Meritor Savings Bank v. Vinson
How Sexual Harassment Is Determined
The Equal Employment Opportunity Commission (EEOC) was established under Title VII of the Civil Rights Act of 1964. The EEOC defined two types of harassment, and other factors governing sexual harassment suits.
The first type of sexual harassment, quid pro quo harassment occurs when economic benefit or other gain is explicitly or implicitly promised in return for sexual favors. In an employment setting, this may involve the promise of pay increases, promotions, or other perks. In an academic setting, it might mean giving a student a higher grade than he or she deserved, or a place on a school team.
The other type of harassment is created when a "hostile environment" results because of one person's behavior toward another. This may occur when one party's sexual advances are rejected by the other, and the use of sexual innuendo may be used to punish the rejecting party. It can involve the use of insulting language, jokes in bad taste, or hanging lewd and potentially offensive pictures within one's work space.
Financial or psychological damage does not have to occur to justify a claim. The determination of whether the advances are "unwelcome" or not is also a factor.
Additional topics
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Meritor Savings Bank v. Vinson - Case Background, The Application Of Title Vii, Related Cases, How Sexual Harassment Is Determined