Sexual Harassment 101 Essay, Research Paper
History & A; the Law Under Title VII of the Civil Rights Act of 1964, Sexual torment is a signifier of sex favoritism. Federal jurisprudence every bit good as assorted province fair-employment Torahs prohibit employers with 15 or more employees from handling members of one sex or race otherwise from members of the opposite sex or another race in footings, conditions, or privileges of employment. The statutory and regulative Torahs govern the full employment procedure from pre-employment activities such as recruiting, through an employee’s calling with the organisation, including expiration. The prohibition against sex favoritism imposes duty upon employers to afford their employees an environment free from sexual torment and from the fright that it may happen. The Equal Employment Opportunity Commission ( EEOC ) can register cases on behalf of victims of sexual torment, adult females who take their accusals to tribunal face even bigger obstructions than mere public disapproval. The legal procedure is long and cumbersome – it can be old ages from the first ailment to the concluding finding of fact and in the interim, the adult female is in a legal, professional and frequently fiscal oblivion. Womans are non entitled to roll up amendss under the Civil Rights Act – merely back wage; so many adult females don’t see this procedure as worth the problem. Even those, nevertheless, who do f
ile a complaint and win a harassment case, may feel lost. Though, Title VII offers reinstatement to previous job, the individual may be shunned or harassed by co-worker thus making conditions even more uncomfortable than they were beforehand. Common law tort lawsuits, such as intentional infliction of emotional distress and assault and battery, provide a remedy in certain types of sexual harassment cases that is totally dependent of any of the statutes and governmental agencies. However, the solutions proposed might seem comprehensive in plans to lessen sexual harassment in the workplace and punishment of harassers, women still face formidable obstacles in preventing harassment from continuing. The proposed measures fail to cover all aspects of harassment, though the truth is, it is virtually impossible to formulate a plan to do so. Anti-harassment policies in the workplace can significantly lessen the occurrences of harassment by co-workers, but in reality, corporate policies are only as good as the supervisors that enforce them. Evidently, sexual harassment has manifested itself into the everyday work environment, and has now unfortunately become a common occurrence for some women. Though government procedure countering this problem has improved considerably over the past few years, as long as there are women in the work force, they will inevitably be subjected to the torture that is sexual harassment.