3.05A. Supervisor Harassment with Tangible Employment Action is a form of workplace harassment that involves supervisors or managers engaging in behavior that creates an intimidating or hostile work environment, and further includes a tangible employment action taken as a result of the employee's refusal to submit to the harassment. Examples of tangible employment actions include termination, demotion, or other similar forms of disciplinary action. This type of harassment is considered to be the most serious form of workplace harassment and is illegal in many jurisdictions. Different types of 3.05A. Supervisor Harassment with Tangible Employment Action include verbal abuse, physical abuse, sexual harassment, and retaliation.
3.05A. Supervisor Harassment with Tangible Employment Action
State:
Multi-State
Control #:
US-JURY-7THCIR-3-05A
Format:
Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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Examples include, but are not limited to 1) obscene, rude, or threatening phone calls, e-mails or letters, 2) public humiliation, mocking or ridicule, 3) denial of support, exclusion or isolation, 4) disrespect, rudeness or sarcasm, 5) work sabotage, 6) bashing due to gender or sexual orientation, 7) initiating or
To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person.
There are two basic types of unlawful workplace harassment: harassment that results in a ?tangible employment action? (also referred to as ?Quid Pro Quo?) and ?hostile work environment? harassment.
The three types of hostile work environment in California are: verbal, non-verbal, and environmental. These three categories encompass every hostile work environment in California workplaces, and are prohibited under California law.
Employer Liability for Harassment The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.
Name-calling or epithets, offensive jokes, slurs, threats or physical attacks, displeasing photos or objects, or interference with workers' ability to execute their tasks are examples of offensive behaviour or unlawful harassment.
Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful.