The sex discrimination prohibitions of Title VII have been interpreted to protect employees against “sexual harassment,” recognized as a form of unlawful discrimination. Of course, if the prohibitions against sex discrimination can now mean a prohibition against sexual harassment, then, correspondingly, the prohibitions against race discrimination can now mean a prohibition against racial harassment (or, age discrimination and age harassment, etc.). Thus, employers should now have policies prohibiting any form of unlawful harassment.
In two well-publicized sexual harassment cases, the U.S. Supreme Court explained employer and employee responsibilities in this area of the law. In defining those responsibilities, the Supreme Court drew a distinction between harassment engaged in by a supervisor and that engaged in by a co-worker. Thus, who is alleged to be doing the harassing has an effect on the respective responsibilities.
The "Me Too" movement of 2017 and 2018 has placed a renewed focus on sexual harassment and its pervasiveness in workplaces. The movement has made the reporting of actions more accepted and has expanded dialogue regarding interactions in the workplace. It remains to be seen how much of an effect the dialogue will have...
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