...Developing a Sexual Harassment Policy Jequon Thomas HRM 531 March 6, 2012 Dr. Mary Jo Moran Developing a Sexual Harassment Policy "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" (Tinkler, 2008 pg 419). Sexual harassment is not all sexual in nature. Simple teasing and offhand comments are not illegal unless it is so frequent or severe that it creates a hostile environment. Sexual harassment is also not limited to direct contact between people. If an act or discussion offends a bystander, it is sexual harassment. Sexual harassment is not limited to gender, and the harasser can be a supervisor, coworker, or a customer or client. It is very important for an employer to provide training and education to help prevent this act from happening. The employer is responsible for providing a positive, respectful, and productive work environment for all employees no matter race or gender. All employees have an obligation to contribute to a harassment and discrimination free workplace and notify someone if they: * feel uncomfortable in a situation because of someone's...
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...Sexual Harassment Policy THE COMPANY’S COMMITMENT: The Company is committed to providing a work environment that ensures that every employee is treated with dignity and respect and afforded equitable treatment. The Company is committed to promoting a work environment that is conducive to the professional growth of its employees, provides a professional atmosphere, and promotes equality of opportunity. The Company will not tolerate any form of harassment and is committed to taking all necessary steps to ensure that employees are not subject to harassment. The law guarantees employees the right to employment in a workplace free from harassment and discrimination. THE SCOPE OF THE WORKPLACE: This policy applies to all those working for The Company including management, administrative employees, secretarial staff and part-time staff. The Company will not tolerate sexual harassment whether engaged in by fellow employees, supervisors, clients or suppliers. The workplace includes: 1. All offices or other premises where The Company’s business is conducted; 2. All company-related activities performed at any other site away from The Company’s premises; 3. Any social, business or other functions where the conduct or comments may have an affect on the workplace or workplace relations. SEXUAL HARASSMENT DEFINED: Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or other...
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...Sexual Harassment Sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo. It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. You are a member of a protective class You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff. Harassment complained of was based on sex. Submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. An example of this could be...
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...Sexual Harassment is a problem that affects all segments of the public and private sectors. It seems that over the past ten years the incidence of sexual harassment has increased dramatically. Some examples of high profile sexual harassment include Bill Clinton and Monica Lewinsky, Bill Clinton and Paula Jones, and Kobe Bryant and a Colorado teenager. These are just a few examples of how far reaching sexual harassment is in today’s society. One of the major problems with sexual harassment is the ability to identify whether sexual harassment is real and what do if it happens. Often, sexual harassment is a matter of he said, she said and there are often no witnesses to the alleged sexual harassment. Another problem with sexual harassment is the ability to discipline in a consistent manner. Employers often struggle treating employees consistently due to many factors such as length of employment, performance, and rank in the company. During the case all of these issues will be addressed and supported with information from the text, governmental laws, and industry leaders in sexual harassment and HRM. One of the largest problems with sexual harassment is the identification that harassment has actually occurred. Sexual harassment as defined by the text is “Unwelcome sexual attention that causes the recipient distress and results in as ability on the part of the recipient to effectively perform the job”. (Human Resource management 601) Most of the time sexual harassment is a he said...
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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 Paper HRM320: Employment Law Professor Maccarthy DeVry University Online Felicia Rodriguez Sexual Harassment Paper Sexual Harassment can happen to anyone of any sex. Harassment can occur between employees of the same sex or different sex. Sexual Harassment includes sexual comments, inappropriate touching, unwelcome sexual advances, and request of sexual favors, verbal or physical conduct that creates an offensive or sexually charged working environment. Many people don’t understand the laws behind sexual harassment in the work force. Sexual Harassment is a form of sex discrimination that occurs in the workplace. People who are victims of sexual harassment may sue under the Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In the Federal courts sexual harassment was not recognized as a form of sex discrimination until the 1970s, because the problem was that it was originally perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of the workplace that are being sexually harassed. The courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S Equal Employment Opportunity commission (EEOC). This language has been formed as the basis for most state laws prohibiting sexual harassment. The guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical...
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...In response to the request on potential liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager. In one incident Mr. King and the other warehouse workers put a sign on a truck that read "HARDHAT REQUIRED/BRA OPTIONAL." King and another employee called Pollard over to look at the sign and encouraged her to do as it said. This clearly indicates that Mr. King had knowledge of the harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles...
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...Issues in Contemporary Ghana Topic: Sexual Harassment a Blessing or a Curse to society? Presented By: Amy Asiedu Lecturer: Dr Dan-Bright Dzorbo Introduction There have been many ambiguities surrounding what actually constitutes sexual harassment and how it differs from other sexual advances. If one simply looks at a dictionary’s definition of harassment it means “annoying or unpleasant behaviour towards someone that takes place regularly"(Macmillan English Dictinary, 2002), it is clear that such behaviour towards a colleague is undesirable and could undermine morale and productivity. If one adds the sexual dimension, with its personal, psychological, moral and marital implications, the problem becomes much more complex. Events currently identified as sexual harassment were considered personal and attracted individual solutions before the 1970’s. Since 1976, sexual harassment has been highlighted by feminist, trade unionist and later human right activists who have succeeded in making it a social problem (Britwum and Anokye, 2006). Thus, satisfying the condition that a social problem must be identified by a significant proportion of the population (Ritzer, 1975). The natural or biological origin of sexual harassment is based on the good old fashion idea of attraction between two people. Also, the issue about men possessing the bigger sex drives is another factor which causes them to aggressively approach women with sexual comments or intentions (www.arizona...
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...Sexual Harassment Case Ms. Murphy has a viable claim for both a hostile work environment and quid pro quo against Personal Connections Are Us, Inc. The hostile work environment was caused by Mr. Singer’s behavior toward Ms. Murphy’s photo and figure. His comments about her chest and stealing and altering her photo for his screensaver caused Ms Murphy to feel uncomfortable and violated. This behavior is the very definition of a hostile work environment. The quid pro quo aspect to of this claim was filled by Mr. Miller when he offered to give Ms. Murphy a promotion in exchange for a sexual favor on her part. When she refused and was summarily demoted, this solidified the quid pro quo standard. Ms Murphy has a right to take legal action against her employer for the behavior of both Mr. Miller and Mr. Singer. There is clear evidence of sexual harassment against Ms Murphy, and the company will more than likely have to pay out damages to her. She can file for compensation for future economic loss, loss of enjoyment of life, and back pay. After Ms Murphy has established that harassment has indeed occurred in the workplace, the burden of proof shifts back to the employer to prove the harassment has not happened. In this situation, the employer will have a difficult time disproving her harassment case. Cases like these can be prevented with clear harassment policies. Policies that clearly define unacceptable behavior in the workplace and activities that would be considered...
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...Practices Deter Sexual Harasment at Workplace Ethical Practices Deter Sexual Harasment at Workplace Submitted on: 3th January 2016 Submitted on: 3th January 2016 Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Table of Contents Papers Table II Abstract 1 Issue 1 Problem Statement 2 Analysis 3 Recommendation 6 Conclusion 8 References 9 Papers Table No. | Title | Journal Name | Year | Authors | 1 | Sexual Harassment In The Workplace: Selected Court Cases And New Legal Provisions In Malaysia | Asian Social Science | 2015 | Kamal Halili Hassan;Yee Zing Lee | 2 | Ethical Leadership: The Effect On Employees | International Journal Of Business And Management | 2015 | Atiya Alshammari;Naser N. AlmutairiShebaib Fahad Thuwaini | 3 | Sexual Harassment In The Workplace: An Overview Over The International Law And Current Law And Practice In Malaysia | International Journal Of Humanities And Social Science | 2013 | Dr. Muzaffar Syah Mallow | 4 | Impact Of Ethical Leadership On Employee Job Performance | International Journal Of Business And Social Science | 2012 | Shukurat Moronke Bello | 5 | Factors Influencing Sexual Harassment In The ...
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...Brian jones #097833 Sexual Harassment in the Workplace March 05, 2015 I. My topic of choice Sexual Harassment. I will be outlining different points of sexual harassment within the workplace. a) What is Sexual Harassment? b) The types of Sexual Harassment. c) Employer’s responsibilities. d) Law’s against Sexual Harassment. e) Ways to stop Sexual Harassment. II. What is Sexual Harassment? f) Sexual harassment is uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate (as an employee or student) (Webster, 2015). g) It may include advances by women on men, men against men or women against women but typically it’s men against women. III. Types of Sexual Harassment * One type of sexual harassment is Quid Pro Quo. * When a supervisor or a person of authority uses sexual harassment towards other employees to keep their job or for job benefits such as raises or promotions. * One instance of harassment can lead to a quid pro quo claim. If it becomes more than one instance of sexual harassment, it is considered a hostile work environment. * Another type of sexual harassment is hostile work environment. * When the harassment is unwelcomed, based on sex, and is severe enough to create an abusive or offensive environment in the workplace (Reuters, 2014). * This type of sexual harassment can lead to legal actions...
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...Cases Study on Sexual Harassment Name: Institution: Case Study on Sexual Harassment The topic of sexual harassment brings a lot of questions to mind. The exact definition of sexual harassment varies from area to area and from one country to the next. The online dictionary defines sexual harassment as requests, advances or favors that are sexual in nature and are unwelcome. It is also conduct that is sexually inclined. The conduct is either physical or verbal and submission to it either or implicitly makes it a term of a person’s employment. A person’s employment may depend on whether or not they give in to this pressure. McDonald and Backstrom (2008) define sexual harassment as an act associated with coercion or the use of threats and linking it to job benefits which are tangible. It is also unwelcome conduct which is sexual and interferes with their work, looks that are unwanted and unwanted physical contact as well as touching (McDonald and Backstrom, 2008). The way by which the victims of sexual harassment and those who observe it perceive it and how the employers tackle these issues when they arise is usually related to an organization’s liability risk as stipulated in the sexual harassment laws which are present in North America. In spite of over 30 years of academic research on sexual harassment combined with prohibition lays on harassment in work places Elkins and Velez-Castrillon (2008) still believe that sexual harassment is still a problem which is growing...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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...Running head: EMC Confronts Harassment Charges EMC Confronts Harassment Charges Tobie Deslo Kaplan University AB203: Human Resources Management Prof. Jennifer Bryant October 26, 2012 EMC Confronts Harassment Charges Introduction According to a lawsuit that files by two women of EMC allege sexual comments, company-paid trips and the failure to promote women for the same experience on the same basis as male employees where discrimination against. Women were being paid lower wages that may have been creating a hostile and offensive environment to women, making it harder for women to work there. The firm gathered 30 sworn affidavits from women supporting allegations that the work-place was hostile and discriminatory. Review/Analysis of the Case Sex Discrimination exists when a person or group of people are treated unfairly solely on the basis of their biological sex and sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature such that submission to or rejection of this conduct affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an hostile or offensive work environment for people. The EMC violated the laws of sex discrimination and sexual harassment because they were against all women’s rights in the work place by taking away accounts that they have built up and gave them to male colleagues. EMC Corporation also...
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...school district, all teachers and staff have a right to be safe from harassment. In Texas public schools, harassment can include threats to cause harm or bodily injury, including sexually intimidating conduct, or other malicious acts that can cause substantially harm to a person’s physical or emotional health or safety. The Texas Education Code requires all public schools to prohibit, and take steps to prevent harassment, including sexual harassment. As stated in local school board policy, sexual harassment of an employee is defined as “unwelcome sexual advances; requests for sexual favors, sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature.” (DH, DIA, p. 29) The local policy manual provides examples of sexual harassment and other types of prohibited harassment for clarification purposes....
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