According to the United States Equal Employment Opportunity Commission (EEOC) the definition of sexual harassment is “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.” Regardless of position in company or type of candidate it is against the law to make passes or harass one because of their sex or gender. In order to harass a person it does not have to necessarily be physical contact but this regulation also includes any offensive verbal context that anyone may say towards a person’s sex and/or gender. Also, a lot of times sexual harassment is based on personal opinion, meaning what may come off as offensive to one person another may be fine with working. A good example is if a woman is wearing a blue dress and makes a random comment of saying “I really do love the color blue on women.” All depending how the woman wearing a blue dress perceives the comment will depend on whether or not she feel the person was looking at her and how the comment was said in her eyes.
Sex and/ or Gender play absolutely no role in whether or not you can be sexually harassed any side of sexual harassment can be played by any sex and/or gender. A third party of someone that heard or saw the sexual harassment also has the right to file sexual harassment charges, so technically that person does not have to be involved in the situation directly. With sexual harassment there is a very gray area because unfortunately it does not allow teasing, general comments and minuet one on one problem. Harassment is so serious it is a criminal offense, but it also creates a terrible environment for productivity and plays a vital role many times in position movement in the company or organization. Sexual harassment is a form of sexual bigotry and is written into law with Title VII of the Civil Rights Act of 1964. To be specific this title only extends to that employer of 15 or more workers and is included for everyone from federal governments to employment agencies. Sexual harassment cases are inspected by the EEOC on a case-by-case basis usually after the victim has told or made it obvious that the harasser should stop.
Sexual harassment by definition is based on conduct of a sexual nature. An article on ENotes.com describes sexual harassment as;
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.
Gender discrimination differs from sexual harassment. Gender discrimination “occurs when individuals of one gender are favored in employment decisions over the other gender” (Moran, 2014, p. 243). This can happen to both men and women. Gender harassment is non-sexual in nature, but rather is making offensive remarks about a person’s gender frequently enough to create a hostile work environment. Gender harassment can happen with people of the opposite sex and persons of the same sex (U.S. Equal Employment Opportunity Commission [U.S. EEOC], n.d.).
harassment does not have to be overtly sexual to be unlawful. It can include repeated offensive
Basson, in Sexual Harassment in the Workplace: An Overview of Developments, makes the claim that ‘unwelcome conduct of a sexual nature’ is not necessarily sexual harassment until a certain level or degree of unacceptability is attained (Basson, 2007: 426). This according to the author is the first step towards a threshold in which one should ask the question as to whether the conducts was welcomed or unwelcomed (Basson, 2007: 427). As far as the types of conduct that may be constituted as sexual harassment is concerned, a distinction is usually made, “within the broad spectrum of the sexual nature of the conduct, between physical, verbal and non-verbal conduct” (Basson, 2007: 427). Sexual harassment can also be defined as sexual innuendo, comments
The sexual harassment clause is covered under this sex factor. There are two types of sexual advances. One, when the employer asks the employee to return sexual favors in condition to the employment. These favors could be verbal, non-verbal or physical. They could be of explicit or implicit in nature. This type of sexual harassment is called Quid Pro Quo sexual harassment under the law (EEOC, n.d.). The second type of sexual harassment is creating a non-friendly and non-working environment for the employee i.e. creating a hostile environment for work. In
"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
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
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...
Before looking at the definitions of both situations, it’s important to note that the law applies to all genders, be it male/female, female/female, or male/male. Anyone can be a victim of sexual harassment no matter their sex. Statistics show that “16% of claims are filed by males.” (Ethics) The anxiety and frustration experienced by victims can impact their quality of life not to mention the quality of their work “The harasser can be the employee 's supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual, who is connected to the employee 's work environment, can be accused of sexual harassment.” (Heathfield) The victim in a sexual harassment situation isn’t always alone. Others who witness or overhear a conversation can also take
Harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences is considered sexual harassment. In American employment law, it is any unwelcome sexual advance on the job that creates intimidation in the workplace. Sexual harassment is considered a form of illegal discrimination. Unfortunately, the definition of sexual harassment is very controversial; it is truly based on what ones personal opinion is. Typical sexual harassment behavior usually includes unwanted touching of a co-worker, lewd comments, talk about gender superiority, or sexual jokes (Sandler, 1997).
Harassment has been an issue in the work force and in many other fields for decades, leading all the way back up to 1964. The United States Congress passed Title VII of the Civil Rights Act, prohibiting discrimination at work on the basis of race, color, religion, national origin and sex. There are many different types of harassment that many do not even know that they can be accused for. Through out my research I will be naming every type of harassment and presenting an article for each topic.
The U.S Equal Employment Opportunity Commission describes sexual harassment as a form of gender discrimination that is in violation of the Title VII of the 1964 Civil Rights Act. Undesirable sexual advances, request for sexual favors, and further verbal and physical conduct of a sexual nature constitutes sexual harassment, when compliance to or refusal of this behavior explicitly or implicitly affects an individual employment (EEOC).
Sexual Harassment is a form of sex discrimination that violates the Title VII of the Civil Rights Act of 1964. By federal law, you are protected by any form of harassment or discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) takes any complaint that has been filed with the EEOC and looks at a case as a whole. The determination is based off facts of the incident. It’s important for every employee at MedTech to understand our rights as an employee for more information check the EEOC website at https://www.eeoc.gov/laws/statutes/titlevii.cfm
To conclude sexual harassment is a tremendously huge issue that should be taken seriously. The only solution for tackling this situation is to speak up when this situation happen to someone. Encourage the victim of sexual harassment to come forward and report to proper authority as soon as possible. The longer the victim waits, the less probability that it will be corrected. If there is someone out there that had been victim of harassment confront the person regarding the situation. Call for help and consult with local HR representative or appropriate authority. Do not become part of the statistics of such shameful acts. Get help! Finally, sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace in order to avoid having more victims.