Full Description

This comprehensive, practical guide includes an overview and explanation of the laws governing this topic, the process for filing and pursuing complaints and the potential resolution of the lawsuit—pros and cons. The applicable state and federal laws are explained in easy-to-understand language, including the most recent Supreme Court rulings concerning supervisor and employer liability.

Appendices offering extensive resources including publications, websites, telephone counseling, support groups and listings of federal and state agencies make this title necessary for every employee's reference shelf.

Table of Contents

Preface: You Are Not Alone -

Introduction -

Section One: Overview of Sexual Harassment
Chapter 1: What Sexual Harassment is-
"Continuum" of harm

Chapter 2: Types of Sexual Harassment -
Quid Pro Quo
Hostile environment
One incident constituting sexual harassment
Sexual joking
Those things considered not to be sexually harassing conduct

Chapter 3: Why Sexual Harassment Occurs -
The reasons why students sexually harass
Sexual stereotyping
Sexual harassment is common in the military
Sexist workplace
Sexualized environment
Sexual harassment and prejudice

Chapter 4:The Impact of Sexual Harassment -
The specific impact on students
The specific impact on the worker

Chapter 5: What You Can Do About
Sexual Harassment -
How workers respond when faced with sexual harassment
Strategies to stop sexual harassment
Whatever else you do—document the harassment

Section Two: Sexual Harassment in the Workplace
Chapter 6: Sexual Harassment in Employment
The Law -
Title VII of the Civil Rights Act
Sexual harassment as a form of sex discrimination
Quid pro Quo
Hostile environment
Employer defenses
Pretext
Retaliation
Remedies
Damages and the Civil Rights Act of 1991
State fair employment practice laws
Tort action
Criminal offenses

Chapter 7: When an Employer Will Be Held
Responsible For Sexual Harassment -
Who an employer is
Who a supervisor is
A tangible employment decision
Threats, but no actual employment action taken yet
How an employer prevents sexual harassment
The responsibility an employee has to reduce harm
Individual harassers held responsible for their harassment

Chapter 8: What Your Employer Should Be Doing
To Prevent Sexual Harassment -
A sexual harassment policy
Love contracts
Complaint procedures
Education and training
Surveys

Chapter 9: How You Use the Company Process -
Preliminary considerations
Keep records
The report of sexual harassment
Investigation of the report
Investigator
Interview of victim
Interviewing the person accused of harassment
Seeking support
The investigator’s report of conclusions
Employer’s response
Monitoring
Employer records
If you decide to drop the complaint
Disagreeing with the sanctions imposed
If you are not satisfied with the resolution

Chapter 10: Filing a Complaint with the EEOC
or Your State FEPA -
The Equal Employment Opportunity Commission
State and local Fair Employment Agencies
Section Three: Sexual Harassment In Schools

Chapter 11: What Students Can Do -
What the law says

Chapter 12: The School’s Responsibilities -
Measures to prevent sexual harassment
Responding to harassment
Making a report
Procedures for investigating reports
Interim measures
Informal complaints
Confidentiality
Permanent resolution

Chapter 13: Filing a Complaint with OCR -
Who files
Procedures
Investigation
Settlement
OCR findings after investigation
Retaliation
Appeal to OCR

Section Four: Legal Remedies for Sexual Harassment
Chapter 14: Filing a Lawsuit -
Title VII Case
Title IX Case
The reasonable person standard
Past sexual history of the plaintiff
Psychiatric exam
Repeat offenders
The harasser can sue

Section Five: The Law and Lawyers
Chapter 15: Legal Research -
Statutes or codes
Case reporters
Internet research
Legal encyclopedias
Digests
Form and practice guides

Chapter 16: The Role of Lawyers -
Lawyers and confidentiality
Finding a lawyer
Initial contact
First interview
Fee arrangements
Working with the lawyer

Glossary -

Appendix A: EEOC Offices -

Appendix B: U.S. Department of Education,
Office for Civil Rights—National and Regional Civil Rights Offices -

Appendix C: Title VII of the Civil Rights Act -

Appendix D:Title IX of the Educational Code -

Appendix E:State-by-State Fair Employment Practices Laws
and Anti-Discrimination Enforcement Agencies -

Index -
About the Author

Excerpt

Editorial Reviews

Customer Reviews

Customer Reviews: