Sexual Harassment In The Workforce

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.

Does the phrase “That’s what she said.” sound familiar? The phrase is from the popular hit television series The Office. The guy behind this popular quote is none other than Dunder Mifflin’s Michael Scott. This quote is not only inappropriate but it is also a form of sexual harassment and Michael Scott is the king of sexual harassment. Unfortunately sexual harassment is a problem that is occurring in the workplace. In another popular movie, Horrible Bosses, sexual harassment is one of the main points in the story. The best example of this is when Charlie Day’s boss, Jennifer Anniston, constantly makes sexual gestures and inappropriate statements at him. However, in The Office and Horrible Bosses, sexual harassment is taken to an extreme. What is unfortunate about sexual harassment is that most people do not realize that it is illegal in the workplace. However, it is possible that a few comments slip out every now and then but they should not be taken lightly. Unfortunately in these situations, there is nothing done to prevent it in the workplace, which I have decided to look into the problem of preventing sexual harassment in the workplace.

Sexual harassment continues to be a large problem within the workplace and around the world. Donna Benson, an American writer, writes in “Sexual Harassment on a University

Work place policies regarding sexual harassment is the main issue discussed in this article. Sexual harassment has continued to be a challenge within the workplace. According to a recent review of sexual harassment related resolutions, employers have paid over $732,976.00 in sexual harassment fines (Hobson, Szostek, & Fitzgerald, 2015). The EEOC has issued written guidelines for appropriate strategies employers should use to handle workplace sexual harassment and specific ways to address it. It is the employer’s duty to proactively work to protect all employees from any type of sexual harassment by following sexual harassment policies and procedures that are put in place. Failure to implement and follow the policy and procedure in the workplace can and most likely will lead to liability should an EEOC investigation or lawsuit occur. The employer needs to disperse copies of the policies and procedures and post them in central locations throughout the organization and address sexual harassment in the employee handbooks. The policy and procedures need to clear

Since before my time, in the 1980’s, American court systems have already understood sexual harassment as a kind of sex discrimination. It is obvious that the legal development has drastically improved for the sake of all working women. However, Vicki Schultz, a Yale Law School professor, in her article “Rethinking Sexual Harassment,” criticizes how sexual harassment is considered at present. Schultz’s first critique to the matter, is that in focusing on sexuality, our approach to sexual harassment is much too narrow, and it overlooks the nonsexual forms of gender hostility that many women experience at work. Nonsexual forms of gender hostility include: condescendence of women’s performance or ability to master the job, providing patronizing forms of help in performing the job, or withholding the training, information, or opportunity to learn to do the job well. Second, Schultz argues that our approach to sexual harassment is also too broad because it targets even the harmless sexual conduct as harassment whether or not it discriminates against women. Such as, urging “zero-tolerance” policies and “cultural sensitivity” approaches that stumble onto the side of prohibiting sexual conduct that might personally be taken as offensive. Third, Corporate policies in particular, intend to include sexual harassment law, and have pushed the limits to completely disinfect the workplace so that

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.

“Men believe we should have laws against sexual harassment, but their hostile reaction toward women who sued successfully for sexual harassment shows that they are, in fact, threatened by the law. The criminalization of the woman reimagines the men as victims and the woman as a perpetrator” (Tinkler, 2012, p. 37). This quote speaks to the heart of the Vinson-vs-Taylor case. This case centers on the question, “Was the sexual harassment alleged by Vinson truly harassment because she was a voluntary participant?” The following case study will examine the decisions made by two separate courts, it will discuss when acquiescence is not permission, and whether or not the company should be held liable in cases of harassment. Finally the case study will examine how accuser can make a claim stronger.

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

To conclude, sexual harassment is an epidemic plaguing the modern workplace, particularly within hospitality and retail sectors. One in five women between 18 and 64 have experienced sexual harassment in the workplace within the last year (Australian Human Rights Commission 2010; Australian Human Rights Commission 2008 as cited in Birinxhikaj & Guggisberg 2017). The Sex Discrimination Act aims to protect all working Australians from sexual harassment during their employment (Sex Discrimination Act 1984). Experiences of sexual harassment can begin when young, in turn, affecting the job performance and education of young women (Fineran & Gruber 2009). The hospitality industry is notorious for sexual harassment from both co-workers and customers

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.

An anti-harassment policy should be set and published to every company by the employer; moreover, this policy should state and allow the employees to complain if the harassment and discrimination occur. However, employers are likely to be negligent about the important of investigating complaints of sexual harassment and appropriate solutions. (Tremblay, 2008) The most effective weapon against sexual harassment is prevention. It is impossible for sexual harassment to happen and disappear on its own. In fact, if the problems cannot be specified, the harassment will get worse more and more and become more difficult to manage and remedy when the time passes. (Stop violent against women,[Online document], n.d.)

Under federal law there are two distinct forms of sexual harassment (Paul, 1990). The first form is known as quid pro quo harassment and in order for an action of this form to be successful there must be involvement by a supervisor or other person in authority. The fact that Sam, the alleged harasser, is in a supervising position raises the possibility that his behavior toward Paula may be considered quid pro quo sexual harassment. The fact that Paula has reportedly requested that Sam stop approaching her relative to their continuing a romantic relationship establishes the first element of a quid pro quo action. The second element arises by virtue of the fact that Paula has requested a transfer to another department outside the control and authority of Sam and Sam has apparently blocked Paula's request. Under the requirements of a quid pro quo action the victim's terms of employment or decisions regarding his or her employment must be affected (Brase, 2001). Sam's decision to block Paula's transfer certainly qualifies. In defense of his action to block Paula's transfer Sam has argued that such transfer might endanger Paula's unborn child because the chemicals that are used in the requested department have been shown to be harmful to fetuses. Sam's claim may be legitimate; however, his mere assertion would not qualify as a justifiable reason for denying the transfer. Sam is certainly not a medical expert and, unless such claims are documented by a proper authority outside the

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]

It is interesting to note that sexual harassment at workplace as a phenomenon acquired its name only in the late seventies. Piotrkowski (2002) quotes Mackinnon who stated in 1978 that historically sexual harassment of women employees was ignored, denied, made to seem trivial, even implicitly supported. Women were blamed for it too. The term sexual harassment was coined through a consciousness rising session connected with the Women and Work course at the Cornell University. As stated by Farley (1978) women in her class described their experiences in the workplace which had a distinct pattern. They either quit or were fired from a job because they were uncomfortable by the behaviour of men. This phenomenon of male harassment and intimidation of female workers had not been described in the literature and was not publicly recognised as a problem, although she continued to hear it described by women from all walks of life. Nemy (1975) says that it was in April 1975 that the phrase sexual harassment was used in the public for the first time by Farley during her testimony before the New York City Human Rights Commission Hearings on Women and Work. She defined as unwanted sexual advances by male supervisors towards women such as constant leering / ogling, brushing against, pinching / squeezing bodies, forced intimacy and forcing sexual intercourse. Thus it can be understood that prior to the 1970s the term sexual harassment at

Over the years sexual harassment has been going on. Many people try to stop it but, how do you stop something that has been going on for so long? Which has caused damage to not just young ladies but young men. Sexual harassment is all over the world. Many people think it will never happen in small towns. These issues can occur where ever at any time. Starting with your very own phone. In society today everyone has a way into social media. Everyone now in day have either a twitter, facebook, snapchat, and instagram. Teenager now in day communicate by text messaging. They can now send messages, pictures, and videos. That leads to exposure of the appearance and their information. Besides doing all that nifty stuff there is friend request coming here and there. Lately there has been obsession of who has more friends. Making them risk there life’s with strangers. Many people out there sometimes make fake profiles to impress the ladies with an attractive man same as with young men. As a result this leads to people reaching out to teenagers. Setting them with fake dinner, movie and more appointment. Where they think they will meet the person supposable they talk to on social media. That’s when the story takes a turning point; making them the victims of a cruel sexual harassment as seen in “ The Wife of Bath's Tale” by Geoffrey Chaucer could be beneficial. This tale helps people see there is revenge with no harm however. Creating a struggle they will life all there life. Until men