Sexual Harassment the Term Sexual Harassment Refers

Sexual Harassment The term sexual harassment refers to unreasonable intrusion into a person's personal space in relation to comments or actions of a sexual nature. There are laws dating back to the 1960s under the Civil Rights Act that target this issue in the workplace. This law was enacted to prohibit this type of behavior at work in addition to providing a framework or guidelines for employers to resolve the issue.

There are several types of harassment considered unlawful and the focus here is to understand and determine how employees can respond to sexual actions in the workplace that create a hostile work environment (Employment Law 2011). There are several circumstances in the workplace where sexual advances or comments are considered inappropriate, unreasonable, even hostile according to Employment and the Law (2011). Comments that repeat innuendo of a sexual nature such as dirty jokes, lewdness or slurs against the opposite or same sex, offending remarks or language that is obscene.

Content in letters and notes, facsimiles, e-mail, graffiti that is of a sexual nature or sexually abusive. Propositions toward another that insult, threaten or are awkward and contain sexual content. Name calling using sexually explicit words that demean and offend another person or persons in the workplace. Intruding another's personal space with romantic advances or persistently causing unwanted attention. Leering making suggestive sexual noises, sounds or gestures such as whistling. Having pornography material in the workplace such as photos, wall calendars, news clips or cartoons.

Circumstances or actions that are considered hostile or pervasive include unwelcome or undesired patting, stroking, massages, fondling, or brushing against another person. Approaching someone to coerce them by putting pressure on them to exchange or give in to a sexual favor. Forced sexual intercourse such as rape or creating a condition or environment requiring sex in order to remain employed. A hostile environment in the workplace contains any of the above situations and result in abuse or harassment that is unlawful.

When this type of behavior is a part of the normal workplace each and every day, this is considered a hostile environment. The behavioral situation could contain consistent comments that are slurs against an ethnicity or culture geared toward a certain race of people. Possibly comments made that slander a person's religious beliefs, age, political affiliation, citizenship, sexual preference, or appearance that continue on an ongoing basis are unreasonable and create a hostile situation. (Volokh 2011).

Some instances where a hostile work environment is evident is a group of men that work in construction site approaching a woman that is working there by touching, brushing aginst, or rubbing her person on a daily basis. When these advances make her uncomfortable or at the point that she is threatened or feels unsafe each day she comes to work, this is a hostile environment.

These actions at this point are creating mental anguish that borders on abuse or a violation of her rights, again this is a hostile environment. Consider an example where a very young and attractive married Hispanic man works as a nurse in a ward where all the other nurses are single women. If a situation exists where they are always teasing him about sex or jokingly asking for sexual favors, touching and stroking him, making sexual suggestions or revealing parts of their bodies.

At the point that the male nurse feels awkward or uncomfortable around the nurses on a daily basis and considers their actions unwelcome, this could be a hostile situation as well. Especially if he feels that job performance is affected by these actions. Social controls that can start actions to stop such behavior in the workplace begins when an employee makes the decision to report the allegations. Usually this is discussed with a manager in the Human Resource (HR) department.

At this point the company has the responsibility to address the issue by following up with an investigation. The HR representative has to record the information that is reported by the person giving the claim according to sexual harassment policies in the HR guidelines. Usually the Human Resource manager has to conduct an inquiry into the facts of the claim. At this point they will have to speak with all parties involved either individually, collectively or both in order to hear each side of the situation.

All of the discussion need to be recorded so that the information is captured and documented about what has happened. This information is then submitted by the HR department to the next step which may be a contact in the executive board of the organization. At which point an outside agency at the government level, for example, the Equal Employment Opportunity Commission (EEOC) or some such state or federal organization may assign an investigator to the case. Though most situations involving sexual harassment may be resolved in-house.

In cases of a hostile environment contacting an outside agency may be a required procedure to report the claim and record it to protect the public and the corporation. When contacting the EEOC, there is a process that the HR representative must follow to submit the information and documentation of the claim. (EEOC. gov, 2011). If guilty the claimant may possibly file for legal action against the company or the offender.

Some options or recommendations for the HR department or manager if the allegations are proved valid are to give an verbal warning to the offending party requesting that they discontinue the sexual harassment toward the person making the claim. The manager can also hold back a planned promotion or opportunity for advancement as a type of punishment for violating the company policy in this area (Marmorstein, 2009). During the next cycle of salary increase, this individual could lose the possibility of receiving a rate increase.

If the person identified as the offending party in the claim is guilty they could be demoted from a position such as a supervisor or manager (Marmorstein, 2009). In cases where a person with power or authority in the workplace attempted to force an employee to participate in sexual acts to keep their job or earn a promotion. A manager could also require the offender to receive a reduction in pay or pay scale.

The manager could request that one of the participants in the claim be transferred to another location or department. In extreme cases the party or parties involved could lose their employment status for a temporary or permanent period of time according to the U.S. Department of Labor (USDOT, 2011). Conclusion This report is an attempt to explain what and how to respond to instances of sexual harassment of a hostile nature. The person feeling.