Question

Question is : Sexual harassment is a claim that must be based on sex.

1. What defenses does an employer have when an employee engages in actionable sexual

harassment?

2. What if a manager harasses both male and female employees equally, and offends everyone.

Explain why this does NOT give rise to a cause of action under Title VII

Answer 1

Sexual Harassment is something that happen in any settings like workplace, organization, public, institution etc., Basically when an individual in any particular setting try to abuse someone in that place sexually then it is known as sexual harassment. Mostly this occur in the places where the employer have a more dominant power over their employees. It can occur for both male and female but it is commonly happens for female employees. Rarely same sex can harassment also occurs. These kind of behavior are not reported by the victims because of many reasons such as to get a promotion or to keep their job for their family sake, or the victim might be a weak person that he or she is controled by the higher authority.

1. Defenses employer uses : It never happened, the conduct was not on the sexual way, We are a well known company so these kind of acts won't happen, we usually won't allow these kind of behavior, putting blame on the victim, bribing the jury, burying the news within the company itself, giving money to the victim to keep it secret when they try to file a case in court etc.,

2. Unless a proper cause or reason for harassemntis not explained then the harassment by the employer will not come under Title VII