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Its hard enough to have and hold a job these days. But when an employer or co-worker mistreats you -- for example, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct -- you are on even shakier ground.It can be reassuring to know that you have some legal protections on your side to help level the working field. This paper will discuss the employment law topic, Sexual Harassment.First I will summarize the statutes of the law.Then the components of the major court decisions that have helped define the application of the statutes.Finishing with recommendations to management to assure that an employer is in compliance with all aspects of the law.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 164 (EEOC). Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates an intimidating, hostile or offensive work environment (EEOC).
Sexual harassment can occur in a variety of circumstances, including but not limited to the following1. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex (EEOC). . The harasser can be the victims supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee (EEOC). . The victim does not have to be the person harassed but could be anyone affected by the offensive conduct (EEOC). 4. Unlawful sexual harassment may occur without economic injury to or discharge of the victim (EEOC). 5. The harassers conduct must be unwelcome (EEOC).
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Laws recognize two types of employment-related sexual harassment (1) quid pro quo and () hostile environment (Bennett-Alexander & Hartman 508). Quid pro quo harassment occurs when a person in authority requires sexual favors from an employee in exchange for a job advantage, such as getting hired or promoted or not getting fired (Bennett-Alexander & Hartman 56). Quid pro quo is a Latin phrase meaning one thing in return for another (Bennett-Alexander & Hartman 56).
In hostile environment harassment, the offender does not demand an exchange. Instead, a pattern of behavior makes the victims job so unpleasant that the persons work is affected (Bennett-Alexander & Hartman 55). The harassment may consist of asking sexual favors, making sexual comments, telling sexual jokes, or displaying pornographic pictures (Bennett-Alexander & Hartman 55).
Statutory basisIt shall be 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 individuals sex [gender]…. 4 U.S.C. 000e(a) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment, () submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or () such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating , hostile, or offensive working environment.C.F.R. Section 1604.11 (a) (Bennett-Alexander & Hartman 4).
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available (EEOC).
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
When investigating allegations of sexual harassment, EEOC looks at the whole record the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred (EEOC). A determination on the allegations is made from the facts on a case-by-case basis (EEOC).
Sexual harassment in the workplace presents an ongoing and growing risk to businesses operating in the United States. Today, the time is right for businesses to begin to manage their risk in this area more wisely. Preventing sexual harassment in the workplace requires a considerable investment of time and personnel. In the end, however, these costs will be offset by significant savings in legal fees and health-care costs. Companies will also benefit from increased worker productivity. From a purely business perspective, a company only stands to gain if it takes a no-nonsense, hard-line position on sexual harassment. Not only is it the right thing to do, it is the smart thing to do.
Works Cited
Bennett-Alexander, Dawn B., and Laura Pincus Hartman. Employment Law for
Business. rd ed. [University of Phoenix Custom Edition e-text]. Burr Ridge, IL
McGraw-Hill/Irwin. 00.
The U.S. Equal Employment Opportunity Commission. 1 September 00.
http//www.eeoc.gov.
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