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Section Four: Legal & Accommodation Issues in Student Employment

Subject: Title VII of the Civil Rights Act
Policy #4.2
<-- Section 4.1


According to the SEC. 2000e-2. [Section 703]
(a)
it shall be an unlawful employment practice for an employer -
     
(1)
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or
(2)
to limit, segregate, or classify his employees or applicants for employment in any way, which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
       
(b)
It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
     
(c)
It shall be an unlawful employment practice for a labor organization -
     
(1)
to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2)
to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin…

Therefore, it is illegal based on Title VII to discriminate against an employee based on their race, color, religion, sex or national origin.

Title VII of the Civil Rights Act of 1964. EEOC: (Online), www.eeoc.gov/laws/vii.

Sexual Harassment Under Title VII


Quid Pro Quo
Quid Pro Quo states that continued employment is contingent on sexual favors. Therefore, based on the actions under Title VII, any employer making this stipulation will be in violation of this Act and may be charged with sexual harassment.


The College of Charleston Sexual Harassment Policy
Respect for the dignity and worth of all individuals is essential to an appropriate college environment. Thus, sexual harassment of students, faculty, and staff is unacceptable and impermissible conduct, and will not be tolerated. Actions which come within the definition of sexual harassment will be grounds for disciplinary action, even resulting in termination.


The College of Charleston's definition of sexual harassment:
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when:

a.
submission to such conduct is made, either explicitly or implicity, a term or condition of an individual's employment or education;
b.
submission to or rejection of such conduct by an individual is used as a basis for an academic or personnel decision affecting that individual;
c.
such conduct has the purpose or effect of substantially interfering with the affected person's academic, professional, or work performance or creating an intimidating, hostile or offensive work or educational environment; or
d.
such conduct is abusive and implies, in an abusive manner, a discriminatory hostility toward personal or professional interests of the affected individual because of his/her gender.

What may constitute sexual harassment?

  • Objectionable comments or actions in reference to one's gender.
  • Pornographic pictures, stories, jokes or objects.
  • Use of sex-stereotyped references, inappropriate pictures and handouts, unequal class attention or grades, unequal time on equipment, inappropriately steering conversations to sexual topics and repeated sexual innuendoes.
  • Unwanted physical contact.
  • Unwanted verbal sexual approaches.
  • Unwanted references to physical appearance or sexual activities.
  • Unwanted pressure for sexual involvement.
  • Demand for sexual favors implying a link to job security or academic success.
  • Objectionable comments or actions regarding one's sexual activities or preference.

SEXUAL HARASSMENT - What is the College of Charleston's Sexual Harassment Policy?. The College of Charleston [Brochure].

<-- Section 4.1


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