Sexual Harassment in the Workplace Essay

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.

The Equal Employment Opportunity Commission sued Mitsubishi Motors in April of 1996 in regard to claims of widespread sexual harassment at the company’s plan in Normal, Illinois. “The lawsuit contends that as many as 700 women were subjected to groping and sexual remarks, creating a "hostile and abusive work environment" that went unchecked for years at the Mitsubishi Motor Manufacturing of America plant” (“U.S. Charges,” 1996). It is despicable that situation like this was allowed to happen and perhaps even more astonishing is the magnitude at which it took place. While most of the harassment “came from male assembly line workers or low-level managers,” high-level managers at plant knew of the offenses and allowed them to take place without consequences (“U.S. Charges,”

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

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 in a workplace or professional setting is known as making of an unwanted sexual past or obscene remarks. Harassment normally occur to women in the workplace. Sexual harassment is a form of sex discrimination that violates Title VII Civil Rights Act of 1964 (U.S EEOC, 2017). There has been many lawsuits or court cases regarding sexual harassment in workplaces today. Some cases are hard to analyze because of the different type of harassment situations.

Is a solution to this mess to limit a definition of sexual harassment? Is sexual harassment really a problem in the business or is it just a product of hype and hysteria?

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.

Sexual Harassment comes in many forms and weather spoken, verbal, written or the behavior itself, it makes the person uncomfortable and the end results is all same, Sexual Harassment is unwelcome and unwanted behavior. Sexual Harassment discrimination is illegal. It is the employer obligation to make sure their organization and employees have protection from discrimination. This paper will show that Jacksonville shipyard acted unethically by failing to protect one of their employees Lois Robinson. Jacksonville Shipyard was well aware that Ms. Robinson faced sexual harassment on a daily basis by her male co- workers. Once Lois complained to Management that she objected to the co-workers behaviors , instead of helping her they made

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.]

This writer will be discussing a case where a male employee files a sexual harassment claim against the employer as the male employee identifies as being gay. He also is filing discrimination on the basis of his gender and alleges retaliation as he was terminated after he had complained about his female coworker. Apparently, the male employee alleged that a female employee while at a dinner and concert after work hours grabbed his privates. It is important to note that the male employee’s performance prior to the incident was declining and was counseled on several occasions by his employer about his declining production. Furthermore, this writer will be discussing whether if the facts could result in liability to the employer for sexual harassment or gender discrimination. Also, this writer will be integrating and referring to various sources and cases that