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Case studies in sexual harassment in the workplace
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Sexual Harassment This essay responds to the following prompts: 1. Define sexual harassment as the term is used legally. 2. Explain how sexual harassment differs from gender discrimination. 3. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment. 4. Provide the legal definition of hostile environment sexual harassment. Provide one example of a behavior which could be found to be hostile environment sexual harassment. 5. List the factors which contribute to a determination of whether behavior is sexual harassment. 6. Define the standard by which "unreasonable" behavior is determined. 7. Explain what situations are considered "severe or pervasive" and why these terms are important. 8. Give the main legal reason why every company should have a valid written policy against sexual harassment (besides the fact it is the "right" thing to do.) 1. Define sexual harassment as the term is used legally. 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... ... middle of paper ... ...sex-discrimination-and-sexual-harassment-0 (1990). The U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/policy/docs/currentissues.html (n.d). Legal Dictionary. Retrieved from http://legaldictionary.thefreedictionary ( n.d) Meritor Savings Bank v. Mechelle Vinson. Retrieved from http://www.answers.com/topic/meritor-savings-bank-v-mechelle-vinson.com/sexual+harassment (n.d). Preventing Sexual Harassment in the Workplace: Learn what sexual harassment is -- and how to prevent it. Retrieved from http://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html (n.d). Sex Harassment Law: university policy and procedures. Retrieved from http://www.president.umd.edu/legal/policies/def.html (n.d). Stop violence against women. Retrieved from http://www1.umn.edu/humanrts/svaw/harassment/explore/1whatis.htm
In Chapter 11 of William Shaw’s The Organization and the People in It goes over issue of sexual harassment in the workplace and its effects. Sexual harassment is defined as the “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature”, most reports of sexual harassment are from women accusing men however men accusing women is becoming more prevalent in todays society (Shaw, p.444). Sexual harassment is a moral issues because a person becomes a victim by means of verbal comments, gestures, or physical contact of a sexual nature and not being able to refuse them without fear that something worse will happen.
Any conduct an employee is subjected to that goes against their will and protected under the law thus qualifies to be harassment. For the case of Gregg V. Hay-Adams Hotel, Clark’s behavior qualifies to be harassment since they were unwelcome by Gregg. According to the allegations made by Gregg, Clark made suggestive remarks towards her, which she never appreciated. Secondly, Clark made physical contacts with Gregg, which the latter states were very unwelcome. The suggestive remarks Clark made towards Gregg affected her emotional stability in one way or the other. She found the working environment very unwelcoming. Additionally, when Clark made physical contacts with her, Gregg must have felt that the workplace was unsafe for her existence. We can categorize this form of harassment as a sexual harassment.
First is quid pro quo sexual harassment, which is when a supervisor demands sexual favors for employment or employment benefits. The second form of sexual harassment is hostile work environment harassment, which is when an employee frequently makes unwanted sexual comments, advancements, or anything similar to another employee (Moran, 2014). All six requirements must be met in order for the claim to be considered sexual harassment.
Sexual harassment by definition is based on conduct of a sexual nature. An article on ENotes.com describes sexual harassment as;
"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 two types of sexual harassment recognized today are known as "quid pro quo" and "hostile environment". According to the EEOC guidelines, quid pro quo exists when "submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting such individual". Hostile environment exists when unwelcome sexual conduct greatly disturbs an individual and interferes with the individual's job performance. Hostile environment also creates an intimidating workplace for all employees. (EEOC Compliance Manual)
Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964:
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
...ith them by touching her breasts and other body parts and secondly he even threatened them to go on a date else he would get them fired. Both these instances come under the ambit of this law of sexual harassment. The civil rights law forbids the employer to discriminate on the basis of sex (Title VII Statute, n.d.).
What comes to mind when you think of sexual harassment? Most people picture an individual grabbing another individual unwillingly in attempt of committing nonconsensual sex. However, sexual harassment can be something as insignificant as being called something negative. It is anything that makes a person feel uncomfortable about his/her sexuality. According to the law, sexual harassment is anything from unwelcome sexual advances and requests for sexual favors to verbal statements of a sexual nature. It violates Title VII of the Civil Rights Act of 1964. The Sexual Harassment Policy, which is currently in place in all schools and work places, is aimed at providing an educational and work environment free of harassment. This includes sexual harassment and every form of intimidation or exploitation.
Legal considerations play an important role in how employers and employees interact in the workplace. Common-law doctrines regarding this relationship have been established from many legal decisions made over the course of centuries (Reed & Bogardus, 2012). Common-law doctrines lay the foundation for best practices in employment which provide for both employer and employee safeguards.
18.)"Know Your Rights at Work: Workplace Sexual Harassment." AAUW. American Association of University Women, n.d. Web. 17 Apr. 2014.
KANE-URRABAZO, C. (2007). Sexual harassment in the workplace: it is your problem. Journal Of Nursing Management, 15(6), 608-613. doi:10.1111/j.1365-2834.2007.00725.x
Sexual harassment has become 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. What does sexual harassment really mean? Many people cannot define the exact means of sexual harassment. Title VII of the Civil Rights Act of 1964 defines it as, "(Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment.
In addition to legal measures, many governments, employers’ and workers’ organizations, and other bodies are using a range of techniques to prevent sexual harassment and help its victims. Governments, for example, issue guidance on how to design anti-sexual harassment measures and to offer counselling to workers who have been targeted. Workers’ and employers’ organizations are producing model policies and collective agreement clauses, issuing guidance on complying with laws, conducting research and providing training. At the workplace, growing numbers of employers are introducing sexual harassment policies and complaints procedures. Moreover, there appears to be an emerging consensus around what workplace policies should contain and the steps to be taken to implement them, which can be used by those employers who have yet to take action.