Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mids. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls. The term "sexual harassment" was coined and popularized by Lin Farley inbased on a pattern she recognized during a Cornell University class she taught on women and work. United States law recognizes two forms of sexual harassment: In the US, the Civil Rights Act of prohibits employment discrimination based on race"Sexual harassment cases in the us," color, national origin or religion.
Initially only intended to combat sexual harassment of women, 42 U. This discrimination occurs when the sex of the worker is made as a condition of employment i. This act only applies to employers with 15 or more employees.
The Civil Rights Act of added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment. Train is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used.
She brought the case after losing her job for refusing the advances of a male supervisor. InWilliams v. Saxbe was the first case in a U.
District Court to establish that quid pro quo sexual harassment constitutes sex discrimination under the Civil Rights Act of A male supervisor was found to have retaliated against Diane R. Williams by firing her after she refused to have sex with him. The court found that it was form of sex discrimination when a condition of employment is to submit to the sexual advances of a superior. Additionally, there was evidence that other female employees had been subjected to similar conditions.
It was ruled that William B. Saxbe had only required women to submit to his advances, which created an artificial barrier to employment for one gender but not the other. Williams v Saxbe established a clear-cut type of sexual harassment, quid pro quoand was the first to establish it in a U. In response to the findings of this case, several earlier decisions against sex discrimination lower courts were reversed on appeal, including Barnes v Train.
Train was initially dismissed, Paulette Barnes won on appeal in Barnes v. During this case, the District of Columbia Court of Appeals ruled it was sex discrimination for a woman to suffer tangible employment losses for example losing her job for refusing to submit to requests for sexual favors. The appeals ruling was based in part on the Williams v. In the case of Meritor Savings Bank v. Vinsonthe Supreme Court first recognized "sexual harassment" as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer liabilityand that speech or conduct in itself can create a " hostile environment ".
Vinson, reported sexual harassment cases grew from 10 cases being registered by the EEOC per year before case being reported in the subsequent following year. The case of Ellison v.
Brady resulted in rejecting the reasonable person standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed from the perspective of the complainant and not the defendant.
Also inJenson v. Seven years later, inthrough that same case, new precedents were established that increased the limits on the " discovery " process in sexual harassment cases, that then allowed psychological injuries from the litigation process to be Sexual harassment cases in the us in assessing damages awards. In the same year, the courts concluded in Faragher v. City of Boca Raton, Floridaand Burlington v. Ellerththat employers are liable for harassment by their employees.