The law firm of Kaup & Shultz, Attorneys at Law, LC, is located in Johnson County and Douglas County (Overland Park and Lawrence). In addition, we can serve your needs by phone or through email, though at some point, there should be a face to face meeting whether you live in Wichita, Salina, Manhattan, Garden City, Goodland, Emporia or one of the other cities in Kansas. Even though you might be required to travel, it important for you that you find a Kansas lawyer is experienced in Kansas and federal employment rights, including sex discrimination and sexual harassment. |
| The Law of Sexual Harassment and Sexual Discrimination |
| Kaup & Shultz, Attorneys at Law, LC |
| Kaup & Shultz, Attorneys at Law, LC Overland Park, KS 913-385-9955 and 901 Kentucky Suite 305 Lawrence, KS 785-838-4300 email us |
| The information in these pages is intended for Kansas employees who are interested in sexual harassment law and hostile work environment. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
Sexual Harassment: Hostile Work Environment
and the Quid Pro Quo Forms of Harassment
The EEOC has made it clear that Title VII does not prohibit every bit of
conduct in the work place that is sexual in nature. The courts have
often said that Title VII does not create a "civility code." For example
simple foul language that does not have sexual overtimes is not illegal.
It also is not illegal to compliment on a woman on her new dress. Even
sexual banter and flirting can be legal when it is not unwelcome. Aas
well know, the work place is often where people meet and establish
romantic and/or sexual relationships (though this can be a bad idea).
Sexual harassment by definition is unwelcome sexual conduct that is a
term or condition of employment constitutes a violation of the law.
Although the concepts are somewhat outdated because of Supreme
Court decisions, the EEOC's Guidelines define two types of sexual
harassment: "quid pro quo" and "hostile environment."
Basic sexual harassment occurs when "unwelcome" sexual conduct
constitutes sexual harassment when "submission to such conduct is
made either explicitly or implicitly a term or condition of an
individual's employment." In other words, when a woman has to put
up with conduct as a part of her job that is unwelcome, objectively and
subjectively offensive in a sexual way, and is directed at a woman or
women in general, the conduct becomes a discriminatory term or
condition of employment and is illegal.
"Quid pro quo harassment" which means, this for that, occurs
when "submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual."
In other words, when the supervisor says that a promotion is
dependant on the woman providing sexual favors, the quid pro quo
form of sexual harassment is present. The Supreme Court's decision in
Meritor Savings established that both types of sexual harassment are
unlawful federal law as forms of sex discrimination.
and the Quid Pro Quo Forms of Harassment
The EEOC has made it clear that Title VII does not prohibit every bit of
conduct in the work place that is sexual in nature. The courts have
often said that Title VII does not create a "civility code." For example
simple foul language that does not have sexual overtimes is not illegal.
It also is not illegal to compliment on a woman on her new dress. Even
sexual banter and flirting can be legal when it is not unwelcome. Aas
well know, the work place is often where people meet and establish
romantic and/or sexual relationships (though this can be a bad idea).
Sexual harassment by definition is unwelcome sexual conduct that is a
term or condition of employment constitutes a violation of the law.
Although the concepts are somewhat outdated because of Supreme
Court decisions, the EEOC's Guidelines define two types of sexual
harassment: "quid pro quo" and "hostile environment."
Basic sexual harassment occurs when "unwelcome" sexual conduct
constitutes sexual harassment when "submission to such conduct is
made either explicitly or implicitly a term or condition of an
individual's employment." In other words, when a woman has to put
up with conduct as a part of her job that is unwelcome, objectively and
subjectively offensive in a sexual way, and is directed at a woman or
women in general, the conduct becomes a discriminatory term or
condition of employment and is illegal.
"Quid pro quo harassment" which means, this for that, occurs
when "submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual."
In other words, when the supervisor says that a promotion is
dependant on the woman providing sexual favors, the quid pro quo
form of sexual harassment is present. The Supreme Court's decision in
Meritor Savings established that both types of sexual harassment are
unlawful federal law as forms of sex discrimination.
For more information on two
very different ways of looking
at sexual harassment, click here
to go to page 3. This involves
the subject of gender animus.
very different ways of looking
at sexual harassment, click here
to go to page 3. This involves
the subject of gender animus.
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