San Diego State University Sexual Harassment in Company Discussion In the book Supreme Court Decisions and Women’s Rights (2001), Clare Cushman writes, Si

San Diego State University Sexual Harassment in Company Discussion In the book Supreme Court Decisions and Women’s Rights (2001), Clare Cushman writes,

Since its first ruling on the subject in 1986, the Supreme Court has struggled to define different categories of sexual harassment and to determine precisely under which circumstances to hold an employer liable for an employee’s sexual misconduct (p. 152).

In a short essay, discuss what Cushman means and how sexual harassment law was developed through U.S. Supreme Court decisions. Be sure to define what sexual harassment is in your answer. You should cite at least one U.S. Supreme Court case discussed in class and at least one of the assigned readings for this topic in your answer.

Your answers should be concise, coherent essays that advance an argument, not just simply listings of bullet points.

This paper should be 1 ½ to 3 double-spaced pages, must be typed in legible (12 or 11 pt.) font, and have margins of one (1) inch.

Be sure to give references (including page numbers or dates of lectures) whenever quoting directly or using another’s idea, argument, etc. MLA, APA and Chicago are all acceptable citation styles. As usual, grammar, spelling, punctuation, and other mechanics of writing will be considered when grading this paper.

YOU NEED TO CITE CITE CITE

How sexual harassment policy has deveveloped

ALSO You need to cite one CASE mentioned in the class along with a reading from the syllabus

MAKE SURE TO CITE Women in the Workplace:
Sexual Harassment
WS 370 Women, Law and
Policy
Key Questions and Terms
?
What is sexual harassment?
?
What criteria have the federal courts used to
decide sexual harassment cases?
?
Is same-sex harassment sex discrimination?
?
Are companies and public schools legally and
financially liable for sexual harassment?
Sexual Harassment
?
Legal Scholar Catharine McKinnon
?
?
?
Sexual Harassment of Working Women
(1979)
sexual harassment = sex discrimination
Grassroots Movement of the 1970s
?
?
Working Women United (Ithaca, NY)
Alliance Against Sexual Coercion
(Cambridge, MA)
Sexual Harassment
?
In the early days, the courts usually dismissed
sexual harassment cases for the following
reasons:
?
Refused to acknowledge that sexual harassment as a form
of sex discrimination because either sex could be
harassed.
?
Unwilling to recognize harassment had consequences for
an employee’s work conditions. Saw it as personal
conduct, not employment related.
?
Unwilling to hold companies legally responsible for
harassment committed by an employee’s supervisor or
coworker. (liability)
Sexual Harassment: Charges
Files through the EEOC
2010
2011
2012
2013
2014
2015
2016
2017
2018
2018
6,862
6,822
6,758
6,696
7,609
7,514
Charges
Filed
7,944
7,809
7,571
% of
Charges
Filed By
Males
16.2%
16.1%
17.8% 17.6%
17.5%
17.1%
16.6%
16.5%
15.9%
16.8%
Resolutions
8,959
9,195
8,924
7,758
7,758
7,037
7,289
7,511
7,986
7,875
Monetary
Benefits
(Millions)*
$41.2
$45.1
$43.0
$44.6
$35.0
$46.0
$40.7
$46.3
$56.6
$68.2
7,256
*This does not include monetary benefits obtained through litigation (court cases).
Source: Equal Employment Opportunity Commission, 2019
Sexual Harassment Statistics
•
An estimated 40-70% of women and 1020% of men have experienced sexual
harassment in the workplace.
•
Most of cases go unreported.
Sources: Juliano and Schwab 2001
Sexual Harassment Statistics
(n = 2,235 full-time and part-time female employees)
Source: Huffington Post, 2015.
Sexual Harassment Statistics
Source: Huffington Post, 2015.
Sexual Harassment Videos
?
NOW on PBS | Teen Sexual Harassment at Work | PBS
? http://www.youtube.com/watch?v=ovIsy-NVHh4
?
Knowing your rights: Sexual harassment in the
workplace (CBS News)
? https://www.youtube.com/watch?v=N_7VTt87mTk
?
Why women may fear speaking out about workplace
sexual harassment (ABC News – GMA )
? https://www.youtube.com/watch?v=EGUMpXtHkjU
Sexual Harassment
?
Where can sexual harassment occur?
?
?
Workplace
Schools
?
?
?
Sexual harassment is tired in civil court system, not the
criminal court system:
?
?
Harassment by teachers and administrators
Harassment by peers
Title VII of the Civil Rights Act of 1964
Types of sexual harassment:
?
?
Quid pro quo (“this for that”)
Hostile working environment
Other Forms of Harassment
?
?
?
?
?
Age
Race
Disability
Religion
National Origin
Key U.S. Supreme Court Cases
?
Meritor Savings Bank, FSB v. Vinson (1986)
?
?
Established “hostile working environment”
Harris v. Forklift Systems, Inc. (1993)
?
Outlined four (4) circumstances that constitute a “hostile work
environment”
?
?
?
?
?
Frequency of conduct
Severity
Physically threatening or humiliating or a mere offensive utterance
Unreasonably interferes with an employees work performance
Oncale v. Sundowner Offshore Services, Inc. (1998)
?
Ruled that same-sex harassment is sex discrimination
What else does the U.S. Supreme Court
have to say about sexual harassment?
?
Public schools can be sued and forced to pay
damages, if they fail to stop sexual harassment for
which they have received notice.
?
Employers are liable for sexual harassment even if
the threats are not carried out and the victim does not
report the misconduct.
?
U.S. Supreme Court has ruled that employees are
protected from retaliation (i.e. lose their job) if they
report sexual harassment in their workplace.
Sexual harassment includes, but is not
limited to the following:
?
The victim as well as the harasser may be a woman or a man. The victim
does not have to be of the opposite sex.
?
The harasser can be the victim’s supervisor, an agent of the employer, a
supervisor in another area, a co-worker, or a non-employee.
?
The victim does not have to be the person harassed but could be anyone
affected by the offensive conduct.
?
Unlawful sexual harassment may occur without economic injury to or
discharge of the victim.
?
The harasser’s conduct must be unwelcome.
From the EEOC’s website: ”Facts about Sexual Harassment”
(http://www.eeoc.gov/facts/fs-sex.html)
SDSU’s Sexual Harassment Policy
Office of Employee Relations and
Compliance
“San Diego State University shall be committed to
preventing sexual harassment and to promptly
addressing violations of this policy. The University shall
create and maintain a positive learning and working
environment for its students and employees and shall
not tolerate sexual harassment. Nothing herein shall
contravene rights guaranteed in the Constitution of the
State of California or the Constitution of the United
States.”
http://bfa.sdsu.edu/oerc/staff/sexharas.aspx
Women in the Workplace:
Sexual Harassment
WS 370 Women, Law and
Policy
Key Questions and Terms
?
What is sexual harassment?
?
What criteria have the federal courts used to
decide sexual harassment cases?
?
Is same-sex harassment sex discrimination?
?
Are companies and public schools legally and
financially liable for sexual harassment?
Sexual Harassment
?
Legal Scholar Catharine McKinnon
?
?
?
Sexual Harassment of Working Women
(1979)
sexual harassment = sex discrimination
Grassroots Movement of the 1970s
?
?
Working Women United (Ithaca, NY)
Alliance Against Sexual Coercion
(Cambridge, MA)
Sexual Harassment
?
In the early days, the courts usually dismissed
sexual harassment cases for the following
reasons:
?
Refused to acknowledge that sexual harassment as a form
of sex discrimination because either sex could be
harassed.
?
Unwilling to recognize harassment had consequences for
an employee’s work conditions. Saw it as personal
conduct, not employment related.
?
Unwilling to hold companies legally responsible for
harassment committed by an employee’s supervisor or
coworker. (liability)
Sexual Harassment: Charges
Files through the EEOC
2010
2011
2012
2013
2014
2015
2016
2017
2018
2018
6,862
6,822
6,758
6,696
7,609
7,514
Charges
Filed
7,944
7,809
7,571
% of
Charges
Filed By
Males
16.2%
16.1%
17.8% 17.6%
17.5%
17.1%
16.6%
16.5%
15.9%
16.8%
Resolutions
8,959
9,195
8,924
7,758
7,758
7,037
7,289
7,511
7,986
7,875
Monetary
Benefits
(Millions)*
$41.2
$45.1
$43.0
$44.6
$35.0
$46.0
$40.7
$46.3
$56.6
$68.2
7,256
*This does not include monetary benefits obtained through litigation (court cases).
Source: Equal Employment Opportunity Commission, 2019
Sexual Harassment Statistics
•
An estimated 40-70% of women and 1020% of men have experienced sexual
harassment in the workplace.
•
Most of cases go unreported.
Sources: Juliano and Schwab 2001
Sexual Harassment Statistics
(n = 2,235 full-time and part-time female employees)
Source: Huffington Post, 2015.
Sexual Harassment Statistics
Source: Huffington Post, 2015.
Sexual Harassment Videos
?
NOW on PBS | Teen Sexual Harassment at Work | PBS
? http://www.youtube.com/watch?v=ovIsy-NVHh4
?
Knowing your rights: Sexual harassment in the
workplace (CBS News)
? https://www.youtube.com/watch?v=N_7VTt87mTk
?
Why women may fear speaking out about workplace
sexual harassment (ABC News – GMA )
? https://www.youtube.com/watch?v=EGUMpXtHkjU
Sexual Harassment
?
Where can sexual harassment occur?
?
?
Workplace
Schools
?
?
?
Sexual harassment is tired in civil court system, not the
criminal court system:
?
?
Harassment by teachers and administrators
Harassment by peers
Title VII of the Civil Rights Act of 1964
Types of sexual harassment:
?
?
Quid pro quo (“this for that”)
Hostile working environment
Other Forms of Harassment
?
?
?
?
?
Age
Race
Disability
Religion
National Origin
Key U.S. Supreme Court Cases
?
Meritor Savings Bank, FSB v. Vinson (1986)
?
?
Established “hostile working environment”
Harris v. Forklift Systems, Inc. (1993)
?
Outlined four (4) circumstances that constitute a “hostile work
environment”
?
?
?
?
?
Frequency of conduct
Severity
Physically threatening or humiliating or a mere offensive utterance
Unreasonably interferes with an employees work performance
Oncale v. Sundowner Offshore Services, Inc. (1998)
?
Ruled that same-sex harassment is sex discrimination
What else does the U.S. Supreme Court
have to say about sexual harassment?
?
Public schools can be sued and forced to pay
damages, if they fail to stop sexual harassment for
which they have received notice.
?
Employers are liable for sexual harassment even if
the threats are not carried out and the victim does not
report the misconduct.
?
U.S. Supreme Court has ruled that employees are
protected from retaliation (i.e. lose their job) if they
report sexual harassment in their workplace.
Sexual harassment includes, but is not
limited to the following:
?
The victim as well as the harasser may be a woman or a man. The victim
does not have to be of the opposite sex.
?
The harasser can be the victim’s supervisor, an agent of the employer, a
supervisor in another area, a co-worker, or a non-employee.
?
The victim does not have to be the person harassed but could be anyone
affected by the offensive conduct.
?
Unlawful sexual harassment may occur without economic injury to or
discharge of the victim.
?
The harasser’s conduct must be unwelcome.
From the EEOC’s website: ”Facts about Sexual Harassment”
(http://www.eeoc.gov/facts/fs-sex.html)
SDSU’s Sexual Harassment Policy
Office of Employee Relations and
Compliance
“San Diego State University shall be committed to
preventing sexual harassment and to promptly
addressing violations of this policy. The University shall
create and maintain a positive learning and working
environment for its students and employees and shall
not tolerate sexual harassment. Nothing herein shall
contravene rights guaranteed in the Constitution of the
State of California or the Constitution of the United
States.”
http://bfa.sdsu.edu/oerc/staff/sexharas.aspx
Women in the Workplace:
Sexual Harassment
WS 370 Women, Law and
Policy
Key Questions and Terms
?
What is sexual harassment?
?
What criteria have the federal courts used to
decide sexual harassment cases?
?
Is same-sex harassment sex discrimination?
?
Are companies and public schools legally and
financially liable for sexual harassment?
Sexual Harassment
?
Legal Scholar Catharine McKinnon
?
?
?
Sexual Harassment of Working Women
(1979)
sexual harassment = sex discrimination
Grassroots Movement of the 1970s
?
?
Working Women United (Ithaca, NY)
Alliance Against Sexual Coercion
(Cambridge, MA)
Sexual Harassment
?
In the early days, the courts usually dismissed
sexual harassment cases for the following
reasons:
?
Refused to acknowledge that sexual harassment as a form
of sex discrimination because either sex could be
harassed.
?
Unwilling to recognize harassment had consequences for
an employee’s work conditions. Saw it as personal
conduct, not employment related.
?
Unwilling to hold companies legally responsible for
harassment committed by an employee’s supervisor or
coworker. (liability)
Sexual Harassment: Charges
Files through the EEOC
2010
2011
2012
2013
2014
2015
2016
2017
2018
2018
6,862
6,822
6,758
6,696
7,609
7,514
Charges
Filed
7,944
7,809
7,571
% of
Charges
Filed By
Males
16.2%
16.1%
17.8% 17.6%
17.5%
17.1%
16.6%
16.5%
15.9%
16.8%
Resolutions
8,959
9,195
8,924
7,758
7,758
7,037
7,289
7,511
7,986
7,875
Monetary
Benefits
(Millions)*
$41.2
$45.1
$43.0
$44.6
$35.0
$46.0
$40.7
$46.3
$56.6
$68.2
7,256
*This does not include monetary benefits obtained through litigation (court cases).
Source: Equal Employment Opportunity Commission, 2019
Sexual Harassment Statistics
•
An estimated 40-70% of women and 1020% of men have experienced sexual
harassment in the workplace.
•
Most of cases go unreported.
Sources: Juliano and Schwab 2001
Sexual Harassment Statistics
(n = 2,235 full-time and part-time female employees)
Source: Huffington Post, 2015.
Sexual Harassment Statistics
Source: Huffington Post, 2015.
Sexual Harassment Videos
?
NOW on PBS | Teen Sexual Harassment at Work | PBS
? http://www.youtube.com/watch?v=ovIsy-NVHh4
?
Knowing your rights: Sexual harassment in the
workplace (CBS News)
? https://www.youtube.com/watch?v=N_7VTt87mTk
?
Why women may fear speaking out about workplace
sexual harassment (ABC News – GMA )
? https://www.youtube.com/watch?v=EGUMpXtHkjU
Sexual Harassment
?
Where can sexual harassment occur?
?
?
Workplace
Schools
?
?
?
Sexual harassment is tired in civil court system, not the
criminal court system:
?
?
Harassment by teachers and administrators
Harassment by peers
Title VII of the Civil Rights Act of 1964
Types of sexual harassment:
?
?
Quid pro quo (“this for that”)
Hostile working environment
Other Forms of Harassment
?
?
?
?
?
Age
Race
Disability
Religion
National Origin
Key U.S. Supreme Court Cases
?
Meritor Savings Bank, FSB v. Vinson (1986)
?
?
Established “hostile working environment”
Harris v. Forklift Systems, Inc. (1993)
?
Outlined four (4) circumstances that constitute a “hostile work
environment”
?
?
?
?
?
Frequency of conduct
Severity
Physically threatening or humiliating or a mere offensive utterance
Unreasonably interferes with an employees work performance
Oncale v. Sundowner Offshore Services, Inc. (1998)
?
Ruled that same-sex harassment is sex discrimination
What else does the U.S. Supreme Court
have to say about sexual harassment?
?
Public schools can be sued and forced to pay
damages, if they fail to stop sexual harassment for
which they have received notice.
?
Employers are liable for sexual harassment even if
the threats are not carried out and the victim does not
report the misconduct.
?
U.S. Supreme Court has ruled that employees are
protected from retaliation (i.e. lose their job) if they
report sexual harassment in their workplace.
Sexual harassment includes, but is not
limited to the following:
?
The victim as well as the harasser may be a woman or a man. The victim
does not have to be of the opposite sex.
?
The harasser can be the victim’s supervisor, an agent of the employer, a
supervisor in another area, a co-worker, or a non-employee.
?
The victim does not have to be the person harassed but could be anyone
affected by the offensive conduct.
?
Unlawful sexual harassment may occur without economic injury to or
discharge of the victim.
?
The harasser’s conduct must be unwelcome.
From the EEOC’s website: ”Facts about Sexual Harassment”
(http://www.eeoc.gov/facts/fs-sex.html)
SDSU’s Sexual Harassment Policy
Office of Employee Relations and
Compliance
“San Diego State University shall be committed to
preventing sexual harassment and to promptly
addressing violations of this policy. The University shall
create and maintain a positive learning and working
environment for its students and employees and shall
not tolerate sexual harassment. Nothing herein shall
contravene rights guaranteed in the Constitution of the
State of California or the Constitution of the United
States.”
http://bfa.sdsu.edu/oerc/staff/sexharas.aspx
Women and Immigration
WMNST 370 Women, Law and Policy
Key Questions
?
What does the immigrant population in the
United States look like?
?
How is U.S. immigration policy gendered?
What Does the Immigrant
Population Look Like?
In 2016, there were
43.7 million foreign
born people in the
United States (Pew
Research Center).
Where are they from?
Where are they from?
Top 10 Countries of Birth
This shift is due
in part by the
passage of the
Immigration
and
Nationality
Act of 1965,
which
abolished the
national origins
quota system.
Where do they settle?
In 2003, a change occurred in the federal
agency that regulates immigration in the
U.S.
Department of Justice
?
Department of Homeland
Security
http://www.uscis.gov/
Lawful Permanent Residents
A lawful permanent
resident (LPR), or
“green card”
recipient, is defined
by immigration law
as:
a person who has
been granted lawful
permanent
residence in the
United States.
.
A total of 1,127,167 people were granted
LPR status in 2017.
(U.S. Department of Homeland Security)
Lawful Permanent Residents
Demographics:
? Median age: 32 years
?
?
Gender Breakdown
?
?
?
The median age of the U.S.-born population is 38 years.
Male
Female
46%
54%
58% of new LPRs were married in 2017.
Annual Flow Report, 2017 (Homeland Security)
Lawful Permanent Residents
?
New LPRs were granted entrance through
the following preferences:
?
?
?
?
66.4% Family-based
12.2% Employment-based
13% Refugees and Asylees
8.4% Other Categories
Annual Flow Report, 2017 (Homeland Security)
Lawful Permanent Residents
Admissions Priorities: annual limit of 416,000
people
?
Family Preference (limit: 226,000 people)
?
?
Employment-based Preferences (limit: 140,000 people)
?
?
unmarried sons and daughters of U.S. citizens and their children; spouses,
children, and unmarried sons and daughters of lawful permanent residents
and their children; married sons and daughters of U.S. citizens and their
spouses and children; and brothers and sisters of U.S. citizens aged 21 and
over, and their spouses and children.
priority workers; professionals with advanced degrees or aliens of
exceptional ability; skilled workers, professionals (without advanced
degrees), and needed unskilled workers; special immigrants (e.g., ministers,
religious workers, and employees of the U.S. government abroad); and
employment creation immigrants or “investors.”
Diversity (limit: 50,000 people)
?
?
countries with relatively low levels of immigration to the U.S.
The maximum limit per country is 3,500.
Annual Flow Report, 2017 (Homeland Security)
Lawful Permanent Residents
?
Other special categories
?
Refugees (limit 50,000 people/year) and Asylees (no limit)
?
?
?
?
a person who is unable or unwilling to return to his or her country
of nationality because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion.
A refugee is usually outside the U.S. at time of application,
whereas an asylee is already in the U.S. or is arriving at a port of
entry.
Can be granted LPR status after one year of entry.
Foreign nationals admitted under special legislation.
Annual Flow Report, 2017 (Homeland Security)
Naturalized Citizens
?
707,265 people were naturalized in the U.S. in 2017
(down 6.1% from 2016).
?
?
?
Women accounted for 56% of these naturalizations.
65% of the newly naturalized were married.
Median age: 42 years old
?
Countries of birth of new citizens: Mexico, India,
China, Philippines, and Dominican Republic.
?
Most of naturalized citizens are concentrated in
California, New York, and Florida.
Annual Flow Report, 2017 (Homeland Security)
Naturalization Process
?
18 years old and older.
?
5 years of lawful permanent residency in the United States.
?
Successful completion of English langu…
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