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The more common tactic of 'performance management' is more subtle and much more difficult to prove. (2008).
An employee whose job performance was previously considered acceptable will begin to receive less favorable reviews and impossible tasks and goals to further ensure failure.
The employee then has the option of using the "Open Door," but is already known as a whistleblower and due to decreasing performance reviews is not likely to be regarded as wholly credible in his or her complaints.
Unfortunately, this ruling by the Supreme Court that is designed to offer employees more protection may in fact only enforce the tried and true 'performance management' tactic of eliminating employees with courage enough to speak out against harassment. In an economic era of job cutting, self preservation instincts are stronger than ever and it is doubtful we will see an immediate increase in reported abuses as predicted by the Court.
Only after the country's economy has turned around and the news is no longer led by massive layoffs should we expect to see employees trust the additional protection offered by the Crawford decision.
Recent research shows that workplace bullying is thought to be more harmful than sexual harassment. Sexual harassment is simply a specialized version of bullying, that harassers are bullies at the most basic level. The time differentials involved do not offer hope of prompt solutions to these problems.
Workplace bullying worse than sexual harassment: Study.
Retrieved January 26, 2009, from Reuters.
Web site: http://www.reuters.com/article/lifestyleMolt/idUSN0622290520080310
Davis, B.,Dvorak, P. And Radnofsky, L. (2008) Firms confront boss-subordinate love affairs. Retrieved January 26, 2009, from the Wall Street Journal.
Web site: http://online.wsj.com/article/SB122486400199366913.html
Liptak, a. (2009) Courts expands ability to sue in sexual harassment investigations.
Retrieved January 27, 2009, from New York Times.
Web site: http://www.nytimes.com/2009/01/27/Washington/27scotus.
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U.S. Equal Employment Opportunity Commission. (2008) Discrimination by type:
facts and guidance.
Retrieved January 27, 2009, from the U.S. Equal Employment Opportunity Commission.
Web site: http://www.eeoc.gov/types/sexual_harassment.html
References
Armstrong, N. (2008).
Workplace bullying worse than sexual harassment: Study.
Retrieved January 26, 2009, from Reuters.
Web site: http://www.reuters.com/article/lifestyleMolt/idUSN0622290520080310
Web site: http://online.wsj.com/article/SB122486400199366913.html
Web site: http://www.nytimes.com/2009/01/27/Washington/27scotus.
Web site: http://www.eeoc.gov/types/sexual_harassment.html
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
Sexual Harassment It is important to note that apart from serving as a centre for economic gains, the workplace also serves as a second home as well as a critical social network. Just like any other social network, the workplace also tends to have a distinctive culture which in some cases could be a field of gender-biased traditional beliefs. It is these gender-biased traditional beliefs that at times expose individuals (typically
3) Implement formal and informal problem solving mechanisms, grievance procedures, investigative measures, and disciplinary procedures to resolve sexual harassment complaints. 4) at least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment and review your complaint procedure and encourage employees to use it. 5) at least once a year, conduct training
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
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