Jiajun Hu
Dr. Linda Baldwin
BSAD451
8/31/2011
Case 3-1: A case of harassment. According to the EEOC it is: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of 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 enviroment.” Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild
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Remember, if harassment is not reported, it is likely to continue. Talk to others. By talking with others, you may discover that the person who is harassing you has harassed or is currently harassing other people you work with. By learning that you are not alone, you may feel more confident as you prepare to report the harassment. Research. Take the time to become more aware of your rights and how sexual harassment violates your rights. Read through your company’s literature to learn how sexual harassment is dealt with internally. If you have questions, seek out a professional who can address your concerns, such as an experienced Employment Law attorney. Under the relevant legislation, the employer and the relevant managers/supervisor may be held responsible for sexual harassment in the workplace unless all reasonable steps have been taken to prevent the harassment. Managers are responsible for making sure that all employees and supervisors understand that harassment will not be tolerated in the workplace and for taking early corrective action to deal with behaviour which may be offensive or intimidating. It is management’s responsibility to take prompt action if there is reason to believe harassment exists, to try and resolve the issue confidentially and to prevent further incidents of sexual harassment from occurring. If a manager or supervisor
The EEOC guidelines recommend that an employer's remedy should be "immediate and appropriate." Employers have a duty to "express strong disapproval" of sexual harassment, and to "develop appropriate sanctions." The EEOC explains that an employer's action is appropriate where it fully remedies the conduct without adversely affecting the terms or conditions of the charging party's employment in some manner (Ellison v. Brady, 1991).
There are many causes of sexual harassment, but the biggest cause is the system and the power and status of men and woman in society. Some that sexually harass women could be brought up with the belief that women are just “toys” and they feel that they have more power over women. Some sexual harassment can be the exchange of sexual favours for benefits that the man/woman can give due to their higher position. This way of thinking gives men the opportunity for them to sexually harass anyone in the workplace.
“Sexual harassment is defined as any unwanted action or activity of a sexual nature that explicitly or implicitly affects an individual’s employment, performance, or work environment” (Robbins, Decenzo & Coulter, 2011). According to the EEOC, “Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other
Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.
Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it. By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being. Sexual harassment is well defined as an unwelcome sexual request for sexual favors and other verbal or physical conduct of a sexual nature. In many countries, sexual harassment is considered a form of sexual abuse and employment discrimination. Sexual harassment is most prevalent is organizations both professional and academic, though it can occur almost anywhere.
“The definition of sexual harassment stated in the EEOC Guidelines and accepted by the U.S. Supreme Court is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” which implicitly or explicitly make submission a term or condition of employment; make employment decisions related to the individual dependent on submission to or rejection of such conduct, or have the purpose or effect of creating an intimidating, hostile, or offensive environment (Kubasek, 2009, p. 600).”
The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of violations: Unwanted sexual advances, Offering employment benefits in exchange for sexual favors, Making or threatening reprisals after a negative response to sexual advances, Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters, Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes, Verbal sexual advances or propositions, Verbal abuse of a sexual nature, graphic verbal commentaries about an individual 's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations, Physical conduct: touching, assault, impeding or blocking movements. (Dept of Fair housing California website, 2016)
The employees must be able to file complaints either by the phone to the HRD or through the company’s website. 2. Every employee at all levels of the company should receive training to review the sexual harassment policy and keep records of those training sessions and have the employee sign with date stating they attended and also understood the training. I also think that this should be done on a yearly basis (mostly during recruiting process) and all those records must be maintained by the Human Resources Department. 3. The company’s website should be tracked at the end of every night to determine if there were any unresolved issues. If the employees are be unable to file a complaint even with these different ways available and with the exclusive anonymity option provided by the employer, then the company cannot not be held liable and the employer is reasonably free of vicarious liability for the actions of its
Sexual harassment is characterized as undesirable sexual methodologies, demand for sexual favors, and verbal or physical provocation in sexual composition. (US Equal Employment Opportunities Commission, 2015) There are two types of sexual harassment claims: quid pro quo and hostile work environment. Quid pro quo means “this for that”, is executed by somebody who is in a position of force or power over another. It includes communicated or inferred requests for sexual favors in return for some advantage or to maintain a strategic distance from some disservice in the work environment. (Society for Human Resource Management, 2015) Hostile work environment harassment happens when discourse or behavior is so serious and pervasive that it makes an intimidating or disparaging environment or circumstance that contrarily influences someone’s performance. This kind of badgering can be executed by anybody in the workplace, including an associate, director, subordinate, seller, client or builder. (Society for Human Resource Management, 2015) In this case, Marwan committed acts of both quid pro quo and hostile work environment harassment. Marwan has more seniority over his co-worker. Not only did he make undesired sexual advances towards her, but he also threatened to have her fired if she did not go on a date with him (Quid pro quo). Marwan also made inappropriate gestures to the female guests, and went as far as
Sexual harassment is discrimination that involves any uninvited comments, exploits, or behavior regarding sex, gender, or sexual orientation. If any type of violation is made by a co-worker, a boss, a work acquaintance, or even a non-employee such as a client, vendor, or contractor, this will be considered unlawful sexual harassment within the work environment. Sexual harassment can create a hostile and uneasy work environment. Sexual harassment includes inappropriate verbal advances, unwelcomed physical behavior that creates an aggressive, hostile, intimidating or malicious work environment for employees. Sexual harassment includes sending suggestive e-mails, notes, and
Sexual harassment has been present for many years and in many countries. However, I cannot share my own experience or observation about sexual harassment for the fact that I have never worked. I just can talk about stories that are shown in the news. The most recent story that I read was about a Mexican woman. She was working for a restaurant, and the manager sexually harassment her. When the manager saw the opportunity, he touched parts of the Mexican girl body. At the begging, she relates that the manager always said that it was not on purpose as if it was a stumble. The Mexican girl felt uncomfortable with the stumbles, but she did not have bad thoughts about him and his “stumbles”. She endured sexual harassment from her manager for almost
The term sexual harassment is defined as any unwelcomed sexual advances or conduct on the job that creates an intimidating, hostile or offensive working environment . The Civil Rights Act of 1964 states that sexual harassment is a violation of the law.
liability and remedies. In the United States, sexual harassment is covered under employment discrimination law as a form of discrimination on the bases of sex (Agba,2014).
If someone feels unsafe, or if the situation just doesn’t feel right, they should search it up on the internet. They can search up, what sexual harassment is, what is considered sexual harassment, what are the actions they can take, etc. In today’s day and age the internet is right at our fingertips. If something sees off or just not right, search it up. When searching up what sexual harassment is, it may be surprising what is found, and so many situations such as there can be avoided. Simply because the person searched up the situation and stopped it before it got much more complicated.
Sexual harassment is a continuing, persistent occupational health problem in corporations and work environments. There can be extensive, negative consequences for individual victims and the corporations involved. Assailants and harassers can impact and hurt victims by affecting both their professional work lives and personal lives. The purpose of this paper is to heighten awareness and sensitivity to this important issue, recognizing that institutions, clinics, corporations, organizations and office-based practices have existing sexual harassment policies in place. This paper will explore both sexual harassment and non-sexual harassment within the workplace and the various components that are associated with harassment. I will integrate