Harrasment Essay, Research Paper
THESIS STATEMENT: In today s society 40 percent of the nation s 55 million working women have experienced sexual harassment in the workplace.
II. Types of sexual harassment
A. Requirements of sexual harassment
1. Concept of unwelcome conduct
2. Sexual nature of conduct
B. Claims of harassment
1. Quid quo pro
2. Hostile environment
III. Types of Recourse
B. Employer intervention
C. Legal action
IV. Prevention of sexual harassment
A. Written document
B. Proper and supervising
C. Rumors and Innuendo
SEXUAL HARASSMENT IN THE WORKPLACE OF WOMEN
Bernesha Benson SEXUAL HARASSMENT IN THE WORKPLACE OF WOMEN
What is sexual harassment? It is the conduct to unwelcome and affect the terms and conditions of employment. There are several different ways an individual can be sexual harassed .
∙ Derogatory or vulgar comments about someone s gender, physical anatomy or characteristics.
∙ Sexually suggestive or vulgar language.
∙ Threats or physical harm.
∙ Sexually oriented or suggestive pictures, posters, magazines, or other materials.
∙ Touching someone in a sexually suggestive way, or in a way calculated to invade her personal space.
∙ Touching of another s breasts, genital areas, or derriere.
Whether or not conduct is unwelcome is a critical concept. Conduct is not welcome when it is unsolicited, when the victim has done nothing to incite it and when the victim views that conduct as undesirable or offensive. Simply because a woman acquiesces ti sexual demands-or participants in a sexual relationship, even for an extended period of time. Conclusions cannot be automatically drawn about whether or not she welcomed that conduct.
Welcomeness is frequently an issue when women have participated in a certain level of joking, teasing, or verbal repartee but feel uncomfortable or offered when the level of such sexually oriented discussion escalates. To be kinds of job-related threats or promises the harasser needs to be in a position of authority over the harassed employee. In this form of sexual harassment the accused is always the immediate supervisor or someone else who has the actual or apparent authority are usually easy to demonstrate.
Damages can include monies associated with last promotion opportunities, missed raises, or in the event of actual or constructive discharge, the full value of wages and benefits lost less an amount the charging party might reasonable have earned had pursed another job opportunity.
The requirement that sexually harassing conduct, whether physical or verbal be of sexual nature is typically fulfilled by such frequently cited behaviors as propositions, comments on the sexually areas of a woman s body dirty jokes, pictures of nude or sexually suggestive individuals, and sexually oriented cartoons. However, the requirement that conduct be of a sexual nature can also be fulfilled through nonsexual verbal and physical behavior caused by the gender of the individual being harassed. In other words but for the sex of the individual, the harassing behavior would not have occurred.
A strong consensus on the types of behavior considered by respondents to be sexual harassment emerges from the studies. The Working Women survey found that 42 percent of complaints included teasing, jokes, or other remarks; 26 percent included touching leaning over or concerning; 17 percent included pressure for dates, and only one percent included actual on attempted serious physical contact. The Working Women survey notes 39 percent of complaints were made about immediate supervisors another 26 percent about other people in the workplace and 32 percent about coworker behavior (p.46).
The commissions defintion goes to describe the two tyes of conduct considered to be sexual harassment. Quid prso quo and hostile environment. The quid por quo ( this for that ) sexual harassment invloves the exchange of a job benefit express or implied favors.
Example: If you want to keep your job you will sleep with me. Typical quid pro quo situations are suggestions of unecessary after-hours work or out-of-town travel.
The situations generall, involved in hostile environment calims are less clear-cut. Here, typical situation are lewd jokes or comments displays of explicit or sexually suggestive material or repeated for a sexual or dating relationship . Hostile environment may be in the workplace of the harassers, supervisors, coworkers, customers, suppliers, or vistors.
When meeting your accuser, let him know that a serious matter has been raised, that he has been connected to it and that involves unwelcome behavior on his part. Avoid characterizing the behavior as sexual harassment and avoid talking about the matter in times of a charge , lawsuit , allegation , or claims . Talk about the facts that have been brought to your attention.
As to complainant, take time needed to review the charges:
∙ The employers obligations under the law.
∙ Your role as the investigator.
∙ What will happen and approximately when.
∙ Who will decide the final outcome.
∙ What the investigation will cover.
∙ The seriousness of the matter and that every effort will be made to conduct a neutral, objective, and professional review .
∙ The ultimate objectives of the investigation.
Sexual harassment is a form of sex discrimination, as a cause of action it has come into its own, and a body of unique legal requirements and expectations has evolved. When allegations of sexual harassment are brought to an organization s attention, the employer has a clear legal duty to investigate those claims who may have personal knowledge of the truth of falsity of the allegations themselves, or anyone who can shed significant light between the accuser and the accused. This may include coworkers of the parties, individuals in physical proximity to their work stations.
The objective of that review is to determine to extent possible what happened, resolve the situation appropriately, and bring any illegal conduct to an end so that the workplace is once again file of any form of harassment. You must interview every individual higher levels of manage-ment, or employees who may have relevant background information to offer. Discussion with appropriate members of management and a close examination of corporate work records are usually most helpful, particularly when no witness are available. One of the most impatient things an employer can do, then, to lessen its legal liability, both administratively and judicially, is to conduct a proper investigation whose outcome, provides an appropriate level of relief.
On October 11, 1991 Anita Hill testified that Clarence Thomas had sexual harassed her for ten years. In her testimony, Hill claimed that Thomas had repeatedly asked her for dates and spoke to her about pornography and his own sexual powers. Thomas denied these charges and was eventually confirmed to the Supreme Court. Hill refused to criticize Thomas and avoided personal attacks of the sort that had been launched against herself. She also refused to speculate on what had motivated their attacks sticking instead of what she knew, when the court found Clarence Thomas nto guilty of sexual harassment ti shocked the nation. Even if Clarence Thomas didn t sexual harasse Anita Hill it is still on his record he was accused of sexual harassment. Anita Hill thinks sexual harassment is a serious problem. Anywhere form 42 to 90 percent of women will experience some form of sexual harassment during employed lives.
Sexual harassment can occur more in just the workplace also in schools. There are certain steps a student/staff member take to be sexual harassed.
Step One= The complainant shall state in writing the basis for the complaint and the names of the persons involved.
Step Two=All complainants are to be investigated immediately.
Step Three= Should the complainant feel that the action in insufficient the intial report shall be sent to the District Superintendnet.
The Final Step= One complainant may make a request in writing to the superintendent for a hearing before the Board of Education.
Many organizations prefer to include sexual harassment issues as part of a general policy statement on Equal Employment Opportuntity matters, or as part of a policy statment on all forms of harassment in the workplace. One of the reasons usually given is the unwillingness to call what is consideered undue attention to the sensitive area of sexual harassment by breaking it out into a separate topic.
Since the policy is a written document-part of a policy amnual issued to supercisor and managers as well as included in an employee handbook or guide-it subject to the same risks any other written material carriers in today s legal climate. Employers must be prepared to implement their policies uhniformly and consistently to avoikd breach-of-contrast claims failure to act or for unequal treatment or offenders. Apolicy statement will not insulate an employers that ignores sexual harassment charges or obvious situations, or that fails to follow its own policies or procedures.
Anyone who supervisw needs to have some basic education in a number of employee relations areas, including sexual harassment . They also need to have an interpersonal of behavior awarness component in their training. All supervisors and managers should have a fundmental knowledge of equal opportunity and affirmiative action issues, the provisionsof TitleVII and its impact on the workplace. Basic information of human resources policies will also help managers. Supervsiors and managersshould understand what sexual harassment is and what it is not from both legal and practical point of view.
Human resources professionals and line managers are frequently in a position to hearthe latest corporate gossip. While we all know the exaggeration and elaboration are the gossipers stock in trade we also know that there is usually a kernel of truth inside the mass of rumor and innuendo when whispers have to do with possible sexual harassment, particularly when same players are featured again and again, the employer ignores these rumors at its peril. Discreet inquires may well uncover a situation that requires fast and professional intervention.