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This text provides comprehensive coverage of harassment law based on sex, race and color, religion, disability, national origin, age and reprisal. The history of harassment law is rooted in sexual harassment law and cases. Each chapter begins with that history and then explains what the law is today and how/if it differs for the various bases.
Case law examples and analyses are provided throughout from the EEOC, the Office of Federal Operations, and the courts; EEO enforcement guidance; EEO policy guidance; statutes and regulations. Agency representatives, EEO managers, HR professionals and supervisors will gain a better understanding of agency obligations under the law and how to structure and maintain an effective anti-harassment program. Complainants and their representatives will use the guide to ensure compliance with the rights afforded under these laws and as a tool in litigating a harassment case.
New in this edition: Supreme Court and Commission cases on sexual orientation and transgender status, the intersection of harassment and social media, 2021 Guidance on Religious Discrimination, prompt agency actions, marital status, tangible employment actions, timeliness, nature of conduct, basis of conduct, severe and pervasive conduct, liability for harassment, and avoiding liability.
Major topics include:
- Tangible Employment Actions — characteristics, actions by supervisor, sexual advances, causation, third-party claims
- Hostile Work Environment — elements of a claim, defenses
- Timeliness — continuing violations, unlawful employment practices, Morgan and law since Morgan, independent or discrete acts, equitable doctrines, retaliation claims
- Unwelcome Conduct — reporting, participation in or submission to conduct, harassment based on religion
- Basis of Conduct — sexual, gender-based, marital status, caregiver, gender identification, transgender, sexual orientation, paramour favoritism, race/color, national origin, religion, disability, age, reprisal, associational discrimination
- Severe or Pervasive Conduct — relief; sliding scale; retaliation/reprisal; religion based; one-time/isolated incidents; repeated incidents; duration; passage of time; physical contact; verbal conduct; changes in duties, assignments, work environment; discrete acts; offensive pictures or symbols; linguistic characteristics and language proficiency; off-premises conduct; social media
- Objective and Subjective Elements — reasonable woman, subjective standard
- Liability for Harassment — the liability problem and solving it; harassment by supervisors, coworkers and third parties; prompt and effective corrective action; remedial measures; remedies and damages
- Avoiding Liability — anti-harassment policies, procedures, and programs; responding to complaints; training
Also included are a detailed table of contents, table of cases.
Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.