Sexual harassment in the workplace is a real, widespread issue but is also a broad and ambiguous subject. Many employees and employers do not completely understand what constitutes sexual harassment or even who can be charged with a violation. The Equal Employment Opportunity Commission (EEOC) recognizes two forms of sexual harassment as illegal; quid pro quo (sexual harassment) and hostile environment harassment. Charges can involve harassment of a sexual nature or simply a hostile work environment and therefore, policies and procedures must be put in place and training must be conducted for all employees. All businesses should take precautions to eliminate any chance of sexual harassment to ensure a contented work environment.
Sexual harassment is a form of sex discrimination. Sexual harassment laws are listed in Title VII of the Civil Rights Act of 1964 and apply to employers with fifteen or more employees to include state and local governments (Ferrell, Fraedrich & Ferrell, 2011). Sexual harassment is defined as unwelcome advances, request for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment (Bohlander & Snell, 2010). But that is a broad definition and can be quite confusing to many employers. Besides physical it can also be verbal or written communication and can be between people of different genders or of the same-sex (Ferrell, Fraedrich & Ferrell, 2011). The law is concerned with the conduct and not the sex of the people involved or the presence or absence of sexual desire (Bohlander & Snell, 2010).
Additionally, other forms of sexual harassment are unwanted sexual advances such as touching or groping and/or repeated degrading or sexist remarks that are directed...
... middle of paper ...
... Sexual harassment is a real problem but can also be used by disgruntled employees who wish to retaliate against an employer or fellow employee for a perceived wrong. Therefore, good investigation practices must be put in place. Because of the ambiguous nature of sexual harassment and hostile working environment harassment, employers need to take precautions even if this means tolerating no harassment of any kind to ensure compliance with the law.
Works Cited
Bohlander, G., & Snell, S. (2010). Managing Human Resources (pp. 116-119). Mason: South-Western Cengage Learning.
Ferrell, O., Fraedrich, J., & Ferrell, L. (2011). Business Ethics. Ethical Decison Making And Cases (pp. 72-74). Mason: South-Western Cengage Learning. (Original work published 2008)
Sexual Harassment. (n.d.). US EEOC Home Page. Retrieved March 5, 2011, from http://www.eeoc.gov/laws/types
Shaw describes two types of sexual harassment, “quid pro quo” and “hostile work environment” in both cases the victim can be a man or a woman and in both cases sexual harassment is illegal.
...thin. That is exactly what the U.S. Supreme Court did. They defined that a hostile environment exists when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.” With guidance of the EEOC, The U.S. Supreme Court's ruling was that hostile environment could exist separately from quid pro quo harassment and found Taylor and Meritor Bank guilty. This set the precedence for future sexual discrimination cases.
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 is defined by the U.S. Equal Employment Opportunity Commission as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (EEOC). In many cases, these can be hostile, aggressive, and violent. However, harassment does not have to be overtly sexual to be unlawful. It can include repeated offensive comments and verbal abuse. When sexual harassment occurs in the workplace, it can create an intimidating situation from which the victim feels he or she cannot escape.
Sexual harassment by definition is based on conduct of a sexual nature. An article on ENotes.com describes sexual harassment as;
Sexual harassment includes requests for sexual favors, sexual advances or other sexual conduct when (a) submission is either explicitly or implicitly a condition affecting academic or employment decisions; or (b) the behavior is sufficiently severe or pervasive as to create an intimidating, hostile or repugnant environment; or (c) the behavior persists despite objection by the person to whom the conduct is directed. Companies considers such behavior, whether physical or verbal, to be a breach of its standards of conduct. It will seek to prevent such incidents and will investigate and take corrective actions for violations of this policy.
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)
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...
According to Webster’s online dictionary, it is believed that the phrase “sexual harassment” was coined at Cornell University in 1974 ("Sexual harassment," 2011). The phrase wasn’t, however, really used in common language until the testimony of Anita Hill against Clarence Thomas in 1991. Sexual harassment can take many different shapes and forms. According to a Fox News article, the sexual harassment claims made by men have increased twofold in the last twenty years ("Sexual harassment claims," 2010). Because sexual harassment is illegal both on a federal and state level in many states, there are steps that an individual and employer should take to prevent sexual harassment.
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
Sexual Harassment is a prohibited conduct of inappropriate behavior in which an individual makes unwelcome sexual favors, requests, or any other form of verbal or physical acts in a sexual nature in which it creates a hostile environment to work in. any form of harassment that hinders or interferes with an employee’s work should be taken seriously and will not be tolerated.
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.
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 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.