Disadvantages Of Sexual Harassment

Providing training about harassment has proven beneficial to the business environment. As the former EEOC Chairman stated “Sex harassment has developed as one of the great lessons in how education can have an effect on an offensive practice.” There are education campaigns educating not only employees but employers about what harassment entails, how to prevent it, and how to deal with a claim. (Glazer, 1996) In fact, most

Harassment has plagued the world for centuries. Why should the workplace be any different? Sexual harassment and workplace violence are not only of historical roots, but contemporary issues are still present in the workforce today. Managers are addressing and combating modern sexual harassment and workplace violence, however instances still occur (Robbins, Decenzo & Coulter, 2011).

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”).

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.

Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Harassment in itself is illegal but sexual harassment takes a different form. Although illegal, it may not be taken as serious as it should. Badgering charges are normally an offense, yet that grouping does not nullify the reality of a provocation charge. Harassment charges don't rebuff lead yet rather rebuff certain sorts of disturbing or irritating correspondences.

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 in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.

Sexual harassment is an issue that has to be addressed by employers. Employers should have a program in place where employees are able to report sexual harassment, have the steps in place to resolve the issue, and ensure that there is not any retaliation for the report. Employers are subject to heavy EEOC fines and subject to harsh reprimands if the organization is found guilty of not investigating allegations quickly and thoroughly.

In our society sexual harassment has been in the workplace for years. The use of sexual harassment in the workplace has been remembered best as a weapon used to keep women in their place which would cause them to forfeit promotions within their organizations. It was once believed that women were the only victims but the shift is now changing men are also reporting that they are also victims of sexual harassment on the job. In 1964 the Civil Rights Act was passed and employers began to recognize that they were liable for two types of sexual harassment. The first kind of harassment is Quid pro quo when a supervisor offers the employee sexual advances in order to get or keep a job, and also this harassment is used to determined if an

Organizations have an obligation to create a harassment free environment for its employees. Harassment doesn’t have to be of a sexual nature. An organization is liable if the harassment is so frequent or severe that it creates a hostile or offensive work environment or when it results in adverse employment actions such as the victim being fired, demoted, or transferred. Harassing a person based on their sex is illegal. Sexual harassment has a great impact on an employee’s productivity as well as poses a major impact on an organization’s finances in litigation.

As seen in the case study, a court decision may be one way for any company to legally define what constitutes sexual harassment in the workplace, but there are many ways to define sexual harassment. Everyone has different views and tolerance levels towards sexual harassment. When a case of sexual harassment occurs in a workplace, however, it comes down to how the courts define sexual harassment. The Supreme Court defines sexual harassment to be unlawful in two ways. “The first type involves sexual harassment that results in a tangible employment action;” this is referred to as quid pro quo. For example, if an employee complies with the harasser’s request, then she will get a raise. This unlawful act is usually presented in the workplace by a person who has an upper hand, such as a manager, to ensure that s/he will get what s/he wants. Employees are often victimized by fear that they will not get promoted or that they will get fired. They also dread that if a complaint is filed, it will not be handled correctly. “This instance of sexual harassment always involves another violation of employee rights; [sic] wrongful termination.” This would occur, for instance, when “a supervisor . . . tells a subordinate that . . . she must be sexually cooperative with [him] or . . . she will be fired, and who then indeed does fire the subordinate for not submitting” (“U.S. Supreme Court Defines”). [schwinlaw.com]

There are federal laws put in position to prevent sexual harassment in the workplace. Most employees sometimes don’t even realize what sexual harassment is are when they are committing this violation. On the flip side an employee may not realized when they are being sexually harassed and when is the appropriate time to speak up. Education on sexual harassment has increased within the workplace as cases are more public and fines are getting steeper.

Another form of sexual harassment is a hostile work environment. The hostile environment theory involves sexual advances between the supervisor and the employee. An employee’s work performance will be less effective due to these so-called sexual advances. However, a victim can file a complaint against their harasser so that they do not continuously force them to participate. Consequently, they will be forced to hand in their resignation. [This is an issue of power and has nothing to do with sex. For this reason, both male and females can be the harasser. The harasser’s main purpose is to force another to feel or act in a certain way. Sometimes, sexual harassment causes an individual from effectively performing his/her job. As a result, is undermines an individual’s dignity. In our society, there are three essential factors that relate to the issue of sexual advances. These elements are a divergence of perceptions, the complexity of human behavior and the attitudes of a sexist.]

Some women may even prefer not to report any allegations of being pressured sexually for fear of what might happen to them if they do. Although it is not lawful to retaliate against an individual for exposing employment practices that discriminate many people would seek retaliatory efforts. Therefore there are many women who feel it may be better for them to suffer in silence than to deal with revengeful or vindictive tactics such as being denied promotions or being scorned by other women who may think that the victim is pressing charges for attention. Because of the nature of such unprofessional behavior the victim may find him or herself very alone and no one wants to go through that especially after suffering through the harassment itself.