Recent Developments

Issues that affect ministers and churches
Church Agency Not Liable for Nudity in Video as Harassment
Woman recording conversations can't sue when fellow employee shows video with flash of nudity.
Key point 8-12.5. Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. It consists of both "quid pro quo" harassment and "hostile environment" harassment. Religious organizations that are subject to Title VII are covered by this prohibition. An employer is automatically liable for supervisory employees' acts of harassment, but a defense is available to claims of hostile environment harassment if they have adopted a written harassment policy and an alleged victim fails to pursue remedies available under the policy. In some cases, an employer may be liable for acts of sexual harassment committed by nonsupervisory employees, and even nonemployees.

A federal appeals court ruled that a church agency was not liable on the basis of sexual harassment for an employee's alleged display of a video showing a momentary image of male nudity to a co-employee. A church agency hired a woman (the "plaintiff") as a clerical employee. The plaintiff's employment was terminated when her employer discovered that she had been secretly recording her conversations with co-workers without their consent. The employer concluded that her behavior violated its employment standards, and a state eavesdropping law. After her termination, the plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) alleging that she was sexually harassed on one occasion when another employee showed her a supposedly humorous video on his computer that included a brief display of male nudity. She also claimed that her employer discriminated against her on the basis of race and national origin when it failed to promote her on four occasions.

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Posted: October 28, 2014
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