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Sexual Harassment in the Workplace Became Highly Publicized in 1975

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Sexual Harassment in the Workplace The phrase “sexual harassment” became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines. Harassment in the workplace is an increasing problem, which many employees do not know how to deal with. Harassment based on sex is a violation of Title VII of the Civil Right Act 1964.

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Title VII states, “Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title VII. ” (Coldfelter) Sexual harassment is categorized as a form of sexual discrimination, which constitutes this behavior as illegal under existing federal and state laws. To enforce these laws, Congress has mandated federal agencies accountable for ensuring the full compliance of workplaces and educational establishments.

The Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII and to investigate allegations of discrimination. In November 1980, the EEOC published specific guidelines on sexual harassment, which lucidly states that sexual harassment is a form of sexual discrimination. The EEOC uses a very complex definition, but everything in regards to sexual harassment is covered within the confines of these guidelines. These guidelines cover many key points. These key points, plus court decisions provides the legal efinition of sexual harassment and spell out the rights and responsibilities of employers and employees. Section A of the guidelines states, that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment. Examples include either when such behavior is explicitly or implicitly part of a manager’s decision to hire or fire an employee. When submitting to sexual conduct is a term or condition of employment, this conduct is illegal whether it is outright visible or implied.

When such one uses sexual behavior in order to make other employment decisions such as pay, promotion, or job assignment any time an employment decision is based on whether an employee submitted or refused to submit to some form of sexual conduct, it is prohibited. In each case, the conduct is classified as Quid Pro Quo or a favor/ advantage granted in return for something, which is sexual harassment. Individuals in positions of power offer some kind of tangible job benefit for submission to sexual harassment. The courts usually hold the employers strictly liable for this type of behavior.

Section A also addresses hostile environment sexual harassment. Harassment is able to make a work place intangibly also, if the atmosphere becomes so negative that it affects the employee’s ability to do their job, it is illegal. Examples include, when such behavior has the purpose or effect of unreasonably interfering with the employee’s work performance. When such behavior creates an intimidating, hostile, or offensive work environment are also primary examples. Section B of the guidelines states, that each claim of sexual harassment should be examined on a case-by-case basis.

Cases may vary depending on the individuals involved and past histories. Consideration must also be given to the context in which the behavior took place. The nature of the sexual behavior, as well as the record as a whole must be considered also. Section C and D addresses the employer’s liability. Section C states, the employer may be held “strictly liable” for harassment by supervisors, whether they were aware of the harassment or not. Employers are still liable, even if there was a company policy prohibiting this type of conduct.

Section D states, the employer is liable for co-worker harassment when the employer is cognizant of the behavior and fails to take immediate and appropriate action. The term “strictly liable” only applies in Quid Pro Quo situations, in which tangible job benefits were affected. In hostile environment situations, employers are granted the opportunity to take appropriate action before they will be penalized. Section E states, the employer may be held responsible for sexual harassment of its employees by people who are non-employees, such as customers. These cases are only reviewed when employers are aware of the sexual harassment wrongdoing.

In these cases, the employer’s control of the situation is examined closely, before litigation is considered. Furthermore, section F and G are the last two sections of the EEOC guidelines. Section F states, employers are required to take all necessary steps to prevent sexual harassment from occurring at their worksites. Employees are required to read and understand company policy statements in regards to sexual harassment. They are also required to train all employees on sexual harassment issues. Employers are also required to explain all grievance procedures to employees.

Section G states, if one employee submits to sexual requests and gains benefits, other employees, equally well qualified, may sue based on sex discrimination for not being allowed those same benefits or opportunities. (Curtis) These are the guidelines for the EEOC, the 1964 Civil Rights Act is worded slightly different, and the courts may say something in between both. The best indicators of illegal sexual harassment are if the behavior meets this general criterion. Does the behavior occur because of a person’s sex, or is it related to or about sex. Is the behavior unwelcome, not returned, or not mutual?

Does the consequence affect the terms or conditions of employment, including the work environment itself? Guidelines can become very complicated, but if the behavior falls into one of these criterions, then the behavior constitutes illegal sexual harassment. Here are some informative websites to reference to find out more on sexual harassment. Title VII of the Civil Rights Act of 1964 establishes the rule that sexual harassment is a form of sexual discrimination as stated earlier. The U. S. Equal Employment Opportunity Commission guidelines are outlined more in detail.

What is ones role as an employee, and how can one prevent sexual harassment? Occasionally individuals will use sexual harassment for malicious reasons. An associate had problems with her boss; at work their working relations were poor. My associate disclosed to me, “I am going to act like I like my boss and get him to come on to me. When he does I will get him for sexual harassment. ” After pleading with my associate, she vacillated away from her malicious intent. This is why in all dealings, remaining professional is the best course of action. Sexual harassment injunctions are mandatory.

Sexual harassment is a major problem in the world. Women as well as men have experienced mental and physical torment from sexual harassment advances. In most cases it is warranted, but in some cases it can be used as a malicious act to get back at someone. Sexual harassment in the workplace can range from subtle things like the climate of a workplace, to sexual assault and rape. Victims of chilly climate are harassed in an indirect manner. They may not be appointed to important committees; therefore they do not receive viable information about training opportunities.

Due to this they are not considered for promotions because of their family responsibilities. The type of sexual harassment is hard to track, but still may significantly affect victims career paths. (“Facts about Sexual Harassment”) Many situations constitute sexual harassment. The victim as well as the harasser may be a woman or a man, and the harasser may or may not be of the opposite sex. The harasser may be the victim’s superior, an agent of the employer, and supervisor not within the victim’s chain of command, co-worker, or a non-employee.

Victims do not necessarily have to be the person harassed; they could be anyone who has a psychological affect from the offensive act. Most importantly the harasser’s conduct must be unwelcome. Sexual harassments victims should first inform the harasser that their conduct is unwelcome and must stop. If the harasser continues the behavior then the victim should utilize any employer complaint mechanism or grievance system available. The Human Resources department is the best section to seek assistance. If your company does not have a Human Resource section, consult with your supervisor for assistance first.

If your supervisor is the harasser, seek assistance from his/her supervisor. The rate of sexual harassment has remained consistent over the years; it has not diminished, even with increased publicity and education. Most sexual harassment victims are women in inferior positions, who work for man in superior positions. Most women cannot afford to resign from their job. In most cases, they tolerate the sexual harassment. Victims who complain are often punished and treated as incredulous individuals. Sexual harassment problems usually occur between individuals, but sometimes these problems can be attributed to the organizational climate.

Numerous sexual harassment cases are reported in an environment in which employees perceive that management does not take victims seriously. Victims become scared because, management takes punitive measures against then for speaking out. Displaying a pornographic picture at your workstations is also considered sexual harassment. In the first Robinson v. Jacksonville Shipyards case in January 1991, the Sixth U. S Circuit Court of Appeals in Florida ruled that a nude pinup in the workplace was a violation of sexual harassment.

In this case, a female shipyard welder accused her employers of posting pictures of nude and partly nude women in common areas of the workplace. The judge ruled that this atmosphere was a visual assault on the sensibilities of female workers. The judge also ruled that this type of atmosphere had the effect of keeping women out of shipyard employment. Because of this ruling, shipyard administrators were required to institute a sexual harassment policy written by the National Organization for Women’s Legal Defense and Education Fund.

The judge ordered the shipyard to pay the victim legal compensation, but the shipyard was not required to pay the victim for lost time from work. The victim pleaded to the judge that she had missed workdays do to strain of harassment, but under Title VII, no other damages were available. (“Title VII of the Civil Rights Act of 1964”) In another case, Ellison v. Brady in January 1991, the court established a new legal standard, called the “reasonable woman” standard. This case provided important guidance for employers. Before this case, the appropriate disciplinary method for harassment was to counsel the harasser.

Instructing the harasser to leave the victim alone and possibly transferring the victim to another department. The court disagreed with this being the primary method of discipline. The courts found fault with employer is not consulting the victim about the harasser’s return to the office. They also disdained the employers for not reprimanding the harassers with probation, suspension, or any other type of disciplinary action. The courts also emphasized the fact that the mere presence of an employee who has harassed a co-worker may create a hostile work environment, so that the only feasible action would be to discharge the harasser.

Due to this ruling, managers were required to take preventive steps to protect themselves, their organizations, and their employees. They were required to formulate a clear sexual harassment policy statement and grievance system, spelling out in an employee manual. Explaining that harassment is taken from the victim’s perspective, so employees should be sensitive to the feelings and viewpoints of the co-workers. They were also required to treat sexual harassment as a serious offense. Take prompt and remedial action to correct the situation.

If the situation becomes a problem, the harasser should be disciplined by suspension, demotion, or some other form of concrete punishment. They must also consider whether the harasser must be terminated because their mere presence creates a hostile work environment for the victim. The court also ruled an understanding of the victim’s perspective requires an analysis of the different perspectives of men and women. A female employee may state a prima facie case of hostile environment sexual harassment by alleging conduct that a reasonable woman would consider sufficiently severe, rare hypersensitive employees are an exception.

This reasonable standard theory changes over time. There can be unlawful sexual harassment even when harassers do not realize that their conduct creates a hostile working environment, it all depends on the perspectives of the individuals involved. (Couter) If sexual harassment cases end up in court, the verdict can be very costly for the organizations. Several references have been evaluated; each reference indicated that organizations need an all-inclusive program for sexual harassment. Programs should include as a minimum these six primary elements.

These elements are top management support, posted policy statement, procedures for getting and handling complaints, training for all employees, and follow through. Usually companies are sued major dollars because one of these elements was missing. (“Confronting a Growing Problem”) In most organizations the atmosphere or culture of that organization is determined from top management. The attitude taken and displayed by the leaders of the organization must be that sexual harassment is a serious problem that interferes with productivity.

If leaders conduct themselves in that manner, other members of the organization will follow. On the other side, if leaders refuse to acknowledge, overlook, and trivialize, it can actually contribute to more sexual harassment problems within the organization. When top management is perceived as making the prevention of sexual harassment a top priority, organizations are more likely to offer training programs, and encourage the reporting of formal and informal reports. A posted policy statement regarding sexual harassment is critical to the success of preventing sexual harassment. This policy must be written and post.

Verbal policies and posted policies are not policies. Policies can be distributed in various ways; posting in employee handbooks is the most widely used. Posting policies on company bulletin boards, distributing during workshops or seminars, and including policies in orientation materials for new employee are widely used also. A good policy should explicitly address sexual harassment and should be more specific than a general anti-harassment or nondiscrimination policy. (Schickman) A sound procedure for getting and handling complaints must be established within the organization.

A good system allows victims to get complaints out into the open, so the appropriate people can resolve them. Effective procedures require the organization to handle the complaints first, before external agencies are consulted. Complaint systems should be flexible, ensuring victims have more than one person or office to address complaints. A chain of command system is an un-reliable approach when formulating a complaint system. Immediate supervisors are either the harasser or the friends of the harassers, so this may prevent a complaint from getting out in the open.

Victims should be allowed to go around or above their supervisors when filing sexual harassment complaints. Employees should have the option of complaining to the supervisor or to any of several others designated individuals. To determine how an organization will handle a complaint, you need to look at how that organization handled that complaint in the past. Was the complaint handled quickly, so the people involved knew they were taken seriously. Was enough time spent investigating complaints, or were they just rushed through. Were investigations fair for all parties involved.

Using past investigations, you as an employee have a guide to use in order to establishing effective ways to handle complaints. (Stein, Sjostorm) Most people do not know they have committed sexual harassment until someone has complained. The real problem is that people are not educated about what sexual harassment is, and what they should or should not do. Proper sexual harassment training in most cases will alleviate these problems. A sound training program should consist of a series of presentations and workshops for all employees.

The training should be divided into three levels, executive-level management, supervisory-level, and general-level employees. Training should emphasize behavioral change first and attitudinal changes second, because behavior changes are required when one sexual harasses. To be most effective, the training should be part of the larger, overall effort including the policy statement, disciplinary action, and management support. Follow up and follow through require you to think, and make sure all loose ends are tied up. Many companies make the mistake of not following up on sexual harassment programs implemented.

They assume that once the sexual harassment program is established and implemented, it done, finished, and completed. All member of the workplace need to remember to conduct training on an annual basis and keep up with the training necessary to prevent sexual harassment. They need to ensure that new employees are trained as part of their employee orientation. If employees are promoted to supervisory positions, managers need to ensure they receive the proper level of training. Most importantly, ensure they know sexual harassment will not be tolerated at their company. Webb) As one ventures into a workplace, they face the opportunity to be confronted with sexual harassment situations and need to know how to handle it. Title VII of the Civil Rights Act of 1964, provides a good description of sexual harassment. It also categorizes sexual harassment as an illegal act. The Equal Employment Opportunity Commission was established to enforce Title VII and to investigate allegations of discrimination. The EEOC established guidelines outlined in seven sections, explaining what is required for employees and employers.

Some sexual harassers are guilty and not cognizant of their actions. Sexual harassment does not have to be direct it may come indirectly. Pinups of nude or partly nude women are also a violation of sexual harassment. The courts handle sexual harassment cases in various ways. As depicted in the Robinson v. Jacksonville and Ellison v. Brady cases, the judge ordered the organizations to fix the problems, and prevent them from happening again. As co-workers we need to be very sensitive to victims of sexual harassment.

Sexual harassment can be a traumatic experience for victims; most importantly managers need to have a sound program in place to prevent sexual harassment. A sound program has as a minimum six elements, top management support, a posted policy statement, procedure for posting and handling complaints, training for all employees, and follow up. These elements are critical to avoiding major lawsuits, and preventing sexual harassment in the workplace. Work Cited Clodfelter, Tammantha A. , et al. “Sexual Harassment Victimization During Emerging Adulthood. ” Crime and Delinquency 56. (2010): 455-81. SAGE Journals Online. Web. 27 Nov. 2012. “Confronting a Growing Problem. ” Techniques: Making Education & Career Connections 72. 4 (1997): n. pag. Academic Search Premier. Web. 29 Nov. 2012. Coulter, Ann. “Now Apply NOW Law to Clinton. ” Human Events 54. 42 (1998): n. pag.

Academic Search Premier. Web. 29 Nov. 2012. Curtis, Liz. Making Advances: What You Can Do about Sexual Harassment at Work. London: BBC, 1993. Print. Schickman, Mark I. “Sexual Harassment: The Employer’s Role in Prevention. ” American Bar Association. N. p. , n. d. Web. 27 Nov. 2012. <http://www. mericanbar. org>. Stein, Nan D. , and Lisa Sjostrom. Flirting or Hurting? Washington: NEA, 1994. Book file. U. S. Government. “Facts about Sexual Harassment. ” U. S. Equal Employment Opportunity Commission. N. p. , n. d. Web. 27 Nov. 2012. <http://www. eeoc. gov/index. cfm>. – – -. “Title VII of the Civil Rights Act of 1964. ” U. S. Equal Employment Opportunity Commission. N. p. , n. d. Web. 27 Nov. 2012. <http://www. eeoc. gov/laws/statutes/titlevii. cfm>. Webb, Susan L. Step Forward: Sexual Harassment in the Workplace: What You Need to Know. 2nd ed. New York: Master Media, 1997. Print.

Outline: * Introduction: * History of Sexual Harassment * “The phrase “sexual harassment” became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines” * Thesis * Harassment in the workplace is an increasing problem, which many employees do not know how to deal with. * Point One What is Sexual Harassment? * Title VII of Civil Rights a)

It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. * Categorization Sexual harassment is categorized as a form of sexual discrimination, which constitutes this behavior as illegal under existing federal and state laws

* EEOC Guidelines * The Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII and to investigate allegations of discrimination. * Sections of Guideline: * Section A that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment && hostile environment sexual harassment. Section B each claim of sexual harassment should be examined on a case-by-case * Section C employer may be held “strictly liable” for harassment by supervisors, * Section D employer is liable for co-worker harassment when the employer is cognizant of the behavior and fails to take immediate and appropriate action

* Section E the employer may be held responsible for sexual harassment of its employees by people who are non-employees, such as customers * Section F employers are required to take all necessary steps to prevent sexual harassment from occurring at their worksites. Section G if one employee submits to sexual requests and gains benefits, other employees, equally well qualified, may sue based on sex discrimination for not being allowed those same benefits or opportunities * Point 2 Situations * Associate Examples – when someone says they want to do something in order to get someone in trouble for sexual harassment * Range * Subtitle climate, jokes * More Serious Sexual Assault & Rape * Sexual Harassment can happen with the opposite and same sex * Point 3 What to do when it happens Inform the harasser – Tell the person what they are doing is making you uncomfortable and is not acceptable

* Report * Superior * Human Resource * Robinson v. Jacksonville Shipyards * Issue female shipyard welder accused her employers of posting pictures of nude and partly nude women in common areas of the workplace. * Result shipyard administrators were required to institute a sexual harassment policy written by the National Organization for Women’s Legal Defense and Education Fund. * Ellison v. Brady * Issue the appropriate disciplinary method for harassment was to counsel the harasser.

Instructing the harasser to leave the victim alone and possibly transferring the victim to another department. * Result formulate a clear sexual harassment policy statement and grievance system, spelling out in an employee manual * Point 4 Prevention * Policies * A posted policy statement regarding sexual harassment is critical to the success of preventing sexual harassment. * This policy must be written and post. * Verbal policies and posted policies are not policies. * Sound Procedures * Getting and handling complaints must be established within the organization. A good system allows victims to get complaints out into the open, so the appropriate people can resolve them. * Effective procedures require the organization to handle the complaints first, before external agencies are consulted. * Educate Employees * consist of a series of presentations and workshops for all employees.

* The training should be divided into three levels, * executive-level management, * supervisory-level * general-level employees * Training should emphasize behavioral change first, and attitudinal changes second, * Conclusion : Restate Thesis Harassment in the workplace is an increasing problem, which many employees do not know how to deal with. * Cover : * Title VII of Civil Rights * EEOC * Direct & Indirect * Court Cases Annotated Bibliography Clodfelter, Tammantha A. , et al. “Sexual Harassment Victimization During Emerging Adulthood. ” Crime and Delinquency 56. 3 (2010): 455-81. SAGE Journals Online. Web. 27 Nov. 2012.

* A Journal article on three types of sexual harassment on a college campus, the nature of reporting, and whether routine activities and self-control theories effectively explain sexual harassment Confronting a Growing Problem. ” Techniques: Making Education & Career Connections 72. 4 (1997): n. pag. Academic Search Premier. Web. 29 Nov. 2012. * Presents notable workplace sexual harassment court cases in the United States Coulter, Ann. “Now Apply NOW Law to Clinton. ” Human Events 54. 42 (1998): n. pag. Academic Search Premier. Web. 29 Nov. 2012. * Reviews case law on single-incident sexual harassment cases in the wake of the Bill Clinton-Paula Jones case Curtis, Liz. Making Advances: What You Can Do about Sexual Harassment at Work. London: BBC, 1993.

Print. * A book that describes what sexual harassment is, why people do it and the many forms that sexual harassment can occur in Gesaman, Krista. “Abuse of Power. ” The Daily Beast. N. p. , n. d. Web. 29 Nov. 2012. * An online article about the increase of male-on-male sexual harassment Heathfield, Susan M. “Sexual Harassment. ” Human Resources. About. N. p. , n. d. Web. 29 Nov. 2012. * An online article that defines sexual harassment , shows examples of sexual harassment, shows polices to prevent and address sexual harassment Langer, Gary. “One in Four U. S.

Women Reports Workplace Harassment. ” ABC News. N. p. , n. d. Web. 29 Nov. 2012. * An online article that shows how often sexual harassment is occurring in the work place without people even realizing it and how it is becoming a common experience among women. Litwin, Anne, and Sophia Hahn. “Combating Harassment. ” Anne Litwin and Associates. N. p. , n. d. Web. 29 Nov. 2012. * An online article that describes sexual harassment by its political definition and a common person definition, which shows how to prevent sexual harassment and how to investigate incidents of sexual harassment.

Mahabeer, Pamela. “Sexual Harassment Still Pervasive in the Workplace. ” AOL Jobs. N. p. , n. d. Web. 29 Nov. 2012. * An online article that explains what harassing behaviors are and how it is a persistent problem for men and women. “Preventing Sexual Harassment in the Workplace. ” NOLO Law for All. N. p. , n. d. Web. 29 Nov. 2012. * An online article that shows the employers responsibility to keep workplace friendly it also explains what sexual harassment is and provides some prevention strategies Schickman, Mark I. “Sexual Harassment: The Employer’s Role in Prevention. American Bar Association. N. p. , n. d. Web. 27 Nov. 2012. <http://www. americanbar. org>. * An online article based on how to create a harassment-free workplace Stein, Nan D. , and Lisa Sjostrom. Flirting or Hurting? Washington: NEA, 1994. Book file. * A Book that describes the difference between flirting and sexual harassment U. S. Government. “Facts about Sexual Harassment. ” U. S. Equal Employment Opportunity Commission. N. p. , n. d. Web. 27 Nov. 2012. <http://www. eeoc. gov/index. cfm>.

* A online website that states 5 main facts about sexual harassment – – -. Title VII of the Civil Rights Act of 1964. ” U. S. Equal Employment Opportunity Commission. N. p. , n. d. Web. 27 Nov. 2012. <http://www. eeoc. gov/laws/statutes/titlevii. cfm>. * An online article that breaks down the Title VII and explains how the act clarifies sexual harassment. Webb, Susan L. Step Forward: Sexual Harassment in the Workplace: What You Need to Know. 2nd ed. New York: Master Media, 1997. Print. * A book that is used as a practical, no-nonsense guide to what sexual harassment is and what each manager, supervisor and employee should do about it.

Cite this Sexual Harassment in the Workplace Became Highly Publicized in 1975

Sexual Harassment in the Workplace Became Highly Publicized in 1975. (2016, Oct 26). Retrieved from https://graduateway.com/sexual-harassment-in-the-workplace-became-highly-publicized-in-1975/

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