Sexual Harassment in the Workplace
Eva L. Mendez-Zacher
MG260, Business Law I
28 September 2014
Dr. Anita Whitby
Abstract
I’m conducting a study on Sexual harassment in the workplace. Sexual harassment is possible in all social and economic classes, ethnic groups, jobs and places in the community. Through this study I hope to clarify the common misconception that sexual harassment is an isolated female problem. Although the majority of the cases reported are in fact male on female offenses, sexual harassment is not gender specific. Cases have been reported based on female on male harassment, as well as same gender harassment. Sexual harassment is a growing epidemic that can be controlled though proper enforcement of company polices and regulations.
Sexual Harassment in the Workplace
Sexual harassment in the work place can be defined, as a form of sexual discrimination that involves unwanted sexual advances, requests for sexual favors, and verbal or physical conduct sexual in nature capable of creating a hostile work environment. The harasser can be the victim 's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. The reason for my study is to inform and educate the public on how to prevent, address, and report these forms of unsolicited sexual advances.
The two types of sexual harassment that are legally recognized are:
1. Quid Pro Quo Sexual Harassment
In corporate America, sexual harassment is a huge concern amongst many organizations. The matter of sexual harassment is an issue that needs to be immediately attended to in
Our textbook defines sexual harassment, also known as gender harassment, as “Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job” (pg. 552). AAUW describes sexual harassment as a general description of unwanted sexual advances, request for sexual favors, or other verbal/physical conduct of any sexual nature. Even with Title VII’s protections, numerous people throughout the country still experience sexual harassment in the workplace. We can look at the Waldo v. Consumer Energy Company federal court case, found on page 552, as an example of sexual harassment at work and the consequences associated with the
Harassment has plagued the world for centuries. Why should the workplace be any different? Sexual harassment and workplace violence are not only of historical roots, but contemporary issues are still present in the workforce today. Managers are addressing and combating modern sexual harassment and workplace violence, however instances still occur (Robbins, Decenzo & Coulter, 2011).
Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it. By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being. Sexual harassment is well defined as an unwelcome sexual request for sexual favors and other verbal or physical conduct of a sexual nature. In many countries, sexual harassment is considered a form of sexual abuse and employment discrimination. Sexual harassment is most prevalent is organizations both professional and academic, though it can occur almost anywhere.
Work place policies regarding sexual harassment is the main issue discussed in this article. Sexual harassment has continued to be a challenge within the workplace. According to a recent review of sexual harassment related resolutions, employers have paid over $732,976.00 in sexual harassment fines (Hobson, Szostek, & Fitzgerald, 2015). The EEOC has issued written guidelines for appropriate strategies employers should use to handle workplace sexual harassment and specific ways to address it. It is the employer’s duty to proactively work to protect all employees from any type of sexual harassment by following sexual harassment policies and procedures that are put in place. Failure to implement and follow the policy and procedure in the workplace can and most likely will lead to liability should an EEOC investigation or lawsuit occur. The employer needs to disperse copies of the policies and procedures and post them in central locations throughout the organization and address sexual harassment in the employee handbooks. The policy and procedures need to clear
Injustices in this world infect people's lives like diseases. One in particular has not only developed over the years, but cases spring up in the most unthought of places. This injustice commonly known as sexual harassment affects women, children, and occasionally men all across the globe. There are many aspects when it comes to sexual harassment including its background, opposing viewpoints on the popular belief, the popular viewing, sexual harassment in today's society, solutions to the problem, and what the future would be like without this injustice on the world's hands.
Harassment has no boundaries when it comes to race, age, or gender. As mentioned previously, there are sometimes underlying problems when it comes to lower-status positions and high-status positions. Power can be dangerous in the hands of the wrong person and can often be said in the workplace where power can lead to sexual harassment. Debbie Dougherty, an assistant professor of communication in the College of Arts and Science at the University of Missouri-Columbia, did an assessment based on opinions and perceptions of 23 participants. The study was focused around the question “why does sexual harassment occur?” and the most common answer that came up was “power.” One thing Debbie noticed was the fact that men and women had different opinions
Organizations have an obligation to create a harassment free environment for its employees. Harassment doesn’t have to be of a sexual nature. An organization is liable if the harassment is so frequent or severe that it creates a hostile or offensive work environment or when it results in adverse employment actions such as the victim being fired, demoted, or transferred. Harassing a person based on their sex is illegal. Sexual harassment has a great impact on an employee’s productivity as well as poses a major impact on an organization’s finances in litigation.
Providing training about harassment has proven beneficial to the business environment. As the former EEOC Chairman stated “Sex harassment has developed as one of the great lessons in how education can have an effect on an offensive practice.” There are education campaigns educating not only employees but employers about what harassment entails, how to prevent it, and how to deal with a claim. (Glazer, 1996) In fact, most
Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.
Over the years, many people have believed that the issue of sexual harassment should not be discussed in public. Sexual harassment was to be discussed behind closed doors. In spite of this, the social and political systems have changed instantaneously. This social problem has affected men and women throughout time; however, it seems that the women of our society more closely look at this issue. This social topic has encouraged women to establish organizations in order to help them discuss the issues more openly and to demand equality including fairness and justice throughout the workplace and in their social lives as well. In recent years, sexual harassment has been one of the most serious and widespread problems
Thesis statement: Sexual harassment is an ongoing issue. From everyday workplaces to daily encounters, sexual assault is still a concern in our daily life and has yet to be generally recognized.
In our society sexual harassment has been in the workplace for years. The use of sexual harassment in the workplace has been remembered best as a weapon used to keep women in their place which would cause them to forfeit promotions within their organizations. It was once believed that women were the only victims but the shift is now changing men are also reporting that they are also victims of sexual harassment on the job. In 1964 the Civil Rights Act was passed and employers began to recognize that they were liable for two types of sexual harassment. The first kind of harassment is Quid pro quo when a supervisor offers the employee sexual advances in order to get or keep a job, and also this harassment is used to determined if an
In this research paper I would fully discuss what sexual harassment. I will start on the origin of sexual harassment and how it came into law. I will discuss what environment of sexual harassment looks like in the work place. The reader should be able to discover the different types of sexual harassment: Quid pro quo and Indirect. I will show you illustrated trends of sexual harassment in the work place over the years. I will discuss how sexual harassment affect both parties, meaning the employer and the employee. I will back up theses affects by laws that are set in place to protect the employee and hold the employer responsible. I will give an analysis on recent litigation involving sexual harassment in the workplace. In my conclusion I will give a recommendation on how to prevent sexual harassment in the workplace and what management can to protect their employees.
As seen in the case study, a court decision may be one way for any company to legally define what constitutes sexual harassment in the workplace, but there are many ways to define sexual harassment. Everyone has different views and tolerance levels towards sexual harassment. When a case of sexual harassment occurs in a workplace, however, it comes down to how the courts define sexual harassment. The Supreme Court defines sexual harassment to be unlawful in two ways. “The first type involves sexual harassment that results in a tangible employment action;” this is referred to as quid pro quo. For example, if an employee complies with the harasser’s request, then she will get a raise. This unlawful act is usually presented in the workplace by a person who has an upper hand, such as a manager, to ensure that s/he will get what s/he wants. Employees are often victimized by fear that they will not get promoted or that they will get fired. They also dread that if a complaint is filed, it will not be handled correctly. “This instance of sexual harassment always involves another violation of employee rights; [sic] wrongful termination.” This would occur, for instance, when “a supervisor . . . tells a subordinate that . . . she must be sexually cooperative with [him] or . . . she will be fired, and who then indeed does fire the subordinate for not submitting” (“U.S. Supreme Court Defines”). [schwinlaw.com]