Sexual Harrasment Essay, Research Paper
SEXUAL HARASSMENT Sexual Harassment is a form of sex discrimination, under New York State human rights law Title VII of the federal civil rights act in 1964. Sexual Harassment can take many forms, including request for sexual favors, unwelcome sexual advances or other unwelcome verbal, physical, or visual conduct of a sexual nature made eitherexplicity or implicity. This illegal conduct may occur in housing or publicaccomomadation, training programs, hotels, restaurants, most often it occurs in the workplace. the Equal Employment Opportunity Commission, which was created by the act, issued rules in the 1980’s stating that an employer must provide a workplace free from sexual harassment or intimidation. Employees who have been subjected to sexual harassment can file suit in civil courts against employers. There are steps they need to follow before they can file a complaint. First you need to see if there are signs of sexual harassment. There are two categories called Something for Something or Quid Pro Quo and Hostile Environment. Quid Pro Quo occurs when employment, decisions, hiring decisions, promotions, salary increases, changes in work assignments, performance expectations are based on a employees denial or willingness to grant sexual favors. Such conduct may includedemanding sexual favors in exchange for a promotion or raise, discipling or firing a employee who ends a romantic relationship. Request for sexual favors (date) and threatning they could lose their job, performance evaluation, or promotion if they sayNo. Hostile Environment occurs when unwelcome sexual advances, jokes, suggestive remarks or comments, physical touching or display of objectionable materials in the workplace. The actions rise to the level of creating an offensive or hostile environment. Constant brushing against a persons body, changingperformance expectations or treating an employee differently after a subordinate refuses repeated request for a date, repeatedly asking a co-worker out for a date, unecessary touching or patting. There are many things you can do if you feel you are a victim of sexual
harassment. Here are some steps you need to follow if you are being sexually harassed. First is to be able to respond. Say No the 1st time, deal with the persons or problem promptly and say NO. Say it firmly without smiling,without apologizing. Tell the person you do not approve of the actions and insistance and you want he or she to stop.Tell the harasser that you object to this behavior. Describe the specific things which offend or upset you. Second step is to record. Save any letters, cards, or notes sent to you. Keep both the diary andnotes in a secure place. Third step is to report the offensive behavior to your employer through the Affirmative Action Administrator, Personnel Director, EEO Officer or union representative, or other people designated to Handle Sexual Harassment complaints keep notes concerning this contact (ex) dates, nature of conversation, and follow if any. After all this you may file a complaint. In order to file a complaint you must contact the New York State Division of Human Rights. You may file a complaint with the office of Sexual Harassment Issues (OSHI) of the NYSDHR within a year of the discrimination. When your complaint is accepted for filing, OSHI will explain the option available to you including those pertaining to confidentiality. You have a legal right to complain to your employer and/or to OSHI without fear of retaliation from your employer. The law covers harassment of Women by Men, Men by Women and harassers of Women or Men by persons of the same sex. Parents or guardians can file on behalf of a minor. OSHI serves all of NYS. The offices of sexual harassment are in Brooklyn, but they serve all of around the country. When filing a complaint don’t hold back information, bring relevant document with you. If you have witnesses provide name, adress and telephone number. What you bring to intake determines the outcome of the investigation as well as the speed and scope. You must be prepared to answer these questions: What happened? When did it happen? why did it happen? Who else was treated the same as you? Who was treated better? Who witnessed the discrimanatory acts? If you follow these steps justice will be served for you.