NCJ Number
125369
Date Published
1989
Length
150 pages
Annotation
The law of sexual harassment evolves continually on a case-by-case basis as courts confront the difficult questions presented by these cases.
Abstract
The fundamental basis of most sexual harassment lawsuits is sex discrimination in violation of Title VII of the Civil Rights Act of 1964, or a similar State law. Normally, a sexual harassment complaint will include common law "tort" claims as well as claims of sex discrimination. This allows for the economic prospects of damages for "pain and suffering" and punitive damages. One of the most significant and complex issues in harassment cases is the extent to which an employer will be liable for the harassment of its employees. Whether an employer is held liable for alleged sexual harassment will depend on a variety of factual and legal issues. The Supreme Court has confirmed that employers can substantially limit their exposure to liability for sexual harassment by intelligent practices. One of the most important precautionary steps an employer can take is to educate supervisors about the legal problems presented by sexual harassment. 43 notes, appendix.