A United States Court of Appeals recently reviewed some of the basic principles applicable to hostile environment sexual harassment cases.

The Court noted that a hostile work environment is a single illegal practice under Title VII of the Civil Rights Act of 1964. A charge of discrimination based on such a practice covers all events during that hostile environment, if the charge is brought within 300 days (180 days in some states) of the last act that allegedly constitutes the discriminatory employment condition.

Hostile working conditions in a single place of employment is a single illegal practice. Title VII creates responsibilities for employers as entities. Employers may not convert a practice that an employee believes is a single practice into two or more distinct practices based on how he chooses to organize his workforce into divisions or departments.

The Court noted that most employers allow plant managers and human resources departments to monitor working conditions throughout the plant. When a single managerial staff or chain of command decides to allow men in the workplace to make life miserable for women, that is a single illegal practice, whether or not a particular woman transfers from an operating unit to another within the same plant.

The Court also held that even if an employer takes steps to try to eliminate hostile environmental working conditions, the employer’s actions have no impact on the duration of the illegal practice contested by the employee or on the evidence an employee may offer to the employer. allege hostile work. Violations of sexual harassment in the environment. Rather, the evidence of corrective actions taken by the employer addresses only the question of whether the employer is responsible for the conduct that allegedly constitutes the hostile work environment. Many unwelcome acts will not be imputed to the employer if the employer reasonably responds to the discriminatory conditions. An employer may be liable when his or her own negligence is the cause of the harassment. An employer is negligent with respect to sexual harassment if he knew or should have known about the conduct and did not stop it. Negligence sets a minimum standard for employer liability under Title VII.

If an employee unreasonably fails to take advantage of preventive or corrective opportunities for discrimination and, as a result, the employer does not know about the problem, then the employer cannot be held liable.

However, the Court noted that even if the employer raises these defenses, an alleged victim of hostile environment sexual harassment may still proceed with the claim and present evidence to support it, unless the employer’s evidence regarding her defenses is substantiated. so overwhelming that there is no doubt. that the employer should prevail.

This case reminds all employers that it is important to have a clear written policy on sexual harassment, to ensure that the policy is communicated to all employees, that management receives training on the topic of sexual harassment, that reports of harassment sex are taken seriously and promptly. investigated, and that any cases of sexual harassment are dealt with promptly and decisively by the employer.