Sexual Harassment Isn't Always the Issue

• DOI: 10.1177/0734371X07310481
• Date: 01 June 2008
• Published date: 01 June 2008
• Author: Doug Goodman,Stacey Mann
• Subject Matter: Articles

190

Review of Public Personnel

Administration

Volume 28 Number 2

June 2008 190-196

© 2008 Sage Publications

10.1177/0734371X07310481

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Legal Brief

Sexual Harassment Isn’t Always

the Issue

Appellate Courts and Other Factors That

Contribute to a Hostile Work Environment

Stacey Mann

Doug Goodman

Mississippi State University

Discrimination has long been established by the United States Supreme Court to be uncon-

stitutional and illegal. Although the term hostile work environment is not specifically men-

tioned in the Civil Rights Act of 1964 (CRA), it has been most synonymous with claims

of sexual harassment. Have the courts expanded the hostile work environment legal theory

to include other protected classes in the CRA? This article analyzes and discusses recent

appellate court cases with a claim of hostile work environment with the basis of some

action other than sexual harassment. We explain why the courts,in the majority of cases,

did not rule in favor of those who claimed hostile work environment, and then we sum-

marize factors the courts used to determine their rulings. In addition, we provide sugges-

tions to both employees and employers.

Keywords: hostile work environment; equal employment opportunity; discrimination;

harassment; Civil Rights Act

Certain types of discrimination in the workplace have been established by the United

States Supreme Court to be unconstitutional and illegal. Not only does discrimina-

tion violate a person’s rights guaranteed under the United States Constitution, but dis-

crimination can also create a hostile work environment, causing psychological damage

to individuals and economic damage to the organization.

Over the past 20 years, the United States courts witnessed an increasing number of

cases claiming hostile work environment. Although hostile work environment once was

defined as a non-quid pro quo form of sexual harassment, the courts have seen some

changes in the use of the term. In 1986, the United States Supreme Court in Meritor

Savings Bank v. Vinson (1986) ruled that “so-called ‘hostile environment’(i.e., non-quid

Authors’Note: We would like to thank the anonymous reviewers. Their comments were most helpful. Please

address correspondence to Doug Goodman, Department of Political Science and Public Administration,

Mississippi State University, P.O. Box PC, 105 Bowen Hall, Mississippi State, MS 39762; e-mail: dg114

@msstate.edu.