severe or pervasive - Conduct that unreasonably interferes with work performance - Employer knowledge or responsibility for the harassment

Supreme Court Precedents Defining Sexual Harassment

Meritor Savings Bank v. Vinson (1986): Established that sexual harassment violates Title VII and that hostile work environment claims are legally cognizable. The Court held that harassment need not cause economic injury or involve quid pro quo arrangements to be illegal. Harris v. Forklift Systems (1993): Clarified that victims need not prove severe psychological injury to establish hostile work environment. The Court established both objective and subjective standards for evaluating harassment claims. Burlington Industries v. Ellerth (1998) and Faragher v. City of Boca Raton (1998): Created framework for employer liability in sexual harassment cases and established the Ellerth/Faragher defense, allowing employers to avoid liability by proving they had effective anti-harassment policies and the employee unreasonably failed to use them.

Recent Legal Developments

#MeToo Movement Impact: The #MeToo movement has led to increased awareness and reporting of sexual harassment, resulting in: - Enhanced EEOC enforcement efforts - State law expansions of sexual harassment protections - Increased jury awards in sexual harassment cases - Corporate policy reforms and training improvements State Law Expansions (2018-2024): Many states have expanded sexual harassment protections beyond federal minimums: - Lower thresholds for hostile environment claims - Expanded coverage to smaller employers - Prohibition of non-disclosure agreements in settlement - Mandatory sexual harassment training requirements