Age Discrimination as defined by the Age Discrimination in Employment Act relates to individuals 40 years of age or older who have been discriminated against based on their age.
Discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
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Sexual harassment has several forms. One definition of sexual harassment in the workplace, known as quid pro quo sexual harassment, occurs when sexual conduct is a condition of tangible employment benefits.
This includes salary, promotions, and even continued employment. Sexual harassment under this theory constitutes the denial of an employment opportunity because of the individual’s refusal to have sexual or social relations with a supervisor.
Sexual harassment or gender discrimination can be demonstrated in two different circumstances.
Both of these are forms of sexual harassment. In each of these situations gender does not matter. Men and woman can both be the victims of sexual harassment in the workplace.
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A sexual harassment complaint can only be actionable if it is sufficiently severe and pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
The sexual harassment must have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. If these elements are present there may be a claim of sexual harassment available against the offending party and can lead to a sexual harassment complaint investigation workplace.
Sexual Harassment in the Work Place Points:
Unlike other discriminatory behavior, it often may be nearly indistinguishable from normal social relations between men and women.
Sexual harassment and other gender discrimination can violate individual's rights even if the victim suffers no adverse employment decision or economic impact as a result.
Sexual harassment and other gender discrimination frequently are practiced in violation of, rather than in compliance with, company policy.
Sexual Harassment Laws:
Sexual harassment is unlawful under both state and federal laws. Simply stated, sexual harassment is an abuse of the employer's power. There are two types of sexual harassment:
A hostile work environment can also exist on the basis racial discrimination, sexual orientation discrimination, religious discrimination, disability discrimination, or age discrimination.
This illegal conduct can include uninvited touching or groping, lewd comments, dirty jokes and even physical assault.
(Legal information courtesy of Cutler & McLeod, LLP)
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