Answer to Question 1
There are two categories of sexual harassment:
Quid Pro Quo. From a Latin phrase that means one thing in return for another, quid pro quo harassment occurs if any aspect of a job is made contingent upon sexual activity.
Hostile Work Environment. An employee has a valid claim of sexual harassment if sexual talk and activity are so pervasive that they interfere with her (or his) ability to work. Courts have found that offensive jokes, intrusive comments about clothes or body parts, and public displays of pornographic pictures can create a hostile environment.
Answer to Question 2
Affirmative action is not required by Title VII, nor is it prohibited. Affirmative action programs have three different sources: litigation, voluntary action, and government contracts. Courts have the power under Title VII to order affirmative action to remedy the effects of past discrimination. Employers can voluntarily introduce an affirmative action plan to remedy the effects of past practices or to achieve equitable representation of minorities and women. The government may use affirmative action programs when awarding contracts only if (1 ) it can show that the programs are needed to overcome specific past discrimination; (2 ) they have time limits; and (3 ) nondiscriminatory alternatives are not available.
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Ellsworth Kelly, Three Panels: Orange, Dark Gray, Green.
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