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February 27, 2008

Employment Practices

If one of your male employees complains about being sexually harassed by several male co-workers, should you take this seriously?

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You need to be concerned. Title VII of the Civil Rights Acts prohibits hostile work environment, sexual harassment, which occurs when unwelcome comments or conduct based on sex unreasonably interfere with an employees work performance or create intimidating, hostile or offensive work environment. Despite the common belief that sexual harassment can take place between only a man and a woman, the US Supreme Court has stated clearly that Title VII's prohibition against discrimination on the basis of sex, protects men as well as women because, "it would be unwise to presume that human beings of one definable group will not discriminate against other members of that group." Consequently, same sex sexual harassment, as found in this situation, is actionable under Title VII, and the supervisor should proceed no differently than if a female employee has made the complaint.

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