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Article: Make it stop or I'll sue! The feasibility of a hostile work environment claim created by sexually explicit spam.
- Article from:
- Iowa Law Review
- Article date:
- April 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: This Note will investigate a new problem confronting sexual harassment law, that is, the influx of sexually explicit spare e-mail into the workplace. Specifically, the Note will outline the elements of a hostile work environment claim and look at each such element as it may relate to sexually explicit spare. The paper will conclude that, while such a claim is possible, court should be slow to impute liability for such a claim to employers.
I. INTRODUCTION
II. ELEMENTS OF A SEXUALLY HOSTILE WORK ENVIRONMENT CLAIM
A. PROTECTED CLASS
B. UNWELCOME SEXUAL CONDUCT
C. HARASSMENT BASED ON SEX
1. Sexual Conduct as Discrimination Per Se
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