Sexual Harassment By The Gale Encyclopedia Of American Law

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

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.

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

Brown makes the case that this debate shows if public discourse on polarized issues can change the minds of viewers. After explaining the parties present, the writer then explains the main discussion points and states that the number of people supporting college-controlled sexual assault cases doubled by the end of the debate, showing the importance of communication. When explaining the construction of the argument, Brown weighs in on the framing of the question, making the article less objective due to her apparent bias. However, she accounts for the speakers and their arguments with less bias when describing the discussion itself. This resource, unlike other sources, explains two perspectives on an aspect of sexual assault as the sides debate directly against one another; this “live” debate format provides useful insight into the opinions of each side and presents how they counter their opponents’ arguments.

Harassment has no boundaries when it comes to race, age, or gender. As mentioned previously, there are sometimes underlying problems when it comes to lower-status positions and high-status positions. Power can be dangerous in the hands of the wrong person and can often be said in the workplace where power can lead to sexual harassment. Debbie Dougherty, an assistant professor of communication in the College of Arts and Science at the University of Missouri-Columbia, did an assessment based on opinions and perceptions of 23 participants. The study was focused around the question “why does sexual harassment occur?” and the most common answer that came up was “power.” One thing Debbie noticed was the fact that men and women had different opinions

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.

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 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

Sexual Harassment is defined as any unwanted activity of a sexual nature that affect’s an individual’s employment. This unwanted activity can occur between members of the same sex as well as members of the opposite sex. Harassment is not only confined to employees of this organization, but to non employees also.

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.

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.