Sexual Harassment
Sexual Harassment can take many forms; including a request for sexual favors; unwelcome sexual advances towards others, verbal, physical, or foreseeable conduct of a sexual nature towards people. This illegal conduct could occur in houses, or public places, hotels, restaurants, and can most often occur in the workplace. Employers, especially in the service industries, should pay careful attention to complaints by employees about customer conduct. An employer can be held liable under Title VII, for customer harassment if it fails to remedy or prevent a customer-created hostile work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct
Unlawful sexual harassment may occur without economic injury to or discharge of the victim
The harasser's conduct must be unwelcome
In the case of Lockard v. Pizza Hut, Inc. (10th Cir. 1998) 162 F.3d 1062, a waitress sued Pizza Hut and its franchisee under Title VII for hostile work environment sexual harassment. While waiting tables, Lockard was harassed by two male customers. On a number of occasions, Lockard had informed her manager that she felt uncomfortable waiting on these men. One night, after Lockard seated the men, one of the men told Lockard that she "smelled good" and pulled her hair. Lockard immediately inf...
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...t the person making these unwanted sexual advances. Just as important, confronting your employer on their responsibilities of creating and maintaining a safe work environment between employees and customers. Reporting offensive behavior to employers or local authority can be done in person or through the person designated to handle Sexual Harassment complaints. When taking someone under a sexual harassment charge and following the proper procedures, justice will be served.
Bibliography:
Bennett-Alexander, D. D., & Pincus, L. B. (1998). Employment law for business (2nd ed.) [UOP Special Edition Series]. Burr Ridge, IL: Irwin/McGraw-Hill.
Title VII of the Civil Rights Act of 1964
Lockard v. Pizza Hunt, Inc. (10th Cir. 1998) 162 F.3d 1062
EEOC COMPLIANCE MANUAL
TITLE 29--LABOR PART 1604--GUIDELINES ON DISCRIMINATION BECAUSE
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conducts of a sexual nature constitute (are) sexual harassment when: (1) submission to (agree to) . . . or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or (2) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile (threatening), or offensive working environment” (ENotes.com...
"Sexual harassment is a type of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, demands for sexual favors and other verbal or physical behavior of a sexual nature is inappropriate behavior when the behavior unequivocally or verifiably influences an individual’s employment, unreasonably interferes with an individual’s work performance or creates a scary, antagonistic or hostile workplace (Noe, 2011).” " Sexual harassment can be the point at which somebody feels uncomfortable or irritated in a sexual manner, for instance, this could be as a remark, joke, look, or motion. There are two noteworthy sorts of sexual harassment: Quid pro quo which is the point at which a man is punished for dismissing
The EEOC has also stated that a victim of sexual harassment need not say anything to any supervisor. Co-workers and supervisors are liable if any one kn...
According to legal dictionary (2013), sexual harassment refers to any form of unwelcome sexual behavior or advances, appeals for sexual errands, and other form of physical or verbal conduct or behavior that portrays sex nature and tends to make the working environment offensive or hostile. Any behavior or remarks that take such forms constitute sexual harassment when: Compliance to such conduct happens either implicitly or explicitly based on employment of an individual, rejection or compliance to such conduct is used to make decisions during employment and when such conduct interferes or affects performance of a person at the workplace. Sexual harassment ta...
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
The other common type of sexual harassment is based upon the idea of comments indirectly or directly said in a hostile environment. This is called hostile environment harassment. This occurs when harassing conduct is so severe or persuasive that it affects the persons ability to be an individual. Regardless what type of harassment that occurs, you must take immediate action or measures to stop this violence.
Sexual harassment is an important issue in every business; if left unattended it could cost companies millions in damages. In 1980 the Supreme Court ruled that sexual harassment was a violation of the Civil Rights Act of 1964. From 1978 to 1980, sexual harassment cases brought against companies cost them $189 million. This number rose to $267 million from 1985-1987. Damages are just measured only by numbers. Sexual harassment can cause harm to a company's image, reputation, customers, as well as their revenue.
...rom occurring in their workplace location. The only way that we can stop these types of behaviors from occurring is by becoming knowledgeable about the topic and making sure everyone is also aware of the topic and the preventative measures that are available. Sexual harassment in the workplace may always be a problem but by working together with those who work around you, we can lower the chances of it happening in your particular workplace.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Eliza G.C. Collins and Timothy B. Blodgett. "Sexual Harassment…Some See It…Some Won’t" Harvard Business Review, March 1981. Web. 6 June 2015.
Sexual harassment is so ordinary in the workforce that frequently we fail to even recognize harassing behavior as immoral. This is because so many of us--women and men alike--have become desensitized to offensive behaviors. Sexual harassment in any form is unacceptable behavior and should not be tolerated by anyone. It undermines our ability to study, to work, and to feel like effective, empowered people in the world.
People hollering out car windows at pedestrians. Groups of teenagers terrifying kids walking home from school. People being hurt by those they love. Kimberly A. Lonsway, PhD, and Sergeant Joanne Archambault from End Violence Against Women International stress that victims often disassociate. “Many victims describe experiencing a feeling of paralysis during the sexual assault that is often referred to as “frozen fright.”
Clark, C. S. (1991, August 9). Sexual harassment. CQ Researcher, 1, 537-560. Retrieved from http://library.cqpress.com/cqresearcher
Sexual harassment in the workplace has been a huge problem in recent history. It can happen to anyone, and it can happen everywhere. It can affect all types of races, genders and ages. Statistics today show that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consumed covering sexual harassment because of the high-profile cases.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.