Interpretation of anti-discrimination laws continually evolve under new court decisions. A particular form of sexual harassment, “hostile work environment,” occurs when actions in the workplace make it difficult for someone of a particular gender to work. According to the textbook, these cases involve three critical issues: a) the plaintiff cannot have invited or incited such actions; b) the actions must be severe enough to alter the terms or conditions of employment; and c) courts must determine if the employer is liable for the actions. Listen to this NPR story: “Sexual Harrassment
- Besides the issues mentioned in the textbook, what other issues do courts appear to consider when ruling on sexual harassment cases?
- What effects do these additional issues have on litigating or defending sexual harassment cases?
- Do you believe that court rulings are consistent with contemporary views of sexual harassment? Justify your position.