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MGT460 Employment Law Chapter 9

Terms in this set (9)

Harassment = disparate treatment?
YUP
Quid pro quo for sexual harassment
Workplace benefit was promised/given to/withheld from victim in exchange for sexual activity (promotion, raise, termination)
*generally by upper level management since they have the right to make business decisions
When is an employer held liable for harassment?
Always responsible for quid pro quo
Sometimes responsible for hostile work environment and coworker/third party harassment

- held liable IF... knew/should have known about harassment, failed to have preventative measures, condoned the activity, or failed to correct the problem
Constructive discharge
Employer can still be held liable if you quit the job after your employer made you miserable
Hostile environment
Severe or pervasive treatment and based on protected class characteristics (race/sex) and interferes with victim's ability to do their job!!!
When is an employer liable in a hostile environment case?
Harasser is coworker: if employer knew/should have known and did not take action
Harasser is employer: always liable
Tort
Civil wrongs that harm another person
Types of criminal torts
Assault/battery
Rape
Emotional distress
Slander/libel
Affirmative defense
If employer exercised reasonable care by having a sexual harassment policy and training provided, and they made appropriate efforts to stop the harassment.... but the victim failed to take advantage of these options
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