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 mean a prohibition against sexual harassment, then, correspondingly, the prohibitions against race discrimination mean a prohibition against racial harassment (or, age discrimination and age harassment, etc.). Employers should have policies prohibiting any form of unlawful harassment. The "Me Too" movement of 2017 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 on employee reports, but employers should ensure that their policies and practices are sufficient to accept appropriate information and to address the reports they receive. Employers should also examine their investigation procedures and the adequacy of their training programs.
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 U.S. Supreme Court drew a distinction...
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