Sexual Harassment Can Be Legally Defined as Research Paper

Download this Research Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Research Paper:

Sexual harassment can be legally defined as "verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes" ("sexual harassment," 2012). If a person in authority such as a boss, mentor, or official is found pressurizing a person holding an inferior position with the intention of obtaining sexual favors, it is typified as sexual harassment. In most cases, sexually unambiguous or evocative behavior by male colleagues may be intended to make a work situation difficult for a recently appointed female. The main motive of the harassers may be sheer resentment to female admission into a male preserve ("sexual harassment," 2012).

Difference between Sexual Harassment and Gender Discrimination

Harassment is behavior that is unessential for the performance of an administrative or managerial job, but in its place outside the extent of obligatory work responsibilities. Harassment is, thus, the conduct apparently slotted in for personal satisfaction, fulfillment and indulgence because of malice or intolerance, or for other private reasons (Broderick, 2011). As far as sexual harassment is concerned, it is the behavior that demonstrates unnecessary sexual comments or exploitation, unwanted sexual proposals, unpleasant and disgusting signals and unwanted sexual contact ("Sex Discrimination and," 2005).

On the other hand, discrimination crop ups out of the performance of essential staff supervision duties, such as appointing, dismissing, and awarding promotion. Gender discrimination refers to unfairness and bigotry by administration in personnel verdicts based on a worker's sex (Broderick, 2011).

"Quid Pro Quo" Sexual Harassment

Quid Pro Quo occurs when an employee is asked, either in a roundabout way or straightforwardly, to surrender to a sexual advance in exchange for some advantage at work for instance a promotion or salary advance (Hartmus & Niblock, 2000).

Hostile Environment Sexual Harassment

The fundamental nature of hostile environment harassment is that the member of staff is "subjected to unwelcome, offensive, sexually-related conduct at work that is continuous and pervasive, and that interferes with the individual's job performance, or that creates an intimidating, hostile, or offensive working environment" (Hartmus & Niblock, 2000). Anyone can be claimed to be the sole reason behind hostile environment harassment such as a colleague, a manager related to another area, a representative of the company, or even an individual outside the working staff. Hostile environment harassment not only involves sexual advances, but also sexual behavior that is not inevitably besieged at the complaining employee, but has an effect on the working conditions of the accuser (Hartmus & Niblock, 2000). In simple words, such kind of harassment intimidates the working environment as a result of sexual stares and gazes, behaviors, snaps, comments, jokes, terrorization and/or bullying (Gross, 2008).

Factors that Determine Sexual Harassment Behavior

There are a number of behaviors that help in the determination of sexual harassment. An evocative and indicative behavior suggests that the individual is involved in sexual harassment. Similarly, gazing, intent looks, grinning or signaling in a sexual way indicates the sexual harassment. Sexual, indecent and filthy jokes or intimations also make it easy to determine whether a person is involved in harassing the others sexually. In some cases, sexual harassment behavior is verified when a person continues with behaviors even after the clearance from the victim that he/she is not interested. The person committing sexual harassment continues to propose sexually, send invitations, make contact via phone or ask for sexual support. In addition to this, sexual or physical contact that includes touching, brushing, stroking, spanking, kissing or squeezing also determines sexual harassment behavior. A person harassing the other person sexually also passes sexual or gendered comments. he/she bullies and teases the affected party. If a person asks disturbing questions about an individual's private life including marital status, sexual turn-ons and orientation, probity or physical appearance, it is also a major feature of the sexual harassment behavior. Moreover, if sexually open or nasty material is exhibited in a public place or placed in the work area of an individual, it crystal-clearly portrays the sexually annoying behavior. If a staff member views pornographic material at his/her work-station, such an action would also be categorized as a sexually harassing behavior ("Sex-Based Discrimination,").

Standard by which "Unreasonable" Behavior is Determined

It is not a difficult task to determine unreasonable behavior at workplace. The most fundamental standard to judge it is bullying. A person would be plainly labeled as having an unreasonable behavior if he/she bullies his/her colleague(s) creating a risk for health and safety. Even a single incident of unreasonable behavior can result in a risk to another person's physical condition and well-being. It doesn't matter whether bullying in intentional or unintentional; what matters is that bullying is an unreasonable standardized behavior that can result in serious work-related health and safety issue. Bullying can cause stress to anyone whether he/she is bullied or no. Even a person working in an atmosphere of bullying can have serious psychological injuries like apprehension and despair and can also have indirect physical injuries. In simple words, it means that an improper, unreasonable or dysfunctional behavior can have solemn consequences on output, efficiency, job satisfaction and on the physical and mental safety of employees.

Severe or Pervasive Situations

The behavior of the harasser is required to be either severe or pervasive in order to categorize his/her conduct as sexual harassment. A single unpleasant occurrence is most likely not sexual harassment unless it is severe. For instance, a single event of rape or endeavored rape would in all probability be considered as sexual harassment. Similarly, a single redundant date request or a sexually indicative remark might be offensive and improper; it may not be sexual harassment. On the other hand, several somewhat insignificant disconnected incidents may be combined to sexual harassment, in case the working environment is affected by these occurrences. Thus, in order to determine the pervasive conduct, it is exceedingly important to find out the frequency of the incidents, the duration of the harassment from the beginning and the number of other people who are also harassed sexually.

Importance of a Valid Written Policy Against Sexual Harassment

A valid written policy against sexual harassment is undoubtedly important for companies as it can help the employers to reduce their risk of legal responsibility in sexual harassment claims. This is the reason why a core set of elements is indispensable to a first-class sexual harassment guiding principle. Such a policy must contain a strongly-worded "zero tolerance" proclamation on sexual harassment from higher administration, together with exact characterization of what form of behavior represents sexual harassment. Moreover, it must also contain "an effective and enforced procedure in place to handle sexual harassment complaints and impose sanctions against offenders" (Hartmus & Niblock, 2000). It is also important for the policy to be clearly in black and white and widely circulated to all employees (Hartmus & Niblock, 2000).

Burlington Industries, Inc. v Ellerth 524 U.S. 742 (1998)

A. The Facts of the Case

Kimberly B. Ellerth was an employee of Burlington Industries. However, after working there for fifteen months, she quit because she purportedly experienced sexual harassment by Ted Slowik, one of her superiors. Regardless of the fact that she rejected Slowik's sexual advances, she was not put up with any substantial vengeance. If truth be told, she was given a promotion. Furthermore, at the same time as Ellerth continued to be quiet about Slowik's behavior even though she knew about Burlington's policy against sexual harassment, she dragged the company to the court claiming that the company forced her beneficial release ("Burlington Industries, Inc.," 2012).

B. The Issue in the Case

The question put before the court was "Can an employee, who despite refusing sexually harassing advances by a supervisor suffers no adverse job-related consequences, recover against…[continue]

Cite This Research Paper:

"Sexual Harassment Can Be Legally Defined As" (2012, August 15) Retrieved December 2, 2016, from http://www.paperdue.com/essay/sexual-harassment-can-be-legally-defined-81620

"Sexual Harassment Can Be Legally Defined As" 15 August 2012. Web.2 December. 2016. <http://www.paperdue.com/essay/sexual-harassment-can-be-legally-defined-81620>

"Sexual Harassment Can Be Legally Defined As", 15 August 2012, Accessed.2 December. 2016, http://www.paperdue.com/essay/sexual-harassment-can-be-legally-defined-81620

Other Documents Pertaining To This Topic

  • Sexual Harassment

    Sexual harassment is not something that has a sole effect on the accuser and the victim. This type of behavior has an influence on everything around them. Sexual harassment policies are put in practice to make sure there is a safe environment and lessen employer liability. There are approaches that can be performed in order to display the commitment that is from people in high places. With that said, this

  • Harassment in the Workplace Heading

    Harassment in the Workplace Harassment manifests in a number of different ways, including verbal, physical, visual, and sexual. Verbal harassment involves racial slurs, religious epithets, or disparaging physical remarks. Physical harassment is defined by physical abuse; this can involve injury, or it may be characterized by any restriction on an individual's physical space and movement. Meanwhile, visual harassment concern any forms of insulting visual posters, computer messages, etc. Finally, sexual harassment

  • Sexual Predators Online Sexual Predators

    Moreover, the television show uses the same tactics that law enforcement does when they want to catch sexual predators online. Both law enforcement and the staff of "To Catch a Predator" pretend to be young people. By playing the same game as the sexual predator, police are effectively capturing criminals before they get away with their crimes. Although sneaky, the method of luring sexual predators using their own game is

  • BFOQ Define BFOQ and List to Which

    BFOQ Define BFOQ and list to which characteristics it applies The bonafide occupational qualification BFOQ is a valid defense against allegations of discrimination where there is a need to hire persons with certain qualifications and traits. Some examples are requirements that engine drivers must not be color blind, could be legal. The general criteria are that without falling to the exceptions selective employment can be given to suit the nature of work.

  • Law and Ethics in the Business Environment

    Law and Ethics in the Business Environment RIGHT FROM WRONG Business Ethics and the Law Business law fixes the minimum standards of behavior for businesses (Bramble, 2013). Enforcing these laws generally consists of fines involved in the exercise of trade and commerce. Criminal accountabilities must be proven in the appropriate court of law through evidence. Even when found culpable, a business can only be fined as a penalty. But business ethics exceeds simple

  • Title VII of the Civil Rights Act of 1964 and Equal Opportunity

    Civil Rights Act of 1964 enforced the Fourteenth Amendment to the Constitution by ensuring a legislative act that would prevent discrimination and extend equal protection under the law. The bill in its entirety protects all Americans, regardless of race, ethnicity, religion, national background, and gender. It was and still is considered to be a landmark bill, in spite of the fact that the Fourteenth Amendment already technically guarantees equal protection

  • CEO Memo U R My Boss VP Xytox

    CEO Memo U.R. My Boss, VP Xytox Corporation C.Y. Ay, Manager HR Compliance RE: Potential HR Issue We have a potential Human Reousrce situation that needs both documented and attention. I am writing with the relevant facts, as well as a recommended course of action. Please let me know if I may provide more information so we may discuss. The situation revolves around our Director of Marketing Research, Art Margulis. Margulis has been with our firm


Read Full Research Paper
Copyright 2016 . All Rights Reserved