Sexual Harassment Research Paper
Legal Definition of Sexual Harassment Sexual harassment is defined as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature that tends to create a hostile or offensive work environment. This also includes displaying material of sexual nature that one may find offensive. (LawInfo, para. 1-2)
Sexual harassment vs. gender discrimination Sexual harassment differs from gender discrimination in that the unwanted sexual advances, verbal or physical, is behavioral and seeks personal motives. With gender discrimination, it’s not so much based on the unwanted advances and behavior, but how an individual is treated unfairly on the basis of their sex. In both cases, it can happen to males and females. (Sexualharassmentlawyer, para. 2-3)

Legal definition of “quid pro quo” (vicarious liability) sexual harassment and example Quid pro quo sexual harassment is defined as employment benefits that are made dependent on the provision of sexual favors; failing to do so, can have serious drawbacks such as loss of employment or benefits. (USLegal, para. 1)
Example, a manager makes sexual advances towards one of his employees and he or she repeatedly rejects him. The manager then tells the individual that they must comply with his request or else they will lose their upcoming promotion and potentially their job. The employee feels pressured and feels as though they must comply since their manager is in a position of authority to make decisions over them. This is a form of quid pro quo sexual harassment because the employee stands to lose their promotion and potentially their job, which can cause an economic harm, if the sexual advances are not conceded by the employee.

Legal definition of hostile environment sexual harassment and example Hostile environment sexual harassment is pressure and offensive sexual behavior that is committed by someone in a position of authority against an employee. The hostile behavior is severe enough to affect the employees work performance. (Moran, p. 278)
Example, a worker who decorates the outside of his locker with pictures of women in lingerie that leaves little to the imagination. Other co-workers, male and female, share this common area of lockers and are subjected to this material on a daily basis. It can make either gender uncomfortable, especially when the worker likes to flaunt or talk about the females in the pictures in a sexual manor and is making sexual comments or gestures. It makes for an uncomfortable situation on a daily basis that no one wants to enter the locker area and be subjected to the images displayed or the conversations referencing the pictures or any kind of sexual connotations. The pictures should be removed because the content is offensive to others and makes for an uncomfortable environment.
Factors that determine whether behavior is sexual harassment

To determine whether a behavior is considered sexual harassment, one must determine if any of the following exists: “(1) the victim is a member of a protected class – man or woman. (2) complain must be gender related. (3) the employee must not have consented to the sexual advances or partook in the hostile work environment. (4) the harassment must be based on sex. (5) the conduct complained must have a deleterious effect on the employee’s job. (6) the harassment must have taken placed during the employment period.” (Moran, p. 275)

Define the standard by which “unreasonable” behavior is determined
According to Moran (2011), “the standard by which sexual harassment will be judged is a reasonable person standard. A reasonable person must believe that the conduct complained of must have substantially interfered with the victim’s ability to work or have created an environment that was intimidating and offensive.” We must look at the entire situation and see what behaviors or actions were present and whether it’s a repetitive behavior. If the victim’s work performance declines due to the unwanted behavior, then it’s something to look into to determine the actions that need to be taken, if any, against the offender.
Explain what is considered “severe and pervasive” and why these words are important
A situation considered to be “severe and pervasive” is if the working environment becomes hostile, unbearable and disrupting, that the employee resigns because they can no longer tolerate working under such conditions. Especially after the situation has been brought to the employer’s attention and nothing is resolved. These terms are considered important because they may be the deciding factor for what an employer will legally endure in his or hers working environment. (Akin Gump Strauss Hauer & Feld LLP, 2006)
Main legal reason why every company should have a valid written policy against sexual harassment A legal reason why every company should have a valid written policy against sexual harassment is to prevent a lawsuit. It is the employers’ responsibility to have a written policy that clearly defines what sexual harassment is, the steps taken to file a complaint, and what the consequences will be for violating the policy. If the employer fails to educate its people and help prevent such environment, then they may face a lawsuit themselves. (Moran, p. 280-281)
The case I chose to discuss is Oncale v. Sundowner Offshore Services 523 US 75 (1998)
A. The facts in this case state Joseph Oncale (petitioner) is filing a sexual harassment claim against Sundowner Offshore Services (respondent). He was discriminated because of sex by the respondent co-workers, which violates Title VII of the Civil Rights Act of 1964.
Oncale was exposed by force to sexual activities by Mr. Lyons, Pippen and Johnson and humiliated in front of his co-workers. Oncale was physically assaulted and was threatened with rape.
Oncale followed the proper steps in filing a complaint of the harassment to his supervisory department, but no actions were taken from the complaint submitted. Oncale quit his job and wanted it noted that he “voluntarily left due to sexual harassment and verbal abuse.” (Oncale v. Sundowner Offshore Services). Oncale admitted in court he left his job for fear of potentially being forced to have sexual relations or being raped.
B. The issue in the case is to determine if Oncale is indeed covered under Title VII for discrimination of sex in the work place when the victim and the alleged perpetrator are of the same sex.
C. The decision of the District court found in favor of the respondent, Joseph Oncale, because the court didn’t feel a male had no foundation for harassment by other males under Title VII. The Fifth Circuit also supported this decision. The U.S. Supreme Court reversed the decision because there is nothing excluding any claim of discrimination because of sex when the case involves same-sex under Title VII. The Court also felt the case should be judged from the standpoint of a reasonable person in the plaintiff’s situation when considering the contexts of the case, therefore ruling in favor of the petitioner, Joseph Oncale.
D. I agree with the U.S. Supreme Court’s decision. Oncale was not only sexually harassed by co-workers but was also subjected to a hostile working environment. According to Moran (2011), “hostile work environment is intimidating and offensive sexual conduct perpetrated by a co-worker against an employee. Touching, joking, and commenting of a sexual nature all fall within the confines of a hostile work environment.” The company failed to protect Oncale after his complaint of being harassed, so they are liable for knowingly allowing these actions to continue. (Moran, p. 277) This case clearly met all the requirements for a sexual harassment and Mr. Oncale should receive compensatory and punitive damages. The job became unbearable and Sundowner Offshore Sevices did nothing to fix the problem which causes Mr. Oncale to quit so he is entitled to claim constructive discharge. (Moran, p.279)

Appendix
A good sexual harassment policy should help employees understand what sexual harassment means, define what is considered appropriate and inappropriate and what the penalties would be if violated.
The policy should have:
• Definition of sexual harassment and behaviors
• Example of harassment
• Convey ways to eliminate the behavior
• Clarify penalties for conduct in the work place
• Provide grievance process

REFERENCES
(n.d.). Retrieved from http://resources.lawinfo.com/en/articles/sexual-harassment/index.html
(n.d.). Retrieved from http://www.sexualharassmentlawyersanjose.com/the-difference-between-sexual-harassment-and-gender-discrimination
(n.d.). Retrieved from http://definitions.uslegal.com/q/quid-pro-quo-sexual-harassment
Akin Gump Strauss Hauer & Feld LLP. (2006, November). Labor and employment alert. Retreived from http://www.lawhelp.org/files/7C92C43F-9283-A7E0-5931-E57134E903FB/attachments/B2DA3DE8-B544-6972-8C37-A2F029686332/alert-sexual-harassment-and-retaliation-nov-2006.pdf
Cornell University Law School. (n.d.) Oncale v. Sundowner Offshore Services of 1998. Retrieved from http://www.law.cornell.edu/supct/html/96-568.ZO.html
Moran, John Jude (2011). Employment Law: New Challenges in the Business Environment, (5th ed.) Pearson Prentice Hall.