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![]() An isolated instance of favoritism toward a "paramour" (or a spouse, or a friend) may be unfair, but it does not discriminate against women or men in violation of Title VII, since both are disadvantaged for reasons other than their genders. ![]() 1 It is the Commission's position that Title VII does not prohibit isolated instances of preferential treatment based upon consensual romantic relationships. Not all types of sexual favoritism violate Title VII. Isolated Instances of Favoritism Towards a "Paramour" Not Prohibited ![]() Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but were denied that employment opportunity or benefit.Īs discussed below, sexual favoritism in the workplace which adversely affects the employment opportunities of third parties may take the form of implicit "quid pro quo" harassment and/or "hostile work environment" harassment. Subsection (g) of EEOC's Guidelines provides: EEOC's Guidelines define two kinds of sexual harassment: "quid pro quo," in which "submission to or rejection of conduct by an individual is used as the basis for employment decisions affecting such individual," and "hostile environment," in which unwelcome sexual conduct "unreasonably interfer with an individual's job performance" or creates an "intimidating, hostile or offensive working environment." 29 C.F.R. 57, 64, 40 EPD ¶ 31,159 (1986) EEOC's Guidelines on Discrimination Because of Sex, 29 C.F.R. The Commission and the courts have declared that sexual harassment violates Section 703 of Title VII. Instructions: File after Section 615 of Volume II of the Compliance Manual ( Harassment). Originator: Title VII/ EPA Division, Office of Legal Counsel.Ħ. Expiration Date: As an exception to EEOC Order 205.001, Appendix B, Attachment 4, § a(5), this Notice will remain in effect until rescinded or superseded.ĥ. Purpose: This policy document is intended to provide guidance on the extent to which an employer should be held liable for discriminating against individuals who are qualified for but are denied an employment opportunity or benefit, where the individual who is granted the opportunity or benefit received it because that person submitted to sexual advances or requests.Ĥ. Subject: Policy Guidance on Employer Liability under Title VII for Sexual Favoritism.Ģ.
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