The Equal Employment Opportunity Commission (EEOC), under Title VII of the Civil Rights Act of 1964, defines sexual harassment as a behavior of a sexual nature that affects an individual’s terms of employment or creates a hostile and intimidating work environment. According to the EEOC, it is “unlawful to harass a person, an applicant, or employee because of that person’s sex.” (Sexual Harassment) The term “sexual harassment” can be a bit misleading as other forms of work related harassment can take place that have nothing to do with ‘sex’ but do however, fall under the same umbrella. We will look to identify the different types of sexual harassment in the workplace, specifically, ‘Quid Pro Quo’ and what it’s like to work in a ‘Hostile Work Environment’. This paper will focus on the law, woman’s rights in the workplace, and discuss an example from the Supreme Court Case of: Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986). …show more content…
Before looking at the definitions of both situations, it’s important to note that the law applies to all genders, be it male/female, female/female, or male/male. Anyone can be a victim of sexual harassment no matter their sex. Statistics show that “16% of claims are filed by males.” (Ethics) The anxiety and frustration experienced by victims can impact their quality of life not to mention the quality of their work “The harasser can be the employee 's supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual, who is connected to the employee 's work environment, can be accused of sexual harassment.” (Heathfield) The victim in a sexual harassment situation isn’t always alone. Others who witness or overhear a conversation can also take
Sexual harassment by definition is based on conduct of a sexual nature. An article on ENotes.com describes sexual harassment as;
...thin. That is exactly what the U.S. Supreme Court did. They defined that a hostile environment exists when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.” With guidance of the EEOC, The U.S. Supreme Court's ruling was that hostile environment could exist separately from quid pro quo harassment and found Taylor and Meritor Bank guilty. This set the precedence for future sexual discrimination cases.
Shaw describes two types of sexual harassment, “quid pro quo” and “hostile work environment” in both cases the victim can be a man or a woman and in both cases sexual harassment is illegal.
Roberts, Barry S. and Richard A. Mann. ?Sexual Harassment in the Workplace: A Primer.? n.pag. On-line. Internet. 5 Dec 2000. Available WWW:
According to legal dictionary (2013), sexual harassment refers to any form of unwelcome sexual behavior or advances, appeals for sexual errands, and other form of physical or verbal conduct or behavior that portrays sex nature and tends to make the working environment offensive or hostile. Any behavior or remarks that take such forms constitute sexual harassment when: Compliance to such conduct happens either implicitly or explicitly based on employment of an individual, rejection or compliance to such conduct is used to make decisions during employment and when such conduct interferes or affects performance of a person at the workplace. Sexual harassment ta...
In “A distressing summer of workplace sexism reminds us how far we have to go” by Susanna Schrobsdorff, the author states, “according to a Pew Research survey released in August, most American men—56%— think sexism is over and done with. More than half believe that “the obstacles that once made it harder or women than men to get ahead are now largely gone. Of course, most women—63%—disagree” (Schrobsdorff 55). The misbelief that sexism still does not exist allows for the culture in which women continue to only be seen as sexual objects and not competent workers. Ehrenreich describes that, “[you should] watch out for Lon, who has a habit of following his female coworkers into service closets” (Ehrenreich 64). Ehrenreich is warned about a potential harassing employee and that it may happen to you, but most importantly, the behavior is normalized instead of trying to stop it. In “Not Just Fox” by Katha Pollitt, she explains that there is a misconception when it comes to being harassed and it is that, “being harassed is not a matter of weakness; it’s about the enormous power differential between worker and boss” (Pollitt 6). This is further supported by “ a 2015 Cosmopolitan survey, 71% of women said they did not file complaints about sexual harassment, likely because they feared appearing difficult or ‘too sensitive.’And they worry about retaliation and job security” (Schrobsdorff 55). Sometimes the person that is doing the harassing is the supervisor or the manager, when this occurs the victim is left with little options that will not disrupt the workplace. She also runs the possibility of being fired solely to avoid a sexual harassment complaint that she may file against him. Ehrenreich states that, “as a dietary aide, as I understand the job, is dependent on a cook as a waitress is[;] He or she
Quid pro quo sexual harassment occurs when an employee is required to engage in sexual activity in exchange for workplace entitlements or benefits. These benefits can be in the form of promotions, raises or continued employment. It is rather obvious and is not generally difficult to recognize when this type of harassment occurs. (Bennett-Alexander, D. (0040). Employment Law for Business (7th ed). McGraw-Hill Learning Solutions. Retrieved from http://devry.vitalsource.com/books/0077765451/id/P9-141)
Why should Lael get involved in reporting if she has not experienced any of the allegations the other employees are making?
The U.S Equal Employment Opportunity Commission describes sexual harassment as a form of gender discrimination that is in violation of the Title VII of the 1964 Civil Rights Act. Undesirable sexual advances, request for sexual favors, and further verbal and physical conduct of a sexual nature constitutes sexual harassment, when compliance to or refusal of this behavior explicitly or implicitly affects an individual employment (EEOC).
Men that engage in such behavior are obviously morally deficient, and that may not be changeable; but perhaps the Supreme Court's judgment will at least let those same men know that the law considers such behavior morally and legally wrong, and from now on, they must pay for the crime of sexual harassment, regardless of their victim's gender.
KANE-URRABAZO, C. (2007). Sexual harassment in the workplace: it is your problem. Journal Of Nursing Management, 15(6), 608-613. doi:10.1111/j.1365-2834.2007.00725.x
Do people know when and how to report Sexual Harassment? Why do you think some people never report it? There are many different types of Sexual Harassment like sexual abuse in men and women, sexual abuse in the military, workplace, colleges and almost everywhere. It is a huge problem everywhere and the issue isn 't brought up as much because it isn 't reported or people who are behind the assault scare victims into believing that they will be in trouble or are embarrassed. Once more women and men start reporting or even just informing more people of what is sexual harassment is, that way they know how and when to report it.
Sexual Harassment is a growing problem in today's workplace. The signs and causes of harassment are not always easy to detect. There are a growing number of cases through statistics and actual cases that’s been headlined in news rep...
Sexual harassment can happen in the form of belittling remarks regarding specific gender.... ... middle of paper ... ... To conclude, sexual harassment is a tremendously huge issue that should be taken seriously.
In today’s workplace, sexual harassment is a growing problem. The legal definition of sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. Another definition is the making of unwanted and offensive sexual advances or of sexually offensive remarks or acts, especially by one in a superior or supervisory position. Women and men of all ages, backgrounds, races and experience are harassed on the job. Sexual harassment encountered in workplaces is a hazard across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.