Legalities Related to Sexual Harassment Policies for the Workplace - Research Paper Example

?Legalities related to Sexual Harassment Policies for the Workplace Before analyzing the legal aspects of sexual harassment it is pertinent to know what sexual harassment is. As per the law, asking for sexual favor, any physical or oral expression indicative of sexual type, aim or impact of creating objectionable environment can be typed as sexual harassment. Sexual harassment is gender-neutral, which also implies that the persons, the victim and the offender can be of the same sex. Legal implications related to sexual harassment can be taken as present if the harasser at the workplace belongs to either senior rank, is an agent, outsider or a colleague; the victim can be any one harassed by objectionable conduct; the conduct of the culprit must be worth calling wrong. Before filing a case against the offender, a victim must remember the place, date, and time of the sexual harassment besides any witness if possible. The harasser needs to be blatantly made clear by the victim to behave and mend ways. If there is no sign of amending ways, a warning needs to be made of the repercussions in legal terms through filing a case at EEOC (Equal Employment Opportunity Commotion), which can help the victim. An employer cannot be held responsible if no such policy is in practice at the workplace to tame the bad conduct but once a complaint has been made, taking action against the offender becomes mandatory for the employer to save the employer’s skin (Bhatnagar, 2007). Employees at state and federal level are also protected under the sexual harassment law. Title VII of the Civil Rights Act of 1964 under the federal law provides remedy for workplace harassment. This law is applicable to firms with fifteen or more employees. Where employee strength is less than fifteen the state anti-discrimination law comes to the aid of discriminated employees. Regarding single-gender harassment, there is provision to file a case against the employer whereas there is no unanimity over single-gender harassment in state laws (Larson, 2003). Basically, there are two simple types of workplace sexual harassment, Quid Pro Quo Harassment and Hostile Work Environment Harassment. In Quid Pro Quo type, the employee has to bear the gender based discrimination to remain in the job, avail routine benefit, salary hike or promotion. A hostile work environment affects the job performance of the employee by making the environment abusive. For inquiring into the workplace environment, we need to analyze the factors responsible for the conduct of the offender. It is crucial to confirm whether the offender’s behavior is verbally or physically wrong, how random the occurrence of the offence is, whether the behavior is just unfriendly or undoubtedly objectionable, what is the rank of the offender, whether the offence is committed taking along others by the offender in the league of perpetuators’ aiming at the victim singularly or including others as targets (Larson, 2003). Sexual harassment of verbal type can be judged on the overall happenings, depending on factors such as: The type, frequency, context, and specific aim of the remarks; Whether the comments were unfriendly and mean; Whether the alleged harasser pointed towards the victim while making a hostile comment; Whether the victim reacted by participated through return comments; and The level of kinship between the victim and the alleged harasser. To initiate action for sexual harassment, the plaintiff must prove that: 1. The plaintiff found the behavior to be hostile, abusive or offensive; and 2. Any person of balanced attitude in the same situation would consider the behavior hostile, abusive or offensive. It is to be noted that the plaintiff need not be necessarily a victim of the ordeal to file a claim against workplace sexual harassment. As stated above the federal cases can be filed with the EEOC, but it first requires case filing against the behavior of an administrative agency; state and local bodies also listen to such complaints under the state law. There is possibility that a state agency fights the case for the victim but the agency need to pursue the case in the set time limit. The state agency can also forbid not fighting on the behalf of the victim, and then the victim has to file a private lawsuit (Larson, 2003). As a routine, it is the obligation of the victim to communicate to the harasser that 1. The behavior of the harasser is unwanted and must stop. This is necessary so that the harasser has no misconception over the feelings of mental agony of the victim caused by the offending behavior of the harasser. 2. The victim should lodge a formal complaint with the company management through the grievance redress system provided y the employer. The employer can also defend the case against the employer by proving: * That it took corrective measures to put on hold any sexual harassment conduct within the workplace; and * That the employee insensibly failed to get leverage of any harassment controlling opportunities offered by the employer (Larson, 2003). Sexual harassment at workplace whether it is in public sector or private sector has gained importance for legal implications that the employers have to face. Awareness at national level on this issue was created by leveling of charges by Anita Hill against Judge Clarence Thomas in 1991. An analysis of the legal dimensions of the harassment offence can help in controlling sexual harassment if such a policy is effectively implemented at a workplace (Levy & Paludi, 1997). Without knowing the intricacies of objectionable conduct, employees of both genders cannot pinpoint hidden or straight forward sexually provocative and harassing ways of offenders. The affected gender need to know where a complaint can be made. Although a review of the American legal system helps in defining sexual conduct as stated by the EEOC but this is not a comprehensive definition, as all that is categorized as sexual behavior is not always sexual in type to be classified as totally based on sexual discrimination. We need to go further to have a deeper analysis of the term “sexual harassment.” As stated above there are two types of harassment cases, the traditional quid pro quo, and the hostile work environment. The features and defenses of both types of claims need to be tested in the context of major court proceedings going on currently. A new perspective on who can file a claim, the limit of responsibility and the legal repercussions thereon need to be discussed (Levy & Paludi, 1997). Both men and women explain differently the actual offending conduct that is labeled as sexual harassment. The reason of sexual harassment, gender behavior, aggression, the offender’s reasoning, and the power game that ensues needs to be analyzed. Off late, a new term has developed by the name of Sexual Harassment Trauma Syndrome due to the after-effects of sexual harassment on varied aspects of employees. It later on develops into affecting the performance level of the employee, which in turn affects the business of the employer. Definitely, this change in the professional relationship affected by sexual overtures is an aggression and attacks on the belief in work ethics that result in physical and mental tension, leaving no scope of freedom to have a selected path (Levy & Paludi, 1997). Before analyzing the forces behind offensive sexual conduct, a firm must have a reliable and complete policy against such behavior. The crucial part of formulating a workplace policy on this issue is making a distinct policy that strongly expresses disagreement on such offensive conduct, simplifies wrong behavior, and supports the filing of reports against the offenders. A policy should include the description of all relevant details to be entered into besides a statement that counter-attack in the similar way is a breach of the policy. Policy at firm level should state the inquiry process and imposition of penalties, and the disciplinary action to be taken by the management of the company (Levy & Paludi, 1997). Furthering the policy formulation process at company level, it is crucial that set procedures are followed for settling the issue to the satisfaction of the victim as based on policy. Whenever such a complaint is made the company should fix the responsibility of making enquiry to a responsible person to listen to the charges leveled by the victim. Policy framework should include how to conduct enquiry and what are the features and tactics advised to hold the investigation along with the reminder that the investigator needs to study the singular complainant’s psychological reactions. Standard notifications forms need to be sent to all those who are part of the enquiry so that they fill up the answers to those questions put up by the enquiry. A policy document should also provide hints on making of the report, which should specifically state what action needs to be initiated against the harasser; it could include what type of penalty has to be imposed on the harasser and the ditto if the complaints are found not genuine. It is very important that all employees are made to be fully aware that such a policy exists. Ideally, unions need to be involved in such matters at the policy formulation stage. Further, feedback of those employees could be significant if taken before they leave the company; it can help in measuring the strength of the policy in controlling workplace sexual harassment (Levy & Paludi, 1997). Awareness on the role of the EEOC, its power, applicable statutes of limitation, the EEOC enquiry, and the “right to sue” letter are crucial pieces that include resources for organizing training programs on sexual harassment, including a needs measurement before deciding the purpose of a training program; sample structures of training programs; problem areas to be analyzed before and after training; and important excerpts from Title VII (Levy & Paludi, 1997). For resolving any legal matter pertaining to workplace sexual harassment, arguments for and against can not be made in the air. A company policy should take note and consider the role of emotional and psychological conduct towards the offender. A comprehensive sexual harassment policy needs to consider not only the legal aspects of the case but psychological elements too are equally crucial and helpful in taking a right decision as per the company policy (Levy & Paludi, 1997). A quid pro quo harassment claim can be proved through a single such incident reported but for reporting or complaining a hostile work environment, a routine behavior design has to be presented verbally to prove the complainant’s genuineness. A victim has to strengthen the claim to sexual harassment by mentioning unwanted sexual advances, sexual favors, and the objectionable body language of the offender. As per the circumstances, the employer has to take responsibility of the non-employees’ conduct to bring the situation under control by taking suitable disciplinary action to result in discontinuing of such bad behavior (Larson, 2003). Legal implications of sexual harassment policies carry value only if such offensive behavior is reported to the management first and later the matter is further pursued by filing a case against the offender or the company. Depending on the type of offense whether it is quid pro quo harassment or hostile work environment harassment, the case has to be built upon. There is equal opportunity provided to the offender and the company to prove that the intentions of the victim are malicious to frame the offender. In any case, circumstantial evidence is required in the hostile work environment harassment type and a psychological analysis of the state of mind of the victim is necessary before taking a decision. References Bhatnagar, Sumit. (2007, May 21). Sexual harassment at workplace - legal issues. EzineArticles.com. Retrieved from http://ezinearticles.com/?Sexual-Harassment-At-Workplace---Legal-Issues&id=573357 Larson, Aaron. (2003, September). Sexual harassment law. Law Offices of Aaron Larson. Retrieved from http://www.expertlaw.com/library/employment/sexual_harassment.html 2011 O'Sullivan, Susan A. (1998, March 1). Workplace sexual harassment [Review of the book by Anne C. Levy and Michele A. Paludi]. Mid-Atlantic Journal of Business. Retrieved from http://www.allbusiness.com/north-america/united-states/689744-1.html Read More