...Harassment can be described in general terms as aggressive or hostile interaction at the workplace. It is one of the most extreme psychosocial strains that can occur in the work environment which can cause great personal harm as well as litigation and liability issues. According to Walsh (2010), hostile work environment harassment is a form of discrimination burdened with conflict at the workplace. It can happen between colleagues of the same rank as well as between supervisor and subordinates, races, sex, religious sects, and ages to name a few examples. A person or persons are considered to be inferior and are attacked directly or subtly by one or several others in a systematic way and often over a considerable period of time with the result of excluding them or discriminating against them on the job. The harassed person would consider the aggression as discrimination or exclusion. Sexual harassment or any unlawful harassment of any nature violates Title VII of the Civil Rights Act of 1964. This negative conduct creates a very hostile environment and can very well affect an employee’s employment status and benefits along with their well being. Anyone from a business representative, to a co-worker, contractor, vendor, or non-employee can commit this act. Victims can be anyone affected by conduct like this, not just an individual that the act is directed to. Sexual harassment can create a very hostile work environment. Individuals or groups can create this kind of...
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...harassment From "Collins Dictionary of Law" 1 the offence in England of using threatening or abusive or insulting words within the hearing or sight of a person likely to be harassed thereby: Public Order Act 1986. 2 conduct which may require a person to be given legal protection in terms of the Protection from Harassment Act 1997. For these purposes harassment is not defined but it includes causing the person alarm or distress. For the courts to act under this legislation the harassment was caused by a course of conduct. This is defined in the Act as conduct on more than one occasion. It need not be the same conduct on each occasion. There are defences such as that the conduct was reasonable in the circumstances. It is not open to plead as a defence that it was not intended by the alleged offender that alarm be caused. It is enough if his or her conduct would cause harassment, if a reasonable person, in possession of the same information, would think that the course of conduct would have that effect. Similar rules apply in Scotland. 3 it is an offence in England to harass a person with demands for payment that are calculated to subject him or his household to alarm, distress or humiliation, or to pretend that criminal proceedings might be possible if payment is not made: Administration of Justice Act 1970. 4 harassment is not of itself a tort but the Protection from Harassment Act 1997, effectively creates a statutory tort and delict in Scotland. 5 sexual harassment...
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...To: Chris Walker, DOX Human Resources From: Name Here Date: March 2, 2015 Subject: Sexual Harassment in the Workplace I am writing this letter regarding a reoccurring incident that has been happening throughout the workplace, making it an uncomfortable and unsettling atmosphere. I have been approached by a co-worker in regards to John Doe, who has reportedly been harassing co-workers and customers. On this note, I came in to supervise the work place and in doing so was harassed as well. I am writing to you with hope that this matter will be kept confidential and that reasonable actions may be made. Reviewing John Doe’s actions by a countless number or employees, I find him to be going against our code of conduct. Evidence of his convictions were documented word for word with employee signatures of those present and signed on that day. I must rule out bias because Mr. Doe harassed me myself. As of now, Doe is being accused of verbal sexual harassment of workers and customers. As it says in the U.S. Equal Employment Opportunity Commission website, “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” (par. 1). This issue we are dealing with is no joke and what is being said by the EEOC is what Doe is being accused of. Because of this credible source, we must understand how big...
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...former executive of the New York Knicks in punitive and compensatory damages for being a victim of sexual harassment in the workplace. Granted, the NY Knicks possess the financial resources to recover from such a large jury award. However, some companies would be crippled by this dollar amount. These types of monetary awards come directly from the ‘bottom line’ of a company’s income statement. To put it into perspective, one must think how much revenue a company would need to generate in order to net (“bottom line”) the millions of dollars paid to the winning plaintiff. Needless to say, this subject is a serious matter to employers. Aside from the legal and ethical concerns, there are major financial implications associated with this matter. The example cited in this paragraph is only a single party action. Class action suits could trigger even greater financial payouts! Also, according to recent statistics directly from the Equal Opportunity Commission (EEOC), the EEOC received 12,510 charges of sexual harassment and recovered $49.9 million in monetary benefits in 2007 alone (excluding monetary benefits obtained through litigation). Given the potential for financial devastation, it is imperative that an employer take proactive measures to prevent and/or stop sexual harassment from occurring in the workplace. In the event a party does file a sexual harassment charge and/or law suit, a company needs to defend itself appropriately. Let’s explore this matter more deeply...
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...Introduction Sexual harassment in the workplace is by no means a new phenomenon. It has existed for as longs as there has existed co-workers. However, workplaces have become more diversified over the years prompting women to rise into positions of power. Owing to these changes, sexual harassment has not only become unacceptable but also illegal in most jurisdictions. In the modern work place, sexual harassment is an increasing problem that many employees know it exists, but do not know how to deal with. The term “Sexual Harassment” became more popularized around the year 1975. This was as a result of writers and activists began addressing the issue. A pertinent question however is whether the question has really been solved. This paper will address some of the issues that are to do with sexual harassment. Types Sexual Harassment Generally, the instances of sexual harassment fall in two classes namely quid pro quo and “hostile environment”. In the quid pro quo type of sexual harassment, the harasser implicitly or explicitly makes success in the workplace, class assignment or any other situation to be based on the victim submitting to the sexual demands that are unwelcome from the harasser. Examples of harassers in this type include a supervisor who promises job promotion in exchange for sex or a manager who punishes an employee who refuses his sex advances. In the “hostile environment” class of harassment, the sexual conduct of the harasser; be it verbal or physical; puts...
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...Challenges in Managing and Preventing Sexual Harassment in a Culturally Diverse Workplace. In recent years the topic of sexual harassment has become one of the most talked about issues in the press. Sexual harassment is a topical problem for many employees that not only leads to discrimination in labor, loss in wages, low productivity and stress, but it also influence the general atmosphere of lawlessness and violence against the comfort of other human beings. The act sexual harassment creates a hostile tense working environment. In this paper we will discuss the challenges in managing and preventing sexual harassment in a culturally diverse workplace. We will also discuss some cases of reported sexual harassment that has occurred in different countries, the laws against sexual harassment and the affect it has on companies as a whole. The global trend to eliminate any forms of sexual harassment in the field of labor relations is one of the priorities of modern day society. Companies around the world face the task of ensuring there are decent working conditions for employees. These conditions include one free from sexual harassment. When incorporating prevention measures some cultures are harder to implement for than others. Because of this, cross-cultural companies are considered difficult to management because of the peculiarities of the mentality and the differences in cultural practices, but regardless if the structure, sexual harassment requires a solution in order to further...
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...SEXUAL HARASSMENT QUESTIONS AND ANSWERS A MANAGER'S GUIDE Foreword: The following contains answers to managers' most frequently asked questions when faced with allegations of sexual harassment within their organization. Q. What is sexual harassment? A. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission is made either explicitly or implicitly a term or condition of an individual's employment; or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3. The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Key points to note in this definition are that sexual harassment involves: 1. Any action of a sexual nature, whether physical, verbal, or even non-verbal, may constitute sexual harassment if it is unwelcome, and… 2. Either amounts to a term or condition of employment (i.e., must be tolerated in order to maintain employment), or… 3. Is considered in making employment decisions regarding that person (e.g., promotions, performance ratings, assignments), or… 4. It creates an intolerable or hostile work environment that negatively impacts upon an employee's performance or ability to remain employed in that workplace...
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...When people think of sexual harassment, they typically think of a group of guys saying dirty jokes to a woman. Although that is an example of sexual harassment, it goes much further. Sexual harassment is unwelcome sexual advances, requests for favors of a sexual nature. Including other physical and/or verbal conduct of a sexual nature constitute sexual harassment when this behavior implicitly or explicitly affects a person’s employment, unreasonably interferes with an employee’s work performance, or creates a hostile, intimidating, or offensive work environment. Sexual harassment is a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also covers employment agencies and labor organizations as well as the federal government. (www.ecoc.gov) Sexual harassment like many other things has a history. The concept of sexual harassment is not an old one, it is a relatively new term that was started in the 1970s. The term was used in 1973 in “Saturn’s Rings”, a report written by Mary Rowe. This report was given to the Chancellor and President of MIT. The report included multiple types of gender issues that were going on at the institution. Rowe stated that in her opinion she was not the first to use the term because it was talked about in some women’s groups in Massachusetts in the early 1970s. MIT may have been one of the first large institutions...
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...Abstract This paper explores sexual harassment and the various elements that are associated with sexual harassment. The definition of sexual harassment and some of the behaviors that are considered sexual harassment are discussed. This paper also describes the difference between sexual harassment and gender discrimination. Quid pro quo sexual harassment is explained with examples, along with what constitutes a hostile work environment. The reasonable person standard and how to determine if the behavior is unwelcome are two ways that companies can help to protect themselves. A sample draft of a sexual harassment policy is included at the end of this paper with reasons of inclusion. Sexual harassment is a very serious issue in the workplace, different from gender discrimination, and includes many different elements including a hostile work environment. According to the EEOC website, sexual harassment includes, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Although these are the typical forms of sexual harassment that most people think of, the EEOC website continues, “Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.” (Sexual harassment, 2010) This means that any sort of offensive joke about sexuality is also sexual harassment. Harassment does not have to happen with members of the opposite sex, it can also be of the same sex. A...
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...Sexual harassment can be defined as a form unwelcome verbal, visual or physical conduct of a sexual nature that can be described as being severe or pervasive in nature. It is a discrimination against sex which violates Title VII articulated in The Civil Rights Act of 1964. This federal law formally forbids any discrimination in employment on the basis color, race, sex, religion or national origin and employers with 15 or more employees are restricted under this law. The overall effects of such activities at places of work are that they cause a hostile working environment which means that they directly affect working conditions of most workers. Sexual harassment can be able to take place anywhere beginning from schools, universities and places of work. There is a verb small difference between occasional unwanted sexual advances and comments that people thing that they might be deemed inappropriate. Sexual harassment can really affect the way your employees approach all that you are doing. The main focus of this research paper will be on the status of sexual harassment at places of work in the United States. The research paper will be able to investigate the current state of sexual harassment in the workplace in the United States. As it stands at the moment, there is no specific cause of sexual harassment at the place of work. Although there is this notion that sexual harassment is mainly caused by provocative dressing or enticing behaviors by the victims, high chances are that...
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...Sexual Harassment is making unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. (http://www.eeoc.gov/laws/types/sexual_harassment.cfm) 2) The key difference between flirting and sexual harassment is that sexual harassment is unwelcome. The contact was not invited or accepted. It is one-sided because only one of the people in the situation wants to be in that situation. It does not matter how the harasser says he or she "meant it”. (http://www.pamf.org/teen/abc/sex/flirting.html) 3) Most statutes currently define rape as nonconsensual oral, anal, or vaginal penetration of the victim by body parts or objects using force, threats of bodily harm, or by taking advantage of a victim who is incapacitated or otherwise incapable of giving consent. Incapacitation may include mental or cognitive disability, self-induced or forced intoxication, status as minor, or any other condition defined by law that voids an individual's ability to give consent. One response to these types of actions is that, “the individual was drunk and wanted it to happen”. However, one party is unable to give consent when intoxicated. When a person is the recipient of sexual advances but is highly intoxicated, he or she may be unable to consent to any sexual conduct. (http://www.nij.gov/topics/crime/rape-sexual-violence/pages/welcome.aspx) 4) -Acquaintance rape: sexual assault by someone known to the survivor. -Stranger rape: sexual assault...
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...Racial Discrimination and Harassment Case Study Dana Agent 3/9/2014 A very clear example of harassment based on an employees’ race is evident in the lawsuit filed against MMR Constructors, Inc. in Arkansas. An African American employee was subjected to racial harassment by white employees that included racially offensive language, graffiti and death threats. White employees went as far as going to the black employees’ home in the middle of the night and threatened his life because he apparently reported the racially charged incidents to the company. The employee reported the “midnight visit” incident to the company and the company refused to take action against the employees because it did not happen at work. When a company overlooks incidents happening on and off the worksite, it gives the harasser the impression that the company condones the behavior. Harassment by definition is the act or an instance of harassing, or disturbing, pestering, or troubling repeatedly; persecution. The Equal Employment Opportunity Commissions’ (EEOC) definition of harassment includes slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. “Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).” (EEOC.gov) The employee was a victim of harassment and subjected to unethical...
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...Sources BLR, Simplify Compliance Drive Success: Oklahoma Sexual Harassment: What you need to know, http://www.blr.com/HREmployment/Discrimination/Sexual-Harassment-in-Oklahoma The Advocates For Human Rights, 2010, Prevalence of Sexual Harassment, http://www.stopvaw.org/Prevalence_of_Sexual_Harassment Braverman, B., 2013, The Fiscal Times, http://www.thefiscaltimes.com/Articles/2013/08/22/The-High-Cost-of-Sexual-Harassment 2004, Burger King Franchise Pays $400,000 for Alleged Sexual Harassment of Teens, http://www.eeoc.gov/eeoc/newsroom/release/12-6-04b.cfm 2010, http://www.workharassment.net/index.php/sexual-harassment-in-the-workplace.html http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-harassment/ INTRODUCTION Sexual harassment has been an ongoing problem for decades. In recent years, the percentage of sexual harassment claims has dropped, but some people are also afraid to report harassment. Following you will find a definition of what sexual harassment is along with statistics from studies conducted. SEXUAL HARASSMENT DEFINED Sexual harassment is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission is made a term or condition of employment is used as a basis for employment decisions affecting the individual, unreasonably interferes with the individual’s work performance, or creates a hostile, intimidating, or offensive working environment (OK...
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...Definition of Sexual harassment Noted legal scholar and feminist Catherine MacKinnon defined sexual harassment as "the unwanted imposition of sexual requirement in the context of a relationship of unequal power" (MacKinnon, 1979). Sexual harassment is defined as a form of sex discrimination under Title VII Federal Law Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin (U.S. Equal Opportunity Commission, 2002). One psychologist writing on the subject concurred with MacKinnon, seeing sexual harassment, "as a form of sex discrimination that keeps the sexes separate and unequal at work" (Berdahl, 2007, p. 435). According to United Nations General Recommendation 19 and the convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment as including: such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment. The European Commission of the EU defines sexual harassment as: unwanted conduct of a sexual nature, or other conduct based on sex affecting the...
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...Today, sexual harassment in the workplace is a very serious issue that makes going to work very stressful for many women and men all over the world. Accounting to the Anita Superson, “Sexual harassment, a form of sexism, is about domination, in particular, the domination of the group of men over the group of women. Domination involves control or power, which can be seen in the economic, political, and social spheres of society. Sexual harassment is not simply an assertion of power, for power can be used in beneficial ways. The power men have over women has been wielded in ways that oppress women. The power ex- pressed in sexual harassment is oppression, power used wrongly” (Textbook, p154). It is estimated that approximately 90% of all female employees in Canada will face some form of sexual harassment while working on the job, especially the young women and unmarried women. Sexual harassment not only creates an unhealthy work environment and negative consequences for the harassed, but it is also a violation of Human Rights and Freedoms legislation. In this essay, I will focus on the negative effect of sexual harassment and give some recommendations that can support Anita’s claim. It is important to note that women often know when they have been sexually harassed. However, I am arguing for objective justification of sexual harassment, rather than subjective, there are cases in which women are mistaken. According to Anita, the sexual harassment is the harm an action...
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