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 essay will discuss sexual harassment and also the characteristics that go along with it
What is Sexual Harassment?
Sexual harassment can be describes as any unwanted or unwelcome kindness either by talking or touching to a person that is reasonable is way that is inappropriate. This word sometimes encompasses to comprise of gender harassment, harassment based on sexual orientation, and also sexual abuse (Kantrowitz, 2005). If the victim does not show any type of expression, then it cannot be called…… [Read More]
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 on another individual against his/her will, causing disadvantage to the individual."
Sexual harassment includes any unwelcome, unsolicited and non-reciprocated behavior that constitutes deliberate or unintentional verbal or physical conduct of a sexual nature (Gibson, 1995). Sexual harassment may be an isolated incident or a series of many incidents. The distress that results from sexual harassment may be the same whether the conduct was intentional or unintentional. Therefore, both employers and employees should be held liable for both intentional…… [Read More]
Sexual harassment in the workplace is a widespread problem and a serious issue not only because of moral and ethical violations but also because of legal repercussions involved. While the issue is serious and attention is being paid to curtail it, there still remain some ambiguities due to which it is not easy to determine what actually constitutes sexual harassment. For one, we must understand that sexual harassment is not the same thing as friendly pat on the shoulder or a casual peck on the cheek; it has been to something uncalled for and violating our personal boundaries for it to qualify as harassment. Over the years, so much has been said about sexual harassment that male colleagues in the workplace may feel threatened and may even be wrongfully accused of harassing female colleagues when they were only trying to be friendly.
In the case of Peggy, we need to…… [Read More]
Sexual Harassment: How I Learned to Drive
"Driving is easy. Just remember. Break pedal. Gas pedal. And go."
Sara turned the key in the ignition and suddenly the car sprung to life. She couldn't believe it. Was she really driving? All of her life, while living in Saudi Arabia, driving meant sitting in the back seat, being taken somewhere by someone else. Learning to drive was a male rite of passage, like growing a beard. But driving in America was taken for granted. Even little old ladies who drove with their knobby knuckles clutching the wheel drove to the store. You could not get anywhere in America without driving. So Sara would have to learn to drive, while she was a student in this new country.
Sara was not her real name. However, because Ben could not pronounce her full Arabic name, he called her Sara. Sara did not object.…… [Read More]
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…… [Read More]
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 non-heterosexuals and women) to both marginalization as well as abuse where such individuals are more often than not viewed as sexual objects in addition to being regarded as inferior. In this text, I concern myself with workplace sexual harassment.
According to Konrad, sexual harassment is essentially sexual attention that is largely unwarranted. In this case, the sexual harasser should be aware that such attention is unwanted (54). Apart from sexual harassment being an offense under the law, most states…… [Read More]
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 by the ethics committee for each employee to assess knowledge and judgement in possible sexual harassment situations.
A human resources staff with specialists in sexual harassment emotional support
Security personnel with investigative training in sexual harassment procedure
An in-house syndicate dedicated to preventing further cases of sexual harassment
As an organization, each staff member, and each employee must read, comprehend, and acknowledge the following ethical behavioural model for expected behaviour while at the workplace.…… [Read More]
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 colleague out on dates or giving personal gifts. The key elements here, the behavior or action must be continuous, unwanted, and powerful enough to transform the work environment into a hostile place.
Once those elements are present, there is a case of hostile work environment sexual harassment. However, if the individual does not feel harassed by the behavior then it is not considered as harassment. Since a component of harassment involves the individual finding, the act unwelcomed. The company's policies provide…… [Read More]
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).
This report has summarized the legal definitions of sexual harassment and the current legal treatment of this behavior. From its original prohibition in the…… [Read More]
Sexual Harassment in the Military
Sexual harassment is a significant issue in the military. Sexual harassment is also a complicated issue in the military. In most workplaces, the major concern in regards to sexual harassment relates to women being harassed by males or by a male-oriented environment. In the military, sexual harassment also extends to include the sexual harassment of homosexual males and the sexual harassment of homosexual females. A look at the military reveals that all of these types of sexual harassment occur, that the sexual harassment occurring is significant and serious, and that the sexual harassment has its basis in the culture of the military, which has ingrained ideas about men, women, and sexuality. Each of these types of sexual harassment will now be considered in turn, with this illustrating the nature, the extent, and the reasons behind sexual harassment in the military.
There is a strong level…… [Read More]
Sexual Harassment in Hospitals
Existence of sexual harassment in the hospital setup in its varied forms has been clearly confirmed by exhaustive studies. It is unfortunate that such insidious practices have invaded the serene hospital environment. Sexual harassment, in whatever form it exists, must be rooted out and this demands immediate attention and positive intervention from the human resource professionals.
Sexual harassment has of late become a matter of serious concern for human resource professionals in any corporate environment. The hospice environment in particular has a high incidence of sexual harassment and unprofessional exploitation. Recent researches conducted worldwide have revealed that the healthcare sector is one area where there is an increasing prevalence of sexual harassment and doctors, nurses and the patients have all been vulnerable and victimized. In most cases hospital management lend a deaf ear to this growing menace, which only worsens the scenario. A discussion on the…… [Read More]
Sexual Harassment: An Examination
Given the media and given the average citizen's level of misinformation, it's not at all uncommon for myths and unrealities to continue to thrive regarding sexual harassment. Sexual harassment is a form of discrimination and a negative interaction which is in violation of the Civil ights Act of 1964. Sexual harassment is illegal in the workplace and refers to "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment" (eeoc.gov, 2014). One of the myths that prevails most strongly about sexual harassment is that it only occurs to specific people in specific circumstances. The reality is that sexual harassment is actually far more encompassing. The victims of sexual harassment can…… [Read More]
" (Columbia University, nd) a written decision will be submitted by the Appeal Officer within thirty (30) working days following the receipt of the appeal. Disciplinary actions will be stated within thirty working days following the receipt of the report of the investigator. The organization may, at its discretion conduct an independent review of the alleged sexual harassment.
Training Programs for Eliminating Sexual Harassment in the Workplace
Carl Rogers identified 'accurate empathy...nearly 50 years ago...as one of the three necessary and sufficient facilitative core conditions for therapeutic change..." (Farrow and Woodruff, 2007) Giving the appearance of being 'empathic' is quite different from actual 'empathic accuracy of clinicians and counselors is related to successful therapy outcomes." Ickes (2003) suggested "the most general implications involve ways to improve the selection and training of psychotherapists." (Farrow and Woodruff, 2007) Study findings have demonstrated that feedback assists individuals in development more "accurate empathic inferences."…… [Read More]
An appropriate school administrator to report the harassment to could "be a teacher, principal, faculty member, administrator, campus security officer, affirmative action officer, staff in the office of student affairs or the school's Title IX coordinator" ("ED/OCR:" Sexual Harassment: It's Not Academic, 2005, U.S. Department of Education). Depending on the nature and the severity of the offense, the school can act against the harassing student after conducting an investigation, or merely make note of the complaint and follow up if there are further allegations and complications.
If nothing happens after complaining to school officials," despite his or her belief that he or she is being harassed a student and his or her parents "can file a complaint against the school with the U.S. Department of Education's Office of Civil Rights (OCR)...within 180 days of an act of discrimination" ("ERA: Sexual Harassment in Schools," 2007, Equal Rights Advocates). A student can…… [Read More]
It is no longer acceptable to just pretend that there isn't a problem and hope that it all goes away (Cooper, Golden, & Kent-Ferraro, 2002, 164).
The problem of sexual harassment in the workplace is not a new problem and will continue to be a problem for some time to come. And not only is it a problem that has been around for a while it is expanding to include the internet as well. This makes the problem even more accessible at work and thus a more important topic for employers to address. Having a well thought out educational program that is supported by the company's EAP is the best way to hopefully prevent and if necessary deal with any problems that arise. Employees that have been educated can then be held responsible for their actions in the workplace. The key is to define for the employees what is acceptable…… [Read More]
The employee will not necessarily be required to show a loss of advancement, retaliation, loss of income, or stress as they once did under 'quid pro quo' and hostile-environment. They will need to show that the nature of the sexual content they experienced caused them to experience discrimination" ("Sexual Harassment and Discrimination," 2007, Employer-Employee.com).
The Supreme Court created a two-part test to be used by employers in defending themselves against a sexual harassment lawsuit. Firstly, "the employer needs to show that they took reasonable care to prevent and correct any sexual harassment behavior within their workplace," and "the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer" ("Sexual Harassment and Discrimination," 2007, Employer-Employee.com). To reduce the chance that the company will not be found complicit, the company should immediately conduct an investigation of Bob's behavior, and document all of the results of the…… [Read More]
Sexual Harassment Case Studies
Mitsubishi Motors Manufacturing
A class action lawsuit was filed in a federal court in Illinois by the U.S. Equal Employment Opportunities Commission against Mitsubishi Motor Manufacturing of America Inc., a subsidiary of Mitsubishi Motors Corp., in April of 1996 (BHC 2009). The suit listed an extensive list of sexual harassment incidents affecting more than 300 women working at a manufacturing facility in Normal, Illinois, including subjection to fondling, exposure to pornographic pictures, and the denial of earned promotions on the basis of refusing to perform sexual favors (BHC 2009). The suit ended with an award of $34 million paid by MMMA and the adoption of a zero tolerance towards sexual harassment by the company, which itself is subject to review by an independent board (BHC 2009).
Two separate cases, later consolidated, were filed against the University of Colorado by women who alleged that they were sexually…… [Read More]
Construction of survey and questionnaire to conduct a study of a specific segment of police officers at the local level. Such questions (as examples below suggest) will ask the following and remain confidential: (1) ere they provided with appropriate training? (2) How do they feel when faced with such situations? (3) Have they been provided with counseling? (4) Have they witnessed such a situation and if so with who? (5) hat factors instigated the situation? (6) Is it a matter of power? (7) hat changes can be made to department policy from such situations happening in the future?
Another survey that can be carried out would be a survey of the public and how such behaviors change their perception of safety and the law.
4. Empirical Results and Analysis
This section will analyze and present the results of the surveyed information and provide insight into what can be done for…… [Read More]
Sexual Harassment on the Job
Sexual harassment in offices and also in educational environment makes an atmosphere, which degrades individuals and puts a depressing influence on personal actions and efficiencies and output of the organization and self-esteem of the establishment as well. Since public opinion to this touchy problem has lately been sharp, a lot of uncertainty continues to be present, regarding the appropriateness of the very action, as also the methodologies suitable for combating with the dilemma. egardless of the extensive media hype concerning the dangers of harassment in workplaces, reviews exhibit that a lot of American companies have not dealt with the quandary as yet.
Even though companies are aware of its occurrences, they seem to be hesitant about the course of action. Due to this, the shadow of accountability of the boss for sexual harassment persists to impend in the companies. Lapses on this score…… [Read More]
Sexual Harassment in the Workplace
Sexual harassment in the work place forms an atmosphere that degrades people and has a depressing influence on individual functioning and efficiency as well as organizational efficiency and unit morale. There is much mystification as to what accurately represents sexual harassment and about modalities suitable for dealing with the problem, as sympathy to this complex problem has been heightened of late. It is obligatory on the part of the employers, organizations, and institutions to speak for all their people, male and female, and give instruction and help to ease the abolition of this vicious deed. The workplaces must be conscious of the occurrence of the problem and must have action plans. (Committee on Pediatric Workforce -- Subcommittee on Women in Pediatrics, p. 1498)
In the present days' society, sexual harassment continued to be a persistent problem. Sexual harassment in offices and also in educational environment…… [Read More]
A short list of inappropriate places would include the buttocks, the legs, or the chest, but could be expanded to include anywhere other than the arm or the shoulder. A second offense, or any harassing of the waitress or manager because of the warning, would eject in the patron being ejected from the cocktail lounge. In the case of a lounge patron who was also a hotel guest, the guest would be barred from re-entering the lounge during his or her stay.
Furthermore, while it would be impossible for a hospitality manager to try to prevent flirting by the customers, the fact is that some behavior is obviously inappropriate. Workers in any other industry would not be expected to put up with over sexual offers or demands, and cocktail waitresses should not be faced with that type of behavior, either. In fact, to permit patrons to treat waitresses in that…… [Read More]
The apparently unfounded accusations of embezzlement against Crawford appear to have been the telling difference for this recent ruling.
The more common tactic of 'performance management' is more subtle and much more difficult to prove.
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…… [Read More]
Leaders in the military assess and develop a strong ethical climate in their organizations by using “evidence-based developmental programs on individual character and moral development” and by using “empirically validated research instruments to assess ethical climates,” as Allen (2015) notes. One important ethical issue currently facing the Army is the problem of sexual harassment. This paper will illustrate the root cause of sexual harassment, its impact on the force, and present a solution for addressing the root cause.
What is at the Root of Sexual Harassment
Sexual harassment stems from an inappropriate regard for opposite sex. It can be demonstrated by both men and women, though it is more common for it to be shown by men towards women (Gore, Williams & Ghosh-Dastidar, 2015). However, now that women share a more prominent role in the military alongside men, the problem of sexual harassment has increased, and Bennett (2017) points…… [Read More]
Amanda is a 27-year-old female who works as a customer service representative in a local call center. She is married and has a two-year-old daughter. Amanda came in seeking help as a result of an awareness that some of the men at her workplace may have crossed the line when it comes to the treatment of women. This is the only place she has ever worked and thought these behaviors were normal until the #MeToo movement brought it to her attention that their behavior is more than just the corporate culture.
When Amanda thought about it, she realized that she was being sexually harassed, and possibly even singled out by males in her work environment. She does not feel comfortable talking about this issue with human resources or her current supervisor, because her supervisor is one of the perpetrators. She fears that complaining at work will have repercussions and…… [Read More]
#MeToo in the Workplace
With the downfall of movie mogul Harvey Weinstein and the fall from grace of several other prominent persons in media and entertainment, business and government— from Charlie Rose to to Matt Lauer to Rep. Patrick Meehan to Les Moonves to Kevin Spacey—a veritable slew of names and stories has appeared, propelling the #MeToo Movement into existence (Glamour). However, some have questioned whether the #MeToo Movement has run into a wall and lost steam just when it looked like it might usher in real change on the heels of so much awareness being raised (Tchen). The question this paper asks is: Has the #MeToo movement changed the way corporations address sexual harassment in the workplace? The answer is that, yes, in some ways it has changed the way corporations address sexual harassment in the workplace—at least in high-profile cases wherein companies want to distance themselves from any…… [Read More]
IRAC: Stoll v. Runyon
Cynthia Stoll was subjected to both quid pro quo sexual harassment and a hostile workplace environment at the Sacramento Post Office. In recognition of the psychological and physical trauma she had experienced, Stoll requested “back pay with interest and front pay until her normal retirement age, as well as the payment of her attorney's fees” (Stoll v. Runyon, p.1241). The Post Office refused to award front pay.
Stoll contended she was eligible for disability benefits due to the fact her psychological disturbances were trigged by her harassment.
The Office of Federal Operations (OFO) and the US Post Office both refused to award front pay, given that Stoll had been so psychologically debilitated by her experience she might not work again and argued that front pay in this instance would be tantamount to compensatory damages which were barred under…… [Read More]
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 sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints.
6) Monitor your work environment by talking to employees and inspecting the workplace for offensive material
7) Take all complains seriously. Immediately investigate complains and respond to all valid threats.
8) Assess the work environment for sexual harassment awareness by surveying employees and union members.
9) Hire human…… [Read More]
Sexual harassment is a dangerous weed which needs to be rooted out from our society. This malady threatens our fundamental constitutional basis of freedom and equality for all. Implementing a good sexual harassment policy at the organizational level and strict enforcement of punishments for offenders is the rightful solution to the problem.
Sexual harassment has assumed huge proportions and is an omnipresent problem raising its hood in all social and professional domains. Women, being the weaker sex are the most affected by this social evil and all the positive achievements of the women's liberation movement have been spoilt by this malady. Gender discrimination continues to haunt us and at every level and it has cast a doubt on the general notion of America as a nation of liberty and gender equality. The corporate sector is no more a secure place for women, with sexual harassment cases getting revealed one by…… [Read More]
This must be done with care so that the accused offender does not attempt to take retaliatory action against the accuser. The Goforth article discusses how the Equal Employment Opportunity Commission and the Ohio Civil Rights Commission use outreach programs to show business leaders how a proactive approach to sexual harassment issues can prevent lawsuits, protect bottom lines and preserve reputations. The article recommends that employers must take an active role in creating an atmosphere in which employees like to come to work. Sexual harassment in this case must be addressed on a personal level with employees, to put the challenge out in the open.
A third suggestion of how to deal with sexual harassment in the workplace is mentioned in Elliot's article. Elliot suggestions that all employers should implement and strictly enforce a sexual harassment policy, and he offers a list of items that any good policy must include.…… [Read More]
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 the training; how will the training take place; and what will the content be); b) "Training Design and Delivery Factors" (this is an area where there is no one good answer; in some situations "passive" methods might be best and in other situations "experiential" methods might be better); and c) "Post-training Factors" (once learning has taken place, thee needs to be "reinforcement" to keep trainees motivated to use what they learned during the training exercises (Perry, 190).
Meanwhile, Canada certainly…… [Read More]
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 ights 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…… [Read More]
Given the context and the fact that being a convicted criminal and a sex offender could conceivably make the risk of any type of abuse (whether or not of a sexual nature) foreseeable, that defense is unlikely to succeed. However, generally, the knowledge of one Board member who does not disclose that knowledge to the Board will not be imputed to the rest of the Board. In any case, that issue is unlikely to matter because of the school's liability in negligence even without knowledge.
Question # 3
As previously discussed, the school is likely to be found liable to Anna for Title VII discrimination by virtue of her age because it allowed Forester to create a hostile work environment by failing to discipline either Forester or DuFrane, the other male teacher who made the hostile statement. The school will argue that even under those facts, the severity and extent…… [Read More]
Anderson, Sherwood. (1919). inesburg, Ohio. New York: B.. Huebsch. Bartleby.com, 1999. 8 Jan. 2008 www.bartleby.com/156/.
Dragan, Edward F. "Setting Boundaries for Sexual Harassment." School Administrator Dec. 2006: 53. Questia. 7 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5019026469.
Duffy, Jim, Stacey areham, and Margaret alsh. "Psychological Consequences for High School Students of Having Been Sexually Harassed." Sex Roles: A Journal of Research 50.11-12 (2004): 811+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5008171353.
Lucero, Margaret a., Robert E. Allen, and Karen L. Middleton. "Sexual Harassers: Behaviors, Motives, and Change over Time." Sex Roles: A Journal of Research (2006): 331+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5022552162.
Packman, Jill, illiam J. Lepkowski, Christian C. Overton, and Marlowe Smaby. "e're Not Gonna Take it: A Student Driven Anti-Bullying Approach." Education 125.4 (2005): 546+. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5009846899.
"Parents Should Speak Up about School Problems." The Register-Guard (Eugene, or) 5 Nov. 2007: A9. Questia. 8 Jan. 2008 http://www.questia.com/PM.qst?a=o&d=5023891271.
Secondary School."…… [Read More]
Sexual harassment is one of the most common forms of gender-based discrimination that has spread in the recent past despite its impact on victims with regards to depriving them equality and dignity. Generally, sexual harassment involves sexual discrimination that infringes civil rights through unwanted sexual advances, verbal or physical sexual conduct, and requests for sexual favors in a manner that affects a person's work performance or social relations. The victims of this form of gender-discrimination and crime usually feel powerless and have low self-esteem because its most common injuries are emotional. The prevalence of this crime is evident in its current spread in the education environment as well as other workplaces.
Actions Constituting Sexual Harassment in the Education Environment
Given its current spread, sexual harassment has become common in the modern education environment. Similar to other workplaces, sexual harassment in the education environment occurs between teachers and their employers. However,…… [Read More]
The author of this report has been asked to assess and review an article that is related to the subject matter in the class text for this class. The topics that are there to be chosen from include regulation of employment, the employee/employer relationship, the Civil ights Act/Title VII, affirmative action, race, gender, sexual harassment and affinity orientation. The author of this report shall focus on sexual harassment. While the ubiquity of sexual harassment training and enforcement of laws (not to mention lawsuits) relating to the same would seem to reduce the practice by offenders, sexual harassment is apparently still alive and well.
As described by the class text, sexual harassment is basically any behavior, action or condition that is sexualized in nature and that leads to a person being sexually threatened, denigrated or made uncomfortable. Examples of sexual harassment would include having a picture of a bikini-clad…… [Read More]
Welsh (1999) examines sexual harassment from a gender perspective and concludes that sexual harassment may be contextualized by both 'organizational and individual factors" and that gender examination is primary to the study of sexual harassment; further she claims there is no unified theoretical framework that can help explain the occurrence of sexual harassment (169).
Many studies have concluded that sexual harassment lowers morale, increases absenteeism, decreases overall job satisfaction and individual's perceptions of opportunity within the organization as well as damages interpersonal relationships (Welsh, 1999; Gruber 1992). In addition sexual harassment can have psychological and health consequences on people including nausea, stress and headaches which can impact an individual's personal and work life (Welsh, 1999). There are even studies that link frequent occurrences of sexual harassment to long-term illnesses including post traumatic stress disorders (Welsh, 1999).
Sexual harassment thus has the ability to not only affect work related outcomes but…… [Read More]
). This is especially true since American men and women tend to hold dramatically different views concerning what types of behaviors equate to sexual harassment, making the management of this issue even more challenging (Elkins et al.). There remains a lack of research, though, concerning what types of actions are most effective in reducing the number of sexual harassment claims in the workplace, as well as how employees actually feel about organizations that take actions against sexual harassers.
In this environment, it is not surprising that the number of sexual harassment claims continues to grow and that the awards being assigned to victims of sexual harassment continue to increase. There is simply no room in the American workplace for behaviors that discriminate against individuals based on gender or race or religion, of course, but the fact that there are some important biological differences involved in sexual harassment cases indicates that…… [Read More]
Janove (2001) does point out that there are many victims of sexual harassment in the workplace, but that often those most affected tend to keep quite, or attempt to avoid their harassers altogether when possible.
In a case study the author points out that some managers still fail to take action against supervisors or managers that may be engaging in sexually harassing behaviors, in part because they may be engaging in similar behaviors themselves. This was shown to be more often the case in a male dominated work environment that one that was more gender neutral.
Silence according to the author does not indicate a lack of knowledge regarding H law or sexual harassment issues, but rather suggests that many employees have expressed a desire to avoid conflict rather than face the consequences of coming forth against harassers.
The author cites a study reported by Joan Kennedy Taylor in "What…… [Read More]
real issue facing employees and the companies they work for, the topic of sexual harassment plagues courts and policy makers. The problem often rests with the definition: what constitutes sexual harassment? Sometimes innocent innuendo is mistaken for hostility. In the modern working environment, such hyperawareness proves unproductive. As Anne B. Fisher states in her article, "Sexual Harassment: What to Do?" "For all the seriousness of the issue, it would be a great pity if men and women got to the point of giving up on workplace friendships altogether...It will be a sad day, if it ever comes, when people are too nervous to ask a pal out for a drink," (p. 293). These sentiments are shared by Kingsley R. Browne in his exposition, "Title VII as Censorship: Hostile-Environment Harassment and the First Amendment." Drawing on legal precedent, Browne testifies about the thin line that exists today between free speech and…… [Read More]
The company should then establish clear procedures with regard to reporting of cases and the way they are handled, this can be done by establishing a competent body to handle this issue. The last step is enforcement of the policy, when all this is done then the policies will help safeguard the employees and at the same time reducing on company liabilities since there will be few cases to handle.
Who should be responsible?
Most companies have handed over the responsibility of protecting employees against sexual harassment to the employees themselves claiming that it is them who allow it to happen. Similarly, many individuals have raised the same argument and made recommendations supporting such a move. This should not be the case and is actually one of the factors that have led to the widespread of this vice. Matters are made worse when individuals are given the task of collecting…… [Read More]
The Impact of Workplace Sexual Harassment on Employees and Employers
Sexual Harassment (SH) is a subject that has made its way into the normative, professional lexicon. SH used to be a topic that was not taken seriously because it was a part of the workplace environment that was normal and was not subject to punitive consequences, though there are occasions that are exceptions to the rule. SH is a subject that must be taken seriously by every employee or member of an organization. SH is a subject that must be taken seriously on the individual level and on the organizational level. SH directly affects fundamental aspects of a place of employment, no matter the industry. Prevalent, pervasive, and even sporadic SH in the workplace serves as a destructive force from within and from without.
There is no workplace environment that exists that will never have one instance of SH.…… [Read More]
Employer Liability for Sexual Harassment
The judge's decision was appropriate for this case because it was proven that Ms. Darcy did sufficiently state the facts in the case. It was proven that Clarence was a supervisor, that there was sexual harassment, and it was a hostile work environment. The lewd remarks and having to constantly touch Ms. Darcy was not isolated events and was not just a few times, constituting the fact that it was on a continual basis. Talking to his supervisors about it brought no results.
The environment was a hostile workplace in the respects it was continual, it was more than a reasonable women would have accepted, and the demotion shows retaliation from the company in the end. It shows hostility in respects of Clarence following her up and down the line and stopping her in the hall to say lewd remarks to her. Other company employees…… [Read More]
sexual harassment in the workplace. The writer discusses how it happens, and what can be done to stop or prevent it. The writer used four sources to complete this paper.
During the last several decades' women have entered the workforce by the millions. The entrance of females to what used to be male dominated setting has brought fresh ideas, new perspectives and other positive attributes to every field. In addition the problem of sexual harassment has moved to the limelight as more cases are heard. Sexual harassment has been a problem since the beginning of working for wages. Historically there have been cases of female workers being harassed by male superior of fellow employees and there have also been occasional charges about male employees being harassed as well. Sexual harassment has been around as long as the workforce has but it was not until the middle 1960's that it became…… [Read More]
Personal incident that I witnessed at work was a case of sexual harassment on the part of one employee towards another. The behavior was ethically questionable at best and the incident was in line with ethical issues regarding sexual harassment in the workplace. This paper will describe the incident, define the ethical issues inherent in the incident, and discuss the ethical principles associated with the behavior.
I was working in a library when I witnessed a male employee sexually harass a female employee in the library's stacks. He was commenting on her choice of a top and telling her lewdly that he could see part of her anatomy through the top. He was not doing this in a sensitive manner but rather in a suggestive manner and even in a hostile way that I found to be aggressive. It was obvious that he was hurting the feelings of the girl…… [Read More]
The author of this report has been asked to conduct an interview with a human resources professional. As part of this interview, there will be a presentation of the scenario with Tim and his actions towards his coworkers. In this report will be a summary of what was learned from the interview, the recommendations that the interviewee made regarding the situation, how the information learned from the interview could and should be applied given the legal implications and whether the interviewer (the author of this report) now feels prepared to address Tom's behavior. There will also be a listing of the interview question that were used for this process and a reflection on how everything when down. While Tom may or may not mean to incendiary in his comments, he needs to be stopped and the company itself could be held liable if they do not do so…… [Read More]
Sexual Harassment Charges
The chair of the kinesiology department at a college or university confronted with a sexual harassment charge from a student concerning the inappropriate touching of a breast by a male instructor during weight training instruction and who now refuses to return to class will need to understand the legal definition of sexual harassment and relevant precedential case laws to provide an appropriate organizational response. To this end, this paper reviews the literature to provide a definition of sexual harassment, when it was implemented into law in the United States, and an analysis of selected sexual harassment cases including their validity. Finally, a recommendation for the college or university, a summary of the research and important findings concerning sexual harassment cases are presented in the conclusion.
Review and Analysis
According to the legal definition provided by Black's Law Dictionary, sexual harassment is "a type of employment discrimination [which]…… [Read More]
GE commits itself to active achievement of diversity for enhancing the firm's performance through recognition and utilization of the diverse talents and skills of its directors, managers, and staff members. Diversity encompasses recognizing and appreciating the unique inputs of different members of an organization, owing to their different backgrounds, skill sets, viewpoints, and experiences, including individuals with concomitant domestic responsibilities. GE cherishes the differences among its workforce, as well as their contribution to the organization. GE further commits itself to abolition of discrimination and supporting diversity among its staff members. The company's aim is making its workforce a true representative of every societal group, and making every employee feel valued and capable of contributing their best.
Thus, the goal of this diversity policy is providing fairness and equality to all employees of the company, and not discriminating against anyone on the basis of gender, race, color, religion, marital…… [Read More]
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)
Type of Action
The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).
Facts of the Case
Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…… [Read More]
Effects Of Sexual Harrassment In The Workplace
The problems of sexual harassment cases are prevalent in almost all of the companies. In today's workplace, incidents of sexual harassment have become common. It is not unusual that a majority of companies in America are facing countless suits on sexual harassments. While many companies have addressed the problem of sexual harassment at the organizational level with policy statements and other memos, management has not paid the real attention on lowering the number of sexual harassment in the workplace. The main problem occurs, as it is not clear what is a right conduct and what is a wrong conduct in case of the sexual harassment situation.
DEVELOPMENT OF PARAGRAPHS
Title VII of the Civil Rights Act of 1964 makes sexual harassment illegal, considering it to be a form of sexual discrimination. The statute, however, does not cover what kind of behavior…… [Read More]
orkplace Sexual Harassment: A Legal and Psychological Overview
orkplace Sexual Harassment, as delineated in the text by Anne C. Levy, & Michele A. Paludi (2001) is a complex issue, marrying human psychology and human sexual and cultural assumptions with the daily demands of the business environment, an environment that can be stressful for everyone where personal relations are concerned. This is why Part I of the text explains not only the American legal system regarding sexual harassment and employment law. It also looks at sexual harassment from a psychological perspective, how women have been perceived in the modern, American workplace. The two perspectives are married in many legal instances. For instance, in terms of setting what the courts have variously considered harassment, the courts have eventually evolved what is called a 'reasonable person' standard as to what constitutes harassment. This has changed and evolved, however, as cultural norms…… [Read More]
Countless men are losing their jobs and families because of erroneous claims of sexual harassment. Nowadays, women press charges of sexual harassment in the workplace without taking responsibility for the way they act, speak, and dress. However, when deciding sexual harassment cases, judges and juries take into account the complainant's dress because it is a factor in determining guilt. Charging a man with sexual harassment because he made a pass at a woman in a tight blouse and a mini skirt is like convicting him for being alive. Heterosexual men are attracted to women and are generally expected to take the initiative in a new relationship. omen, on the other hand, do not act with honesty and integrity when they show up to work in skimpy outfits. Dressing provocatively sends a message about sexuality; women dress to express themselves. omen wear skimpy clothing mainly to attract attention, to…… [Read More]
Civil ights and Sexual Harassment in Criminal Justice
Sexual harassment forms a critical issue affecting almost all the organizations in the current organizational environment. Among the organizations affected, include the criminal justice organizations held with the responsibility of ensuring equal treatment of individuals in the society and different organizations. Employees working in the criminal justice organizations are highly vulnerable to sexual harassment from their supervisors and coworkers. While many people consider sexual harassment as the forcing an individual into a nonconsensual sexual act, other behaviors displaying sexually implicit photographs, posters and magazines are forms of sexual harassment in the workplace. It is highly recognizable that irrespective of the measures adopted to curb the vice such as protection of the employees and members of the society by the constitution, the cases of sexual harassment in the workplace continue to rise (Collins & Vaughn, 2004).
Sexual harassment affects one's ability to perform…… [Read More]
Just like with other forms of sexual assault, sexual harassment brings a set of impacts and consequences such as having physical effects, emotional effects, job and school related effects and current and future financial penalties. Harassment also has harmful costs on the environment that victims are in and can lead to an aggressive and less productive work and school surroundings. It costs businesses and schools due to the damaged morale, lawsuits and absenteeism that occur because of it. It permits for the degradation of women and men and the continuation of gender inequalities (Anderson, 2006).
The psychological brunt on the victim of sexual harassment can be huge. Understanding the psychological effects of harassment is difficult because very often the victim's reactions are masked or minimized. Sexual harassment has negative impacts on the victim, often reporting that they are distracted during the day and do not perform to their potential. They…… [Read More]
The ADA does not specifically name all of the impairments that are covered. Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated…… [Read More]
Males of all ages routinely misrepresent their intentions with the specific hope of obtaining sexual consent from prospective female partners: typically, they feign sincerely romantic interest when their interest in the particular woman is strictly physical.
Instead of respecting how important many women consider an emotional connection as a prerequisite for sexuality, men disregard the very social mores they purport to value in their legitimate romantic interests (and for any females in their families) to exploit any conceivable opportunity to obtain sexual consent for their selfish purposes. Perhaps the most offensive element of this social dynamic is, precisely, that the same men prize chastity and even virginity in women as an ideal for their eventual life partners (Verene, p. 301).
What is most unfortunate and ironic about this situation is that to whatever degree moral rules apply to sexual conduct, they are violated much more by the duplicitous conduct typical…… [Read More]
sexual harassment, and discuss aspects like defenses, judge ruling basis, cause of action, and employee's and employer's civil liability. Both discrimination and employee laws will be applied here.
Sexual Harassment Background Information
The issue of sexual harassment at workplaces poses an ethical problem, with around 50% of all women employees experiencing it during some point of time at their workplace; the effects of sexual harassment on people are always negative, and harmful (Bimrose, 2004). Thus, career guidance has a significant role to play in preparing and supporting working women, who may have already faced, or are currently, facing sexual harassment at work. ecent studies on workplace-related gender inequalities have recommended combating of stereotyping by urging women to take up non-traditional vocational training, education, and jobs.
Though the above solution is pertinent, the problem of workplace sexual harassment is not accorded due recognition. There are several reasons for this; the foremost…… [Read More]
Women in the military reported being sexually harassed at six times the rate of civilian women, and reported being sexually assaulted at more than twice the rate of civilian women. Moreover, women in the military seem even more hesitant than civilian women to report sexual assault or sexual harassment. Civilian women were almost three times as likely to report sexual harassment as women in the military. Moreover, while both civilian women and military women failed to report an alarming percentage of sexual assaults, civilian women were more than three times as likely to report those assaults than military women.
While this survey makes it clear that women in the military are at greater risk of sexual assault and sexual harassment than civilian women, it does not explain why the women are at risk. Future studies should look at the impact of race and socioeconomic status on those issues, because it…… [Read More]
aragher v. City of Boca Raton
Argued March 25, 1998
Decided June 26, 1998
Beth Ann aragher: petitioner; City of Boca Raton:
Beth Ann aragher worked part-time and during summers between 1990 and 1995 as a life-guard for the Parks and Recreation Department of the City of Boca Raton, lorida. Her immediate superiors during this period were Bill Terry, David Silverman and Robert Gordon.
After resigning as a lifeguard, aragher brought an action against Terry, Silverman and the City under Title VII of the Civil Rights Act of 1964 for nominal damages and other relief, alleging, among other things, that the supervisors had created a "sexually hostile atmosphere" at work by repeatedly subjecting aragher and other female lifeguards to uninvited and offensive touching, by making lewd remarks, and by speaking of women in offensive terms. Asserting that Terry and Silverman were agents of the City, and that…… [Read More]
Query: How can we overcome sexual harassment in our schools?
Sexual harassment needs to be framed as a community issue and not as isolated incidents. A complex issue, sexual harassment becomes embedded in a culture of violence, one that condones normative gender bias and other forms of power abuses. Resolving the problem of sexual harassment in our schools requires honest self-insight, into the values that guide the organization. On a conscious level, most educators will recognize that sexual harassment does violate core concepts of social justice, yet patterns of violence and conflict are frequently unconscious and irrational. Conflict is subtle and often manifests below “conscious awareness,” (Holton, 1995, p. 79). Thus, formal policies are sometimes ineffective for addressing sexual harassment because they fail to uncover and deal with the underlying issues that are triggering the violent behavior.
To cultivate the values of social justice, educators need to create a culture…… [Read More]
omerenke, J 1999, 'Class action sexual harassment lawsuit: a study in crisis communication',
Human Resource Management, vol. 37, no. 3-4, pp. 207-219.
This research examines how the media viewed Mitsubishi Motors Manufacturing of America (MMMA) following a class action lawsuit filed against them by the Equal Employment Opportunity Commission (EEOC). During the three months after the filing, media evolved from a mostly positive position to a highly critical attitude towards MMMA (omerenke 1999, p. 207).
For this study, omerenke read available literature on the sexual harassment case as well as literature about crisis communication. He also took documents in the form of official statements as well as the actual actions taken by the MMMA and analyzed them via the lens of crisis communication (omerenke 1999, p. 208).
omerenke found that the media's attitude towards MMMA completely changed during the three-month period following the filing of the class action lawsuit. During…… [Read More]