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Птиц
А што касаемо фактов по секшуал харасмент + литигейшен - вот, хватит для начала? ;)
Development of the Law of Sexual Harassment
1964…
The Civil Rights Act of 1964 becomes law. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, and sex. There is no mention of sexual harassment in the law or its legislative history.
1974…
A female employee claims she was retaliated against for rejecting her boss’s sexual advances. There was no sex discrimination, a trial court decides. The male supervisor, the court says, merely solicited his subordinate because he found her “attractive” and then retaliated because he felt “rejected.” Barnes v. Train, 13 FEP Cases 123 (D.D.C.)
1976…
The humiliation and termination of a female employee by her male supervisor because she rejected his sexual advances, if proven, would be sex discrimination, a court rules, because it was an artificial barrier to employment placed before one gender and not the other. Williams v. Saxbe, 413 F. Supp. 654, 12 FEP Cases 1093 (D.D.C.)
1977…
Reversing the 1974 Barnes v. Train case, appealed under a different name, U.S. appeals court rules that a female employee was retaliated against for rejecting sexual advances of her boss; this is sex discrimination in violation of Title VII. Barnes c. Costle, 561 F.2d 983, 15 FEP Cases 345 (D.C. Cir.)
1980…
The Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, issues guidelines interpreting the law to forbid sexual harassment as a form of sex discrimination. 29 C.F.R. §1604.11
1981…
For the first time a U.S. court endorses the EEOC’s position that Title VII liability can exist for sexual insults and propositions that create a “sexually hostile environment,” even if the employee lost no tangible job benefits as a result. Bundy v. Jackson, 641 F.2d 934, 24 FEP Cases 1155 (D.C.Cir.)
1983…
An employer that forbade sexual harassment is held liable for the sexist name-calling of a female air traffic controller because it failed to take corrective action when the employee complained. Katz v. Dole, 709 F.2d 251, 31 FEP Cases 1521 (4th Cir.) Это подходит под подмигивание. Но опять же никто никого сразу в суд не тащил. Потащили, когда на предупреждение не среагировал.1985…
Physical violence can be sexual harassment, U.S. appeals court says, even if the conduct is not overly sexual: all that is necessary is that the unwelcome conduct be on the basis of the victim’s gender. McKinney v. Dole, 765 F.2d 1129, 38 FEP Cases 364 (D.C. Cir)
1986…
Addressing the sexual harassment issue for the first time, U.S. Supreme Court rules that a women who allegedly had sex with her boss a number of times, because she feared losing her job if she did not, could sue for sexual harassment. The question is not whether the employee’s conduct was voluntary but whether the boss’s conduct was unwelcome, the Court explains. An employer can be held liable for sexual harassment committed by supervisors if it knew or should have known about the conduct and did nothing to correct it, the Court adds. Meritor Savings Banks v. Vinson, 477 U.S. 57, 40FEP Cases 1822
1988…
When male construction workers hazed three female colleagues, even if the conduct was not specifically sexual in nature, it was gender-based harassment prohibited by the law, a U.S. appeals court finds. Hall v. Gus Construction Co., 842 F.2d 1010, 46 FEP Cases 57 (8th Cir.)
1990…
The EEOC issues a policy statement saying that sexual favoritism can be sexual harassment. Isolated incidents of consensual favoritism do not violate Title VII, but sexual favoritism does violate the law if advances are unwelcome or favoritism is so widespread that it has become an unspoken condition of employment, the EEOC says.
1991…
A sexually hostile environment violating Title VII is found where women were a small minority of the work force and crude language, sexual graffiti, and pornography pervaded the workplace. Title VII is “a sword to battle such conditions,” not a shield to protect preexisting abusive environments, the court declares. Robinson v. Jacksonville Shipyards, 760 F. Supp. 1486, 57 FEP Cases 971 (M.D. Fla.)
A court finds that because male and female sensibilities differ, the appropriate standard to use in sexual harassment cases is that of a “reasonable women” rather than a “reasonable person.” The conduct in question – a man’s unsolicited love letters and unwanted attention might seem inoffensive to the average man, but might be so offensive to the average woman that creates a hostile environment, the court rules. Ellison v. Brady, 924 F.2d 872, 54 FEP Cases 1346 (9th Cir.)
The Senate Judiciary Committee conducts hearings on the nomination of Judge Clarence Thomas to Associate Justice of the United States Supreme Court. One Issue is whether, while he was chairman of the EEOC Thomas sexually harassed a female assistant Anita Hill. The alleged conduct occurred in private, Hill did not officially report it, and she continued to see Thomas even after she changed jobs. Although some Senator’s believed Hill’s charges, the Senate gave Thomas a seat on the Court. The hearings brought the issue of workplace sexual harassment out in the open and sparked debate over just what harassment is and what should be done about it
The Civil Rights Act of 1991 becomes law, providing for jury trials and for increased damages in Title VII.
1992…
Sexual harassment returns to front-page status with reports of the Navy’s Tailhook scandal. The Navy investigated allegations that women attending a convention of naval personnel at a Las Vegas hotel were forced to run through a gauntlet of male personnel and subject themselves to unwelcome touching. The investigation led to the discipline of several high-ranking naval officers for permitting the situation to occur.
1993…
In its second decision on sexual harassment in employment, the Supreme Court rules that a discriminatorily abusive work environment is unlawful even if it does not affect an employee’s psychological well-being. It is enough if (1) the employee subjectively perceives a hostile work environment as a result of gender-based conduct and (2) the conduct was severe or pervasive enough to create an objectively hostile environment -- one that a reasonable person would find hostile. Harris v. Forklift Systems, 114 S. Ct. 367, 63 FEP Cases 225
A mining company in northern Minnesota is found liable in the first successful sexual harassment lawsuit by a class of 100 women victimized by sexual harassment. Jensen v. Eveleth Taconite Co., 61 FEP Cases 1252 (D. Minn.)
The fact that a woman posed nude for two motorcycle magazines does not affect her claim that she found workplace conduct to be offensive, she acquiesced to unwanted sexual advances at work. Burns v. McGregor Electronics Industries, 968 F.2d 959, 61 FEP Cases 592 (8th Cir.)
1994…
In its third case involving sexual harassment in employment, the Supreme Court holds that provisions of the Civil Rights Act of 1991 regarding jury trials and damages do not apply to cases that arose before the 1991 Act took affect. Landgraf v. USI Film Products, 64 FEP Cases 820
A state high court rules that an employee who quits then sues for “constructive discharge” (to hold the employer responsible for terminating employment even though the employee quit) must prove tat the employee informed the employer if intolerable conditions and gave it a chance to correct them before resignation. Turner v. Anheuser-Busch, Inc. 7 Cal. 4th 1238, 1248-50 (Cal.)
1995…
The Congressional Accountability Act makes Congress itself comply with workplace standards it has imposed on other employers and creates an office of compliance to enforce those standards, including prohibitions against sexual harassment, for the benefit if the thousands of employees of Congress and related legislative agencies. 2 U.S.C. §§ 1301-1438
A federal district court dismisses the reverse discrimination suit of a male supervisor who was fired for participating in an office party in which a female subordinate received as a birthday gift. The court holds it was not discriminatory for the male supervisor to be held to a higher standard as to conduct that led to only a “slap on the wrist” for the female subordinate. Castleberry v. Boeing Co., 880 F. Supp. 1435 (D. Kan.)
1996…
A federal court upholds the dismissal of a manager who was fired for disregarding his boss’s order not to discuss an ongoing sexual harassment investigation with other employees. The court rejects the manger, in discussing the investigation with another employee, had been engaged in activity protected by the law. Morris v. Boston Edison Co., 942 F. Supp. 65 (D. Mass.)
A federal court upholds the dismissal of a female employee who made unfounded harassment charges against a male manager after their romantic relationship had ended. The court rejects her argument that the company discriminated against her on the basis og gender by treating her more harshly than her ex-boyfriend. Cerwinski v. Insurance Services Office, 1996 WL 563988 (S.D.N.Y.)
A federal court throws out a sexual harassment claim based on a handful of sexually suggestive comments made over a three-month period. This behavior was not severe or pervasive enough to be unlawful harassment, even though the victimized employee subjectively perceived the behavior as harassing. McKenzie v. Illinois Department of Transportation, 92 F.3d 473, 167 Daily Lab. Rep. (BNA) E-1 (7th Cir.)
Re: Медведев объявил свободу главной ценностью
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