Originally from Dispute Resolution Journal

The purpose of this article is to present first an overview of the reasoning used by the courts in their initial rejection of sexual harassment as a claim falling within Title VII prohibitions; second, their present position, as reflected in the new EEOC guidelines, that sexual harassment is indeed sex discrimination in violation of the statute; and third, to indicate the nature of sexual harassment claims that have reached the arbitration forum. Generally, the court cases have been brought by female victims who allege discrimination by male harassers. In contrast, the arbitration cases have been filed by unions on behalf of male harassers, for the most part, who allege that discipline meted out for their sexual misconduct was without just cause.

It is noteworthy that while the courts have been concerned with whether particular words or conduct are sufficiently coercive to constitute sexual harassment in violation of Title VII, arbitrators generally have not dealt with this discrimination issue, but rather considered whether the behavior complained of constitutes sexual misconduct inappropriate to the workplace and therefore just cause for disciplinary action. Thus, the focus of the two forums has been different.