Sex Harassment Law Update--Introduction

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I. INTRODUCTION

Purpose of this update

University policies and procedures

Campus informational resources

Campus counseling resources

In June, 1998, the United States Supreme Court issued two opinions interpreting Title VII of the Civil Rights Act of 1964. These opinions significantly changed the law regarding sex harassment by a workplace supervisor. The Supreme Court ruled that an employer will be strictly liable for sex harassment by a supervisor accompanied by any tangible adverse action, and made it clear that in all cases the burden is on the employer both to prevent harassment in the first place, and to promptly correct harassment when it occurs. The Supreme Court also addressed the question of what happens when an employee-complainant unreasonably fails to take advantage of any preventative or corrective opportunities the employer provided.

These rulings have potentially enormous impact for all University faculty, staff and students. The University is a complex organization, and the lines of employment supervision involve both the administrative and academic community. Supervisory administrative staff include the President, Vice Presidents, Deans, Directors, Department Chairs, and supervisors in offices and shops throughout the campus. Faculty are employment supervisors in a variety of contexts: they supervise administrative staff; research faculty; graduate research and teaching assistants; and undergraduates. Research and clinical faculty as well as graduate students, by the nature of their assignments, also may have some supervisory authority. Each of these supervisory positions are affected by the Supreme Court's new rules.

All employees with supervisory authority must understand the serious consequences attached to certain behavior occurring within the work environment. Individuals who feel they are being harassed must understand the University has a well established policy and set of procedures for addressing their concerns. Ultimately, preventing and responding to sex harassment is a responsibility of the entire campus community.

Purpose of this Update

The purpose of this briefing paper is to outline the basic principles of sex harassment law; explain the Supreme Court's new rulings; review the University's sex harassment policy; and describe the complaint procedures. The legal and policy issues regarding consensual sexual relationships also are discussed.

University policies and procedures

The full text of the University's Policies and Procedures on Sexual Harassment and Statement on Sexual Relationships and Professional Conduct is reproduced at the end of this document and can also be found at www.inform.umd.edu/CampusInfo/Policies.

Campus informational resources

Each topic presented here is discussed in summary form. No doubt many questions will be raised by reading this summary. There are several University offices which can answer those questions, and provide additional information and training. These offices are: Office of Human Relations, 405-2838; Office of Personnel Services, 405-7539; and Office of Legal Affairs 405-4945.

Campus counseling resources

Sex harassment also raises emotional issues for the individuals involved. The following campus departments provide counseling services to individuals who wish to discuss concerns about sex harassment confidentially: Health Center Faculty-Staff Assistance Program, 314-8170; and University Counseling Center, 314-7561.