Congressional Digest

Supreme Court Debates April 1998 No. 1 Vol. 1
Gender-Based Discrimination

Same-Sex Harassment

Civil Rights Law and Workplace Discrimination

Gender-Based Discrimination

Federal Equal Employment Opportunity Law

Title VII of the 1964 Civil Rights Act does not mention sexual harassment but makes it unlawful for employers with 15 or more employees to discriminate against any applicant or employee "because of…sex." Federal law on the subject is, therefore, largely a judicial creation, having evolved over nearly a three-decade period from Federal court decisions and guidelines of the Equal Employment Opportunity Commission (EEOC) interpreting Title VII case law and EEOC administrative guidelines. The first, or quid pro quo harassment, occurs when submission to "unwelcome" sexual advances, propositions, or other conduct of a sexual nature is made an express or…

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