Civil Rights in Criminal Justice Sexual Harassment

Sexual Harassment is any repeated unwanted behavior of a sexual nature perpetrated by one person upon another. Workplace sexual harassment is a topic that has been discussed in depth over the past six decades. The Civil Rights act of 1964 saw the beginning of the end for the normalization of sexual harassment in the workplace. The United States Equal Employment Opportunity Commission has allowed for strict penalties for those found guilty of workplace sexual harassment, punishments range from probation to termination.

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.

The first lawsuit claiming discrimination because of refusal of sexual advances by a coworker was filed in 1974. Although the term was never specifically used in the case, “Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America” (Fenelius, 2010). Paulette Barnes was hired as an administrative assistant in the Equal Employment Opportunities Division of the Environmental Protection Agency at grade GS-5 with a promise of “a promotion to grade GS-7 within ninety days” (“BARNES v. COSTLE”).

Harassment, specifically sexual harassment, is one of those challenges faced by businesses and employers as of a result of workplace diversification. Inappropriate conversations, unwanted advances and uncomfortable physical contact are some of the ways sexual harassment can occur. According to Hellriegel and Slocum, “Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” (p.52). To be clear, sexual harassment can, and has, affected both women and men over the years however up to half of all working women have reported experiencing some form of sexual harassment in the career (Vijayasiri, 2008, p.1). It wasn’t until 1986 though that the Supreme Court recognized sexual harassment as a violation of Title VII in the case of Meritor Savings Bank v. Vinson (O’Brien, 1994, p. 1). Before the high court’s ruling, however, the Equal Employment Opportunity Commission had begun to address the issue by drafting hostile work environment guidelines that included sexual harassment (O’Brien, 1994, p. 4). These guidelines would serve later to guide the high court’s decision. There are many more cases like this one we could look at. In 1991, sexual harassment became a household term as Anita Hill testified before congress stating she was sexually

Our textbook defines sexual harassment, also known as gender harassment, as “Lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature that occurs on the job” (pg. 552). AAUW describes sexual harassment as a general description of unwanted sexual advances, request for sexual favors, or other verbal/physical conduct of any sexual nature. Even with Title VII’s protections, numerous people throughout the country still experience sexual harassment in the workplace. We can look at the Waldo v. Consumer Energy Company federal court case, found on page 552, as an example of sexual harassment at work and the consequences associated with the

| a) Quid Pro Quo ("This for That") harassment occurs when an employee is offered job benefits such as promotion, pay raise, etc. in return for sexual favors and could face unfavorable outcomes if they refused. Hostile environment harassment occurs when an employee is harassed in an unwelcoming / sexual conductive way that

Quid pro quo, also known as vicarious liability means this for that. It often happens when job benefits such as promotion, salary increases, employment, work projects, expectations for performance and other conditions of employment are determined by provision of sexual favors to an employer or supervisor. Quid pro quo also happens if the sexual advance or request for sexual favors by an employer is rejected by the employee (Advocates For Human Rights, 2007)

With such practices agencies protect not only the victims rights but also evidence that is later used in cases. This stratifies Miranda Rights actives that have “grave concern for the effect… that the individual may not be compelled to incriminate himself” (Linkins, 2007). This practice also satisfies the State, who has interest in protecting clear evidence of proper due process procedures and statements given.

The courts and statutes recognize two forms of sexual harassment. Quid pro quo is explained as something for something. This occurs when a supervisor or manager requests sexual favors, has made sexual advances that are unwelcome, or engages in physical conduct of a sexual nature. Hostile work environment is a situation where a non-employee, co-worker, or supervisor may be the basis for the sexual harassment claim. A hostile work environment can be created by suggestive pictures or comments, unwanted physical contact, obscene gestures, sexual jokes, and other contact that interferes with an

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

The United States Equal Employment Opportunity Commission (EEOC) (n.d.) defines sexual harassment as, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (para. 1). The EEOC (n.d.) expands on the definition of sexual harassment to include “teasing, offhand comments, or isolated incidents that are not very serious” (para. 4), but create an environment that is hostile or offensive to work in while impacting the employee’s job status. Employees of the organization and the organization’s customers can be instigators of sexual harassment toward an employee. When the harassment occurs in a work capacity, the employer has vicarious liability. Vicarious liability holds the employer or the employer’s principle liable for the actions of the employee or agent (Cornell University Law School, n.d.a) while in a working

Sexual harassment is a form of gender discrimination and therefore it is a violation of the 1964 Civil Rights Act. Sexual harassment perpetuates inequality preventing students from equal access to education. Colleges are obliged by the Federal Government to implement the programs that prevent sexual harassment and educate students. Sexual harassment on campus can take various forms and come not only from student but also from the professors. When a professor promises a certain grade in exchange for sexual favors from a student, it is a form of sexual harassment which called quid pro quo (311). It also can take place in a form of hostile environment “when unwelcome conduct of a sexual nature is so severe, persistent or pervasive that it

The practice of sexual harassment is centuries old; slavery, industrial revolution and colonization set the climate for work based on sexual harassment especially in the United States Sexual harassment is a form of a sex discrimination against the black women mainly African American women who suffered from

Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race in terms, conditions, or privileges of employment. The statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruiting, through an employee 's career with the organization, including termination. The prohibition against sex discrimination imposes responsibility upon employers to afford their employees an environment free from sexual harassment and from the fear that it may occur.

Sexual harassing behavior includes requests for sexual favors, physical sexual involvement and unwelcome sexual advances which affect the productivity of the work. The numbers of sexually harassed women in the workplace is staggering. Most women who experience sexual harassment in the workplace, who are afraid of speaking out. They also feel ashamed of telling anybody and fear of losing their jobs if the same deed is bring into the notice of higher authority.