In the 1960’s, discrimination sparked a movement which promoted equality for all citizens. Public Law 82-352 (78 Stat. 241), which specifically focuses on Equal Employment Opportunities of the Civil Rights Act of 1964, was created to eliminate discrimination for certain protected classes: race, color, sex, religion and national origin. Two important federal legislations were established as a result of this act. Title VII establishes the Equal Employment Opportunity Commission (EEOC) and Title IX governs sexual harassment in educational settings. Discrimination that allows unwelcomed sexual advances to interfere with an individual’s employment or education is defined as sexual harassment. There are three elements and two types of sexual harassment. The elements define the victim, the harasser, and how or when the sexual action takes place. After all elements are considered, the act is categorized as a result of quid pro quo or a hostile work environment.
A legal analysis was conducted to define and provide examples of sexual harassment cases where employers, professors, or supervisors violated someone’s rights. Examples explain how words or actions must be judged on a matter of public opinion. If sexual harassment is alleged in the work or educational setting, supervisors must properly investigate the complaint and have a clear policy in place if violation is found. Information of good practices and policies should be readily available to all employees or students. It should be published in appropriate communications for easy access.
Dornan, Erin Lambert, "Sexual Harassment in Higher Education" (2012). Southern Miss Education Law Association (SMELA). 3.