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Title VII of the Civil Rights Act of 1964 > Sexual Harassment - Pg. 93

Staffing Up 93 · Bona Fide Seniority/Merit Procedures. An employer will not be liable for discrimination where the business has an established seniority or merit system in place that is not intentionally dis- criminatory, and the alleged discrimination is consistent with that bona fide system. A plaintiff may overcome this defense by proving the system has a discriminatory intent (not just impact) or illegal purpose. Sexual Harassment Title VII also protects against sexual harassment in the workplace. There are two forms of harass- ment: · Quid Pro Quo,-- literally "this for that," where a person is punished in any way for refusing a superior's sexual advances. · Hostile Environment,-- where a hostile workplace environment is created by the physical or verbal sexual conduct of others in the workplace, not just superiors. Note CAUTION Employers are strictly liable for quid proquo harassment by their employees,whether or not the employer knew of theharassment.An employer will be liable for hostile environment har- assment if it knew or should have known of the harassmentand failed to take remedial action.