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Security Law and Methods by James Pastor

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7

Sexual Harassment

CAUSE OF ACTION AND ELEMENTS

The statutory basis for sexual harassment claims is from Title VII of the Civil Rights Act of 1964, specifically 42 U.S.C. Section 2000e-2(a)(1). This cause of action is administered through the Equal Employment Opportunity Commission (EEOC), which essentially acts as a “gatekeeper” by evaluating and investigating sexual harassment claims. In order to have jurisdiction to pursue a sexual harassment claim in federal court, the EEOC must first issue a “right to sue letter.” Once submitted, the plaintiff has ninety (90) days to file the lawsuit in federal court. The failure to file within this time frame, or the failure to obtain a right to sue letter will prove fatal to the lawsuit.1

Definitions ...

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