Sexual Harassment At The Workplace

Supreme Court case Meritor Savings Bank v. Vinson of 1986, and Harris v. Forklift Systems of 1993 are examples of a more recent judicial action that has helped shape the contemporary sexual harassment practice (Siegel, 2004). These mentioned two sexual harassment cases linked the unwanted sexual harassment to affecting the employee’s performance and work environment. Furthermore, no substantial victim mental distress is required to receive jury award (Robbins, Decenzo & Coulter,

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.

4) Sexual harassment is defined as any unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sensual nature. There are two types of sexual harassment, quid pro quo, and hostile or abusive workplace environment. Quid pro quo states that a boss must not utilize his/her authority over another employee in order to pressure or deal for sexual gifts. An example of this would be an individual offering a person a raise, but only if they perform a certain sexual favor for them. The second type of sexual harassment is hostile or abusive workplace environment. A single worker is often times singled out. It is when a worker receives unwanted sexual advances that are directed at them individually. This is a little more complicated because the interpretations are subjective. What one person might take offense to, another person may not. For example, if a group of male workers are standing around commenting on the body parts of a nurse in a sexual manner. This may not offend anyone in the group but may offend a bystander overhearing the conversation. Employers must take all complaints of sexual harassment seriously and must respond immediately.

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 is an increasing issue in society and there are multiple branches of it, including street harassment, work harassment, and sexual assault. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

According to the SHARP guide book Sexual Harassment is “Sexual Harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct made either explicitly or implicitly a term or condition of a person’s job, pay, or career, or submission to, or rejection of, such conduct by an individual is used as a basis for career or employment decisions affecting that person, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment” (2013).

Sexual harassment is an infection that can spread through an organization. When there is a sexual harassment accusation, it must be dealt with swiftly and accordingly. If not it can create a bad atmosphere between all levels from the most senior employees to the newest employee. A trust level is broken when issues happen and it is brushed under the rug. According to USA.GOV (2009) sexual harassment is the unlawful harassment of an individual. The harassment includes unwanted sexual advances such as sexual favors, verbal comments or contact. Consequently, according to Tseng (2014) many victims will not report sexual harassment due to their status as a lower employee and the status of the harasser. Implementing a policy that allows a bystander to report what they have seen can mean the difference between a peaceful work place and a work place with disgruntled

Sexual Harassment is when someone makes unwelcome sexual advances, displays verbal or physical conduct, and make requests for sexual favors. For example, when David

A workplace sexual harassment policy is a written policy to provide employees as well as managers, with a workplace that is free from sexual harassment. It is designed to prevent the recurrence of sexual harassment and to provide information on what sexual harassment is. The policy gives the employees and victims the information needed to know how to file a claim. It also gives the perpetrator information and understanding of just how serious sexual harassment in the workplace is and what the consequences of engaging in sexual harassment are (LP5 handout - Developing the Right Policy, Investigating Complaints, and Taking Appropriate Remedial Action Legal Issues for Supervisors Class - n.d.).

There are many consequences to violators of workplace sexual harassment laws. It is up to the employer to exercise due care that their employees are not harassed. Sexual harassment has an impact on employers as well as its employees. When harassed workers lose concentration, when it interferes with their judgment, when they are difficult to motivate or tend to be late or absent, employers incur significant losses. In these circumstances, productivity may decrease, team work be jeopardized, and the risk of workplace accidents increase. Ultimately, employers may lose valuable workers, while others may be dissuaded from applying for vacancies.

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]

Sexual harassment can also take several forms, wherein the object of attention could be at the receiving end of malicious stares, jokes, comments, notes, letters, graffiti or physical contact[2].

In this research paper I would fully discuss what sexual harassment. I will start on the origin of sexual harassment and how it came into law. I will discuss what environment of sexual harassment looks like in the work place. The reader should be able to discover the different types of sexual harassment: Quid pro quo and Indirect. I will show you illustrated trends of sexual harassment in the work place over the years. I will discuss how sexual harassment affect both parties, meaning the employer and the employee. I will back up theses affects by laws that are set in place to protect the employee and hold the employer responsible. I will give an analysis on recent litigation involving sexual harassment in the workplace. In my conclusion I will give a recommendation on how to prevent sexual harassment in the workplace and what management can to protect their employees.

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.]