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Sexual Harassment

SEXUAL HARASSMENT

Sexual harassment is a form of sexual discrimination which defining guidelines were laid out by the Title VII of the Civil Rights Act of 1964(http://www.eeoc.gov/types/sexual_harassment.html). The rules apply to business’ that have 15 or more employees and this applies to both federal and local governments. The basic description of sexual harassment in the workplace is: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment” (http://www.eeoc.gov/types/sexual_harassment.html). It is a huge problem that takes place throughout business’ across the world. It started to take place when women claimed their place in the work force; this involved their interaction with men at the workplace. Even though the acts are usually directed toward women it can also be the other way around. The victim does not have to be of the opposite sex, there are some cases with same sex sexual harassment. In 2008 there were 13,867 cases of sexual harassment that were reported in the United States. Only 15.9% of that number was actually reported by males. ( http://www.eeoc.gov/types/sexual_harassment.html). A person can also be considered sexually harassed even if the actions were not directed towards them. If they see or hear something and find it offensive then it is still considered sexual harassment. (http://www.sexualharassmentsupport.org/). There are two different types of sexual harassment that can occur. The first is referred to as quid pro quo, and the other is considered hostile environment. ( http://www.employer-employee.com/sexhar1.htm). Quid pro quo involves a supervisor looking for a sexual favor or something of the sort for the person to gain benefits and economic gain. (http://www.stopvaw.org/Quid_Pro_Quo_Sexual_Harassment.html). Where as the hostile environment sexual harassment relates more to sexual advances, requesting sexual favors, and verbal or physical acts of sexual nature (http://www.lectlaw.com/def/h016.htm).” Organizational climate for sexual harassment and job gender context are critical antecedents of sexual harassment; harassment, in turn, influences work-related variables (e.g., job satisfaction); psychological states (e.g., anxiety and depression); and physical health”( Antecedents and consequences of sexual harassment in organizations: A test of an integrated model.).

  Some examples of sexual harassment include the following:

 Unfulfilled threats of sexual acts;  Talking about sexual activities;  Telling inappropriate jokes;  Unnecessary or unwanted touching;  Making criticism about physical appearance;  Showing sexually suggestive pictures;  Using sexually discriminative terms, i.e. “Babe”;  Use of inappropriate gestures;  “sabotaging the victims work”( http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm);  Being a part of “hostile physical conduct”;  Giving bonus’ or raises due to sexual favors  Using crude and inappropriate language; (List was provided through http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm). The best way to minimize the occurrence of sexual harassment in the workplace is to encourage all the instances that occur to be reported to the company. Then the company can investigate the case and prosecute the offender, this will discourage others from sexually harassing in the work place. The EEOC will investigate the entire situation, both individuals’ backgrounds, the problem that occurred, the surrounding circumstances and gain an understanding of the incident. (http://www.eeoc.gov/types/sexual_harassment.html). When it comes to being able to personally stop sexual harassment it becomes harder. The suggested procedure to take first of all is to tell the harasser that the actions are unwelcome and uncomfortable. (http://www.eeoc.gov/facts/fs-sex.html). Secondly, the victim should go to the company and let the company deal with the issue since they have more power. On June 26, 1998 the Supreme Court made employers more reliable for all cases of sexual harassment. (http://www.employer-employee.com/sexhar1.htm). Basically the employer can no longer use the excuse of ignorance to the problem of sexual harassment. The employer cannot say that the employee did not inform them of the problem or that they were not aware of the perpetrator’s inappropriate behavior. ( http://www.employer-employee.com/sexhar1.htm). The Supreme Court provided a test that would help decide whether or not the company is liable or not. The test only has two parts to it. Part one is that the employer must show that they took reasonable action to help prevent and correct any sexual harassment that has taken place in their business. Part two is the employee was unable to take advantage of the help that the company provides for victims (http://www.employer-employee.com/sexhar1.htm).

Uncertainty and Denial (http://www.sexualharassmentsupport.org/). One of the problems with sexual harassment being identified is that many people are uncertain what encompasses actual sexual harassment. A lot of people are unable to identify and describe what actually happened to them. (http://www.sexualharassmentsupport.org/). “A rape victims knows when they have been raped, but a sexual harassment victims often do not understand what they are experiencing, or even why they are hurt by it” (http://www.sexualharassmentsupport.org/). There are many different underlying effects that could lead to denial of sexual harassment: o Confusion o Embarrassment o Victim-Blaming o Guilt o Shame o Denial o Minimizing o Fear o Adaptation o Numbing o Triggers o Invalidation o Same-sex harassment o Masculinity This list was provided on (http://www.sexualharassmentsupport.org/). Avoiding Sexual Harassment Lawsuits Many business’ can run into problems with lawsuits because of sexual harassment. Even if they have done everything in their power to help protect their employees they may still be penalized in the courts. So the first thing that a company can do to help avoid that sticky situation is to have a sexual harassment policy in place, and if the company does not have one they need one. The best policy to go with is a zero tolerance policy. This way there can be no misunderstandings when the harasser tries to wiggle out of trouble. The next thing that a company can do is make sure that there are several avenues that a victim can take once they have been victimized. Examples of this tactic is having hotlines for them to call, possibly contacting the human resources department or a supervisor. It is important for the company to assure their employees of their security against harassment. The third policy goes along with the first; make sure that every single employee has sexual harassment training. Whether it’s just a series of videos or if it is an interactive program, informing employees about sexual harassment is important. For example due to the accusations made toward Arnold Schwarzenegger the policy in California changed. He was accused of groping sixteen different women in the workplace. Since he was in power as a governor he was able to change the policy. Now any company with 50 or more employees MUST provide sexual harassment training (Who’s Harassed Now?). Next the company can do an annual sexual harassment survey among the employees. This way the company will be informed of what is going on, or at least what is being admitted. Also this way the employees feel that the company is doing something about it. Another action the company can take to minimize the lawsuits is to investigate completely and thoroughly any accusation that is made. Again this makes the employees feel safer. The company needs to make sure that they treat the same sex sexual harassment the same as regular sexual harassment. Companies need to make sure that they do not alienate people just because it was a same sex incident. Documenting everything about a case is vital, this way nothing can be brought up against the company later on in court. Lastly, companies need to make sure they stress to all of their employees that it is mandatory for them to report all experiences they have been a part of or witnessed. (http://www.employer-employee.com/sexhar1.htm).

WORKS CITED

Retrieved May 4, 2009, http://www.eeoc.gov/types/sexual_harassment.html

(Retrieved May 4, 2009, http://www.eeoc.gov/facts/fs-sex.html

Retrieved May 4, 2009, http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm

Retrieved May 4, 2009, http://www.sexualharassmentsupport.org/

Retrieved May 4, 2009, http://www.employer-employee.com/sexhar1.htm

Retrieved May 4, 2009, http://www.stopvaw.org/Quid_Pro_Quo_Sexual_Harassment.html

Retrieved May 4, 2009, http://www.lectlaw.com/def/h016.htm

Stockdale, M. S. (1996). Sexual Harassment in the workplace; perspectives; frontiers, and response strategy. Sage: Thousand Oaks.

Welch, M. (2009). In Who's Harassed Now? (Vol. 40, 10th ed.)

Fitzgerald, L. F., Drasgow, C. F., Gelfand, M. J., & Magley, V. J. (1997). Antecedents and consequences of sexual harassment in organizations: A test of an integrated model (Vol. 82, 4th ed.). Journal of Applied Psychology