Asked by Huyen Nguyen on Jun 25, 2024
Verified
Virginia's boss, Luke, constantly uses sexually explicit language while communicating with his female subordinates. Though many female employees are bothered with this behavior, no one has ever complained for fear of negative repercussions. However, Virginia files a complaint against Luke with the Equal Employment Opportunity Commission (EEOC). Will this be considered as discriminatory behavior? Why or why not? Explain the prohibitions under Title VII for related behavior.
Sexually Explicit Language
Language or material that explicitly describes or pertains to sexual acts, organs, or preferences, typically considered inappropriate for certain contexts and audiences.
Equal Employment Opportunity Commission
A federal agency responsible for enforcing laws prohibiting job discrimination in the U.S.
Title VII
A section of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, and national origin in the United States.
- Comprehend the legal structure governing antidiscrimination practices in the workplace.
Verified Answer
Based on Title VII's prohibition of sex discrimination, the EEOC defines sexual harassment of employees as unlawful employment discrimination. Sexual harassment refers to unwelcome sexual advances. The EEOC has defined the types of behavior and the situations under which this behavior constitutes sexual harassment:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
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.
Learning Objectives
- Comprehend the legal structure governing antidiscrimination practices in the workplace.
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