discrimination
 
How common is sexual harassment?

Sexual harassment is often not reported because people are embarrassed or scared of what might happen if it is reported.

In Fiscal Year 2006, EEOC received 12,025 charges of sexual harassment. 15.4% of those charges were filed by males. EEOC resolved 11,936 sexual harassment charges in FY 2006 and recovered $48.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).  www.eeoc.gov

When is an environment hostile?

When it is considered hostile by one in the environment AND

When it is severe enough that a reasonable person would consider it abusive.

The courts will consider numerous factors in trying to determine if an environment is hostile:

  • Frequency of the unwelcome conduct
  • Severity of the conduct
  • Whether it was physically threatening
  • Whether it interfered with work performance
  • Whether the harasser was a superior
  • Where the behavior occurred.

Is sexual harassment of men either by women or by other men, discriminatory?

Is  sexual harassment by a member of the same sex discriminatory?

Yes, any form of unwelcome sexual behavior against people of either gender and independent of sexual orientation may be the basis for a case of unlawful sexual harassment.

206 U.S. Dist. Lexis 11823 (2006)

 
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