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DiscriminationSexual Harassment
Sexual Harassment is a well-known term in the workplace.After a number of media-driven cases of sexual harassment and the rise in the number of sexual harassment claims, employers must be cautious regarding this matter.Unfortunately, Sexual Harassment is not a black-and-white issue; there are many shades of gray when determining whether sexual harassment has occurred.The purpose of this paper is to discuss the laws surrounding sexual harassment.
Many people are confused about sexual harassment laws and what constitutes sexual harassment.Some of this confusion is derived from the world outside of the office buildings, oozing a sexually charged environment.Sex and sensuality is everywhere we look, from magazines to billboards to TV and movies.However, talking about issues of a sexual nature is strictly prohibited in the workplace.Most, if not all, employers have adapted a sexual-harassment policy to protect themselves from expensive and lengthy lawsuits.
The problem still remains, however, that most people don't know what can be construed as sexual harassment.Unfortunately, the laws and legislation haven't clearly defined this either.They have, instead, provided guidelines for such cases.Each situation must be evaluated on a case-by-case basis to determine whether sexual harassment has indeed occurred.
Under the law, Sexual Harassment is governed by Title VII of the Civil Rights Act, stating that sexual harassment is a form of gender discrimination.For example, if a male supervisor requires sexual favors from a female employee and is not subjecting his male employees to the same requests, it is a form of gender discrimination.However, same sex harassment can also occur and be subject to punishment.An amendment to the Civil Rights Act in 11 states that employees who fall victim to sexual harassment have the right to jury trials and compensatory and punitive damages.
Sexual Harassment has been broken into two categoriesQuid Pro Quo and a Hostile Work Environment.The Quid Pro Quo encompasses situations in which an employee is subject to arequest of sexual favors as a condition of employment or workplace benefits.The Hostile Work Environment form of sexual harassment is one in which "…the harasser creates an offensive or intimidating environment for the harassee" (Bennett et. al. 001).For both cases, the advances or harassment must be unwelcome and non-consensual to constitutes sexual harassment under Title VII.In addition, generally one isolated incident does not constitute harassment (unless extremely serious); several incidents after objections are generally the stronger case for sexual harassment.
The Quid Pro Quo is the more cut-and-dry form of sexual harassment.The harasser can blatantly or indirectly imply that the employee's job or future promotions or benefits are at stake if he/she does not submit to the sexual request.This request does not have to be the act of sex itself, but can be anything sexual or suggestive in nature.In addition, the employee's benefits or job might not be threatened, but instead a reverse Quid Pro Quo can occur in which the harasser promises benefits if the employee submits.Either request is a form of the Quid Pro Quo sexual harassment.
The Hostile Work Environment is harder to decide whether sexual harassment actually occurred.While there are not specific standards, there are guidelines that are used to determine whether an employee's rights are violated.First, the conduct must be unwelcome.In addition, the harassment must also be severe or pervasive in nature and must be based on gender.The severe or pervasive requirement is determined by utilizing the "reasonable person standard" or the "reasonable victim standard".This perspective determines whether a reasonable person or reasonable victim would find the environment and conduct severe or pervasive.
Hostile Work Environment claims do not necessarily have to involve sex or a sexually-charged environment.Other gender-based discrimination can constitute a sexual-harassment claim.For example, anti-woman or pro-man comments can lead to a Hostile work environment.Consistent comments such as "Women belong in the kitchen" or "Men are better suited for this job" can constitute a sexual-harassment claim.
In most cases, employers are liable for sexual harassment within their organization, whether they know it is going on or not.In a case of a supervisor harassing a subordinate, the employer can be held responsible even if they have no knowledge of the behavior.The law views supervisors or managers as a representative of the company; therefore the employer can be forced to pay on sexual-harassment claims.In cases in which a lateral employee harasses his/her peer, the employer can be held liable if they had knowledge and did not remedy the situation.
Generally when deciding cases of sexual harassment, judges or juries take into consideration all of the circumstances surrounding the claim.Five factors can be considered when evaluating a case.First is the inherent plausibility of the case, or whether or not it makes sense.Next is the demeanor of the persons involved to determine whether they are being truthful in their statements.The judge or jury, with the assistance of the attorneys during trial, will also determine whether the person has a reason to lie, or a motive to falsify.They will also consider any corroborating evidence, such as witness testimony or physical evidence.Finally, the past record of the accused will come into question to determine a pattern of sexual harassment.All of these factors must be considered to fairly determine whether sexual harassment has occurred.
Even with all of the media covering sexual-harassment cases and the increased awareness of sexual-harassment, there are still a large number of cases reported each year.In 00, 14,6 cases of sexual harassment were reported to the EEOC (www.eeoc.com).This does not take into consideration the number of incidents that go unreported.Sexual Harassment, although confusing to many, must be dealt with immediately by employers to protect themselves.Employers must be proactive in developing and enforcing a sexual harassment policy.These policies will benefit all involved, providing a safer and more relaxed work environment.
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