Sexual harassment

“EMPLOYMENT TERMINATION. WHEN EMPLOYMENT IS TERMINATED DURING AN EMPLOYEE’S PREGNANCY, THE EMPLOYER BEARS THE BURDEN OF PROOF TO DEMONSTRATE THAT SUCH TERMINATION WAS NOT DISCRIMINATORY.”

The plaintiff was employed at a bakery. After working there for several years, the bakery was acquired by new owners, including the defendant. The plaintiff claimed that the defendant made unwanted comments and physical overtures in the workplace, eventually causing the plaintiff to leave the job. The plaintiff claimed that the harassment caused humiliation, injury to feelings, and loss of dignity. The Tribunal found that the plaintiff was the victim of unlawful sexual harassment under the Human Rights Act and awarded damages.

The Equal Opportunity Act aims to eliminate discrimination, sexual harassment, victimisation to the greatest extent possible, and to promote equality as far as reasonably practicable. It defines and prohibits discrimination in relation to various 'attributes', including sex, sexual orientation, lawful sexual activity, marital status, parental status and gender identity. The prohibitions apply in a range of situations, including employment-related discrimination.

This Act is a comprehensive act that replaced several pieces of legislation, including the Sex Discrimination Act of 1975. In general, The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society, and provides equality provisions, including the following:

Ms. Ericson and Ms. Kornechuk brought an action against Syracuse University and its employees under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681 (“Title IX”) and the Violence Against Women Act, 42 U.S.C. section 13981 (“VAWA”). Plaintiffs alleged that they were sexually harassed by their tennis coach, and that the University was aware of the tennis coach’s behavior and conducted a sham investigatory proceeding to conceal the extent of the tennis coach’s misconduct, which had occurred for more than twenty years. Defendants moved to dismiss the claims.

In Ex parte Alabama Department of Youth Services, 880 So. 2d 393 (Ala. 2003), the Supreme Court of Alabama addressed claims brought by two female minors, Jane Doe 1 and Jane Doe 2, who alleged they were sexually harassed and abused while in the custody of the Department of Youth Services (DYS).

This case relates to sexual harassment in the workplace. The relevant facts are as follows. The victim was a receptionist at her company, and experienced sexual harassment by her superior, as evidenced by lascivious emails he sent her. She reported the harassment to supervisors, who suggested that they work together to find a solution, which resulted in the employer suggesting that she resign. The victim resigned and the harasser was sanctioned with three days docked pay.

F.A.P.A., the defendant, was a 54-year-old unmarried Salvadoran farmer residing in La Reina, El Salvador. At the time of the allegations giving rise to the case, he was receiving treatment for epilepsy.  An evening, F.A.P.A. visited his niece.  F.A.P.A. and his niece, a minor, were sitting on a couch watching television when his niece’s mother left the room to attend to her other children.  During that time, F.A.P.A. engaged in sexual behavior with his niece against her will by touching her genitals and kissing her in the mouth.  F.A.P.A.

Article 1 of this act states that it is intended to promote equality between men and women.  Article 3 prohibits discrimination against employees based on sex.  Article 4 prohibits sexual harassment in the workplace.  Article 5 provides for relief, including injunctive relief and lost salary.  Article 10 protects against retaliation against complainants. 

Plaintiff Ford’s supervisor, Karl Braun, began to sexually harass Ford at a dinner on April 3, 1980, where Braun told Ford that she would regret it if she didn’t sleep with him. At a company picnic a month later, Braun said to Ford: “I want to fuck you, Leta,” and restrained her in a chokehold, from which Ford eventually escaped. Despite Ford having reported the harassment to regional management later than month and to headquarters in November, 1980, no action was taken until Braun’s employment was terminated in October, 1981, almost a year and a half after plaintiff’s original complaints.