These types of insurance against claims of sexual impropriety and harassment are becoming more and more common in light of the established legal precedents defining sexual harassment.
Another way that employers have reacted to sexual harassment is to educate and train employees about what constitutes it. Many employers have created classes, seminars, or even just opened discussion about how sexual harassment is defined by the Supreme Court, as well as taken steps to ensure that employees realize that the court of public opinion is one in which the company may be effected just as harshly. These types of education and training have been demonstrated to improve employee relations and to increase awareness of what behaviors may constitute sexual harassment in the workplace (Antecol and Cobb-Clark, 2003).
From its original prohibition in the Civil Rights Act to recent disputes regarding employer liability for their work environments, the legal status of sexual harassment has evolved and been narrowed, but the overriding principle-that discriminating or altering treatment toward someone based on their gender-has remained the same, and can be seen in the methods used to prevent this type of discrimination by employers today.
Antecol, Heather and Cobb-Clark, Deborah, 2003. "Does Sexual Harassment Training Change Attitudes? A View from the Federal Level,"Social Science Quarterly, 84:4.
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Corn v. Bausch and Lomb, Inc. (390 F. Supp 161, 1977)
Fisher, Anne, 1998. "AFTER ALL THIS TIME, WHY DON'T PEOPLE KNOW WHAT SEXUAL HARASSMENT MEANS? KNOW WHAT SEXUAL HARASSMENT MEANS?," Fortune, 01/12/98, Vol. 137 Issue
Garner, Bryan, ed., 2004. Black's Law Dictionary 8th ed. St. Paul, MN: West Publishing.
Harris V. Forklift Systems, 510 U.S. 17, 1993
Heller, Matthew, 2004. "Employees push legal boundaries in this year's Supreme Court cases," Workforce Management, Jan2004, Vol. 83, Issue 1.
Marquand, Robert, 1998. "HIGH COURT NARROWS HARASSMENT DEBATE," Christian Science Monitor, 3/26/98, Vol. 90 Issue
Meritor Savings Bank v. Vinson, 477 U.S. 57, 1986.
Oracle v. Sundowner Offshore Services (118 S. Ct.…
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
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
At all times, a compliant organization will provide the following to all/each staff/employee: A non-hostile work environment An anonymous and secure system for staff to report sexual harassment/ethical concerns Quick and responsive, unbiased, comprehensive & objective investigation into all claims A safe and courteous atmosphere for our patient population and for our staff An environment void of preferential treatment or discrimination based on gender An environment void of preferential treatment Interim & annual training sessions conducted
Employees have more difficulty identifying this type of harassment and therefore it is more problematic to address (Icenogle, Eagle, Ahmad, & Hanks, 2002). It occurs where an employee endures catcalls and other comments about their manner of dress. If the comments are unwelcomed and incessant, the action of these employees becomes sexual harassment. Another example of this type of behavior also relates to the act of continuously asking a
Sexual Harassment Should a person (employer or employees) be held liable for unintentional sexual harassment? If yes, under what circumstances? If no, under what circumstances? Give examples of particular cases that address both circumstances. Sexual harassment is defined as "any verbal or physical behavior with sexual connotations that brings discomfort or degrades the work environment, where the aggressor takes advantage of his or her position or repeated involvement to impose such behavior
2010). That said, Perry notes that "we know surprisingly little" about whether the training actually creates "positive change"; and given that lack of specific knowledge, the authors present what they call the "best training practices" that are available for HR departments and managers (187). The "best practices" factors that have proven successful in preparing HR professionals in matters of sexual harassment include: a) "Pre-training factors" (an assessment of who needs