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In United States labor law, a hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to illegal discrimination. However, a working environment that is unpleasant and frightening for the victim due to sexual advances that have been denied by the victim, is what constitutes hostile work environment sexual harassment. Common complaints in sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. Small matters, annoyances, and isolated incidents are usually not considered to be statutory violations of the discrimination laws. For a violation to impose liability, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.
Kleiner Perkins, formerly Kleiner Perkins Caufield & Byers (KPCB), is an American venture capital firm which specializes in investing in incubation, early stage and growth companies. Since its founding in 1972, the firm has backed entrepreneurs in over 900 ventures, including America Online, Amazon.com, Tandem Computers, Compaq, Electronic Arts, JD.com, Square, Genentech, Google, Netscape, Sun Microsystems, Nest, Palo Alto Networks, Synack, Snap, AppDynamics, and Twitter. By 2019 it had raised around $9 billion in 19 venture capital funds and four growth funds.
Lynne C. Hermle is an attorney specializing in employment law. She is a partner at Orrick, Herrington & Sutcliffe LLP's Menlo Park, California, office. She also serves on the firm's management committee, the "first partner from the firm's Silicon Valley office to serve, and the second woman ever chosen".
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), is a US labor law case, where the United States Supreme Court, in a 9–0 decision, recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace.
Freada Kapor Klein is an American venture capitalist, social policy researcher and philanthropist. As a partner at Kapor Capital and the Kapor Center for Social Impact, she is known for efforts to diversify the technology workforce through activism and investments. Her 2007 book Giving Notice: Why the Best and the Brightest Leave the Workplace and How You Can Help Them Stay examines the reasons people have for leaving corporate America as well as the human and financial cost.
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers or subordinates. When subordinates participate in bullying this phenomenon is known as upwards bullying. The least visible segment of workplace bullying involves upwards bullying where bullying tactics are manipulated and applied against "the boss," usually for strategically designed outcomes.
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult, It also constitutes a tactic of coercive control, deployed by an abusive spouse in a context of domestic violence. Harassment is a specific form of discrimination, and occurs when a person is the victim of unwanted intimidating, offensive, repeated or humiliating comments or behavior. To qualify as harassment, there must be a connection between the harassing behavior and a person's protected personal characteristics or prohibited grounds of discrimination, and the harassment must occur in a protected area. Although harassment typically involves behavior that persists over time, serious and malicious one-off incidents are also considered harassment in some cases.
Gary Namie is an American social psychologist and anti-workplace bullying activist. Dr. Namie is widely regarded as North America's foremost authority on the topic of workplace bullying.
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
Anti-bullying legislation is a legislation enacted to help reduce and eliminate bullying. This legislation may be national or sub-national and is commonly aimed at ending bullying in schools or workplaces.
Ellen Kangru Pao is an American investor and former interim CEO of social media company Reddit.
The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.
Hong v. Facebook Inc., Anil Wilson, et al. was a gender discrimination and race discrimination lawsuit filed in 2015 by Chia Hong against her former employer, Facebook, her supervisor, and 50 others. The lawsuit was filed in San Mateo County Superior Court by attorneys Lawless & Lawless.
Ellen Pao v. Kleiner Perkins Caufield & Byers LLC and DOES 1-20 is a lawsuit filed in 2012 in San Francisco County Superior Court under the law of California by executive Ellen Pao for gender discrimination against her employer, the venture capital firm Kleiner Perkins. Overlapping with a number of studies condemning the representation of women in venture capital, the case was followed closely by reporters, advocacy groups and Silicon Valley executives. Given the tendency for similar cases to reach settlements out of court, coverage of Pao v. Kleiner Perkins described it as a landmark trial once it began in February 2015. On March 27, 2015 the jury found in favor of Kleiner Perkins on all counts.
Women in venture capital or VC are investors who provide venture capital funding to startups. Women make up a small fraction of the venture capital private equity workforce. A widely used source for tracking the number of women in venture capital is the Midas List which has been published by Forbes since 2001. Research from Women in VC, a global community of women venture investors, shows that the percentage of female VC partners is just shy of 5 percent.
Civility may denote orderly behavior and politeness. Historically, civility also meant training in the humanities.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
Founded in 2001, Alliance Against Sexual Harassment (AASHA) is an alliance of non-government organizations (NGOs) including Action Aid Pakistan, Bedari, Working Women's Support Centre, Working Women Association, Federal Women's Welfare Agency, Conscience Promoters, Pakistan Institute of Labour Education & Research, and Working Women Organisation. AASHA is a non-governmental organization operating in Lahore and Karachi which raises awareness regarding sexual harassment and lobbies the policymakers to take action against it.
The Royal Canadian Mounted Police (RCMP) is Canada's national police force established in 1920 after the Cabinet moved to have the Royal North-West Mounted Police absorb the Dominion Police. The RCMP's primary mandate is to maintain "peace and order," and Officers provide police services to all Canadian provinces, excluding Québec and Ontario, as well as to the three Canadian territories, and more than 180 municipalities and Indigenous communities.
References
- ↑ "About Us". Employment Law Alliance. Retrieved 15 June 2011.
- ↑ "Member Directory". Employment Law Alliance. Retrieved 15 June 2011.
- ↑ "Stephen J. Hirschfeld - Our Attorneys - Hirschfeld Curiale Kraemer". Curiale Hirschfeld Kraemer LLP. Archived from the original on 25 July 2011. Retrieved 15 June 2011.
- ↑ "Hires and promotions, 30 May". San Francisco Chronicle . 30 May 2011. Retrieved 15 June 2011.
- ↑ "A Who's Who of the Kleiner Perkins-Ellen Pao Trial". 23 March 2015.
- ↑ Schoeff, Mark Jr. (8 September 2008). "The Workplace Agenda: Campaigns Overlook HR Issues". Workforce Management . Archived from the original on 21 July 2011. Retrieved 15 June 2011.
- ↑ "Confronting Workplace Bullying Training for Supervisors". Society for Human Resource Management. Retrieved 15 June 2011.
- ↑ Joyce, Amy (19 February 2006). "Blogged Out of a Job". The Washington Post . Retrieved 15 June 2011.
- ↑ Leblang, Kevin B. (15 February 2006). "Protecting Employers Against Bloggers". Forbes . Retrieved 15 June 2011.
- ↑ Murphy, Dale (8 November 2003). "Weighty problem at work". San Francisco Chronicle . Retrieved 16 June 2011.
- ↑ Marino, Vivian (10 February 2002). "PERSONAL BUSINESS: DIARY; Sexual Harassment: Are Curbs Working?". The New York Times . Retrieved 16 June 2011.
- ↑ "Employment Law Alliance to Serve as Global Partner to the World Bank". Jaffe Legal News Services. Archived from the original on 5 October 2011. Retrieved 15 June 2011.