Sexual Harassment Case
The Equal Employment Opportunity Commission's (EEOC) sexual harassment guidelines and the Civil Act of 1964, indicate that Susan Parker was indeed sexually harassed throughout her employment at Plastech Industries. The EEOC has created a set of guidelines that determine liability. These EEOC guidelines say that "A key factor in determining liability is whether the employer has an effective internal grievance procedure that allows employees to bypass immediate supervisors (who are often the offenders)" (Making the Sale p.46). According to the EEOC and section 703 of Title VII in the Civil Act of 1964, sexual harassment is:
" …sex discrimination not because of the sexual nature of the conduct to
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As part 5 of section 615.2 (b) of the EEOC Compliance Manual states,
There is no requirement that the victim complain to the harasser or report the sexual harassment to his/her supervisor or employer in order for the employer to be held responsible for the unlawful conduct when the harassment is committed by the supervisor. And … likewise, there is no requirement that the victim complain to the harasser or report the sexual harassment where the act is committed by a co-worker or a non-employee, the employer will not be held responsible for the act unless it knew or should have known that the act occurred and failed to appropriate corrective action. In the case of Susan Parker vs. Randy Louvenberger, the victim (Susan Parker) did not keep quiet about the harassment she received. Since the level of sexual harassment in Plastech Industries is demonstrably high, any competent supervisor should be able to recognize and eliminate the harassment. Although her supervisor, Randy Louvenberger, ceased to harass Susan Parker after being confronted about his behavior, such a confrontation should not even have been necessary. Mr. Louvenberger's comments about her playing hard-to-get indicate his recognition that Ms. Parker did not enjoy the suggestive remarks made by male Co-workers. In fact, this comment shows that he was
Harassment, specifically sexual harassment, is one of those challenges faced by businesses and employers as of a result of workplace diversification. Inappropriate conversations, unwanted advances and uncomfortable physical contact are some of the ways sexual harassment can occur. According to Hellriegel and Slocum, “Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” (p.52). To be clear, sexual harassment can, and has, affected both women and men over the years however up to half of all working women have reported experiencing some form of sexual harassment in the career (Vijayasiri, 2008, p.1). It wasn’t until 1986 though that the Supreme Court recognized sexual harassment as a violation of Title VII in the case of Meritor Savings Bank v. Vinson (O’Brien, 1994, p. 1). Before the high court’s ruling, however, the Equal Employment Opportunity Commission had begun to address the issue by drafting hostile work environment guidelines that included sexual harassment (O’Brien, 1994, p. 4). These guidelines would serve later to guide the high court’s decision. There are many more cases like this one we could look at. In 1991, sexual harassment became a household term as Anita Hill testified before congress stating she was sexually
The court should take a look at what the partners said like, “she was sometimes overly aggressive” (Nkomo, Fottler, McAfee, 7 edition, p. 57). The judge should rule in favor of Thelma Jones because she is being sexually discriminated. The employer did in fact discriminate unlawfully because you’re not allowed to tell a woman to be more “femininely” just to get a higher position.
Sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964, which applies to all U.S. employers with 15 or more employees (some state laws may provide additional worker protections). Anyone affected by the offensive conduct in question, not just the person to whom it is directed, may be a victim.
Lisa Baxter has been encountering sexual harassment issues in the business and she thought she was the only one, until she found out that also other women in the organization are getting sexually harassed and so she decides to speak up
In more than just the examples given in the documentary, reporting a sexual assault seems almost baffling in terms of procedure, both in military life and in civilian. It is a difficult enough prosses for a man or women to endure in civilian life. Just noting what I have witnessed in my time here at Georgia Southern University, it is a long, horrifying, and complex means to achieve justice, and even then, it is certainly not guaranteed. Even at the conclusion of this class, it is still difficult to grasp the blatant disregard for an entire section of the armed forces. The ones who are willing to make the huge personal sacrifices to serve their own country, when that same courtesy would never be reciprocated. As stated multiple times in The
For a timeline and a narrative of the cases that set legal precedence in the areas of retaliation and sexual harassment would consist of Williams v. Saxbe in 1976. The court recognized sexual harassment as a form of sexual discrimination when sexual advances by male superior towards female employee. In the Barnes v. Costle case in 1977, it set the precedent that if a female employee was retaliated against for rejecting sexual advances of her boss, it is a violation of Title VIIs prohibition against sex discrimination. The court of US Court of Appeals, Second District ruled in this matter. In the Bundy v. Jackson case in 1981, it set the precedent that if an employee is sexually insulted, there can be Title VII liability. This was ruled by
For example, in the case of Lois Robinson co-workers would post pornographic pictures and make suggestive comments when they noticed her pass by. Although, this did not affect her pay or the terms and conditions of her job she was subjected to a hostile work environment. Lois Robinson filed a suit against Jacksonville Shipyards Inc., for sexual harassment. However, the challenge for the court is to determine what is considered discomfort. The judge ruled that the display of pornographic pictures and pinup calendars was a visual assault on the emotional response of female workers due to the conditions sexual harassment under the “hostile working environment” provision. (Boatright 2007) Keep in mind that the court decision did not state that the display of pictures always constituted sexual harassment. The problem was the scarcity of women workers in a shipyard, and the lack of women in authority and the occurrence of verbal harassment including explicit sexual remarks. Jacksonville Shipyards Inc. (JSI) were federally contracted to repair U.S. Navy ships, therefore, they are required to have an affirmative action plan. In the company policy it stated that any violation should be reported to the Equal Employment Opportunity Coordinator in the facility. Unfortunately, supervisors at the shipyard were unaware that such policy existed and it was not included in the standard JSI
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.
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.
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.
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.
Are you okay? Please do not cry. You are not alone. You do not know me but I am listening; I will wipe your tears, and stand by your side. Because what happen to you is not right, it is unjust, unmoral, and revolting. Although I was not there, I am here now. Although I have not experienced it, I am listening. However, I will never truly understand what you went through because I have not lived it. Sexual assault is “illegal sexual contact that usually involves force upon a person without consent or is inflicting upon a person who is incapable of giving consent”, according to Webster Dictionary. I will not judge you, I will not patronize you, and you can trust me. What happened that night? Can you remember? What started out as a fun night with drinking and dancing; ended with your cold naked body lying upon the ground. You were intoxicated, incoherent, and unconscious. Your blood alcohol level and your dashing good looks should not make you vulnerable or a victim to inhumane acts of sexual violence.
Unwelcome sexual behavior has been a serious problem in our society for many years. We need to focus more on this problem, because a lot of men still don’t take it seriously, it happens, because they don’t know the real definition of sexual harassment.
Sexual Harassment Laws Sexual harassment is one of the biggest problems facing our schools and businesses today. A week rarely goes by without a reminder of the pervasiveness of sexual harassment as a social problem. The definition of sexual harassment is any unwanted or inappropriate sexual attention. That includes touching, looks, comments, or gestures. A key part of sexual harassment is that it is one sided and unwanted.
In today’s society we constantly hear or read about individuals that claim they were a victim of sexual pressure. These instances can take place at work, school, the military and even at church. But exactly what is sexual exploitation or unwanted sexual behavior? After looking at several definitions for sexual abuse I came across the following definition that I feel will help all of us to better understand what inappropriate sexual behavior is. Sexual harassment was defined by The Equal Employment Opportunity Commission (EEOC) as unwelcome advances and requests for sexual behavior or conditional requests such as a person’s employment will continue if they perform these acts. (Gale Group, 2003). This definition left me thinking and