Sexual Harassment at Workplace - Term Paper Example

Sexual Harassment in the Workplace Outline Fahad Alrasheed HDL 625 Murray April 29, Table of Contents Introduction 3 Legal Description of Sexual Harassment at Workplace 3 Statutory Basis of Sexual Harassment at Workplace 3 Societal Description of Sexual Harassment at Workplace 3 Literal Description of Sexual Harassment at Workplace 4 Legal Issues Surrounding Sexual Abuse at Workplace 4 Literature Review 5 Legal Description of Work Place Sexual Harassment 5 Types of Sexual Harassment 6 Quid Pro Quo 6 Hostile Work Environment Harassment 7 Elements of Sexual Abuse at Workplace 7 Characteristics of Sexual Harassment in the Workplace 7 Causes of Sexual Harassment in the Workplace 7 Evaluating the Organizational Environment 8 The Legal Environment 8 The Social Environment 8 Specific Causes of Sexual Harassment in the Workplace 8 The Role of the Company to Curb Sexual Harassment in the Workplace 9 Socialization in the Workplace 10 Instances of Sexual Harassment in the Workplace 10 The origin of social views in line with sexual harassment 11 The Prevailing Trends of Workplace Sexual Harassment 11 Steps to Prevent Sexual Harassment in the Workplace 11 Proactive Steps 11 Rehabilitative measures 12 Responsibility of the stakeholders 12 Employer Responsibilities 13 Employee Responsibilities 14 References 16 Sexual Harassment at Workplace Introduction Legal Description of Sexual Harassment at Workplace Sexual harassment refers to impulsive sexual advances, unwelcome requests for sexual favors and conditional conduct of sexual nature, which could be physical or verbal (Western Cape Government, 2014). The definitions of sexual harassment take different terms across various domains. The Legal description of sexual harassment in the workplace is perceived as unlawful advances for sexual favors or other sexual conduct in different circumstances. First, when the submission is an implicit or explicit condition that affects employment and academic decisions. Second, when behavior is pervasive or severe in a manner that creates hostility, intimidation, or a repugnant environment. Third, when the behavior is persistent despite objection from the person to whom the advancement is directed (McLaughlin et al., 2012). Statutory Basis of Sexual Harassment at Workplace Statutory basis of sexual harassment in the workplace applies when an employer or a person with supervisory authority uses his or her position to make illegal sexual advances to other employees based on providing compensations or privileges regarding employment conditions (Crouch, 2001). Societal Description of Sexual Harassment at Workplace The society in general, however, describe sexual harassment at the workplace as making unwanted sexual advances at workplaces that can prevail between an employer and an employee; an employee to a fellow employee; a manager to a junior employee and vice versa in all cases. Literal Description of Sexual Harassment at Workplace A literal description of sexual harassment in the workplace is expressed as making intrusive sexual suggestions towards other employees especially when they are met with utmost objections and the perpetrator persists, mainly when the victim is a female. Legal Issues Surrounding Sexual Abuse at Workplace Various legal issues surrounding sexual harassment in the workplace arise at inception and lead to intense legal repercussions. Sexual abuse at the workplace is categorized as a form of gender-oriented discrimination (Western Cape Government, 2014). To protect the rights of various groups, Civil Rights Act, established in 1964, later strengthened by the 1991 Civil Rights Act, which clarified the set of protection and resolutions or remedies available for sexual abuse victims (Hadjin, 2002). A victim of sexual abuse at the workplace should report the perpetrator to an appropriate person such as an employer, who should have a reporting process that is vastly documented. Better still; the victim should contact his or her attorney, preferably one with the EEOC. A legal process, thereafter, should commence leading to the prosecution and sentencing of the perpetrator. Elements in the Definition of Sexual Harassment in the Workplace There are different elements in the definition of sexual harassment. It is unwelcome, unaccepted and irritates the victim. It is offensive in nature and the conduct is intrusively offensive to the victim. It creates strife in the working environment by contributing to tension in the workplace, thus, reducing employee productivity. It generates uncomfortable feelings in the workplace as well as employee-employer and employee-employee relationship, hence, impairing effective communication. Literature Review Legal Description of Work Place Sexual Harassment Legal description of sexual harassment at work place depicts a form of sex or gender-based discrimination that violates the 1964 Civil Rights Act, Title VII (Hadjin, 2002). The conduct qualifies as sexual harassment when it meets diverse conditions. The sexual advances are unwelcome. Requests for sexual favors are disrespectful and intrusive. The conduct is physical or verbal and of sexual nature Any behaviors that explicitly or implicitly affect a person’s employment and, as a result, interferes with the person’s work performance contributes to sexual harassment at workplace. An extension of this description illustrates that the conduct creates hostile, intimidating, and offensive work environment. It can happen to anyone at the workplace (Western Cape Government, 2014). The conduct can be directed to a female, a male and within the parameters of professionalism; it can happen to an employee or an employee. Sexual harassment is an inhuman conduct that does not conform to the conventional and ethical standards of proper social behavior. It calls for harsh legal consequences and must be reported immediately once initiated. Various legal issues arise from this kind of harassment. For harassment claims, the victim should use an employer grievance or complaint mechanism system available. The offender will receive direct information of the unethical and inappropriate behavior, and that the organization will have the opportunity to execute prompt and proper remedial action accordingly. This step is necessary for the victim to protect his or her claim. This step would also ensure that the conduct is on file as a written record. The federal law that looks at gender-based discrimination such as sexual harassment only applies to organizations and companies with over 15 employees (EEOC, 2014). To execute an action against sexual harassment at workplace, the victim or complainant files the case with the EEOC within 180 days or within Three hundred days in referral jurisdiction states. If an individual has been sexually discriminated, a lawyer should be contacted immediately who will advise on the necessary remedial steps, duties and rights under the law. It is advisable to file the lawsuit within 90 days after the right-to-sue letter’s receipt is provided by the EEOC (EEOC, 2014). The Civil Rights Act for sexual harassment also applies to foreign nationals who work in the United States of America. However, this process can be more difficult in a case where the foreign national working in the United States lacks a work permit. Society describes sexual harassment in a work place in a simpler manner. In societal viewpoint, social harassment at workplace refers to a conduct of sexual assault in a work environment. Both genders can experience sexual abuse but according to the society, it is usually receives treatment with immense concern if the victim is a female. Social issues surrounding sexual harassment at the workplace include suggestive dressing, intrusive communication, poverty that may compel an employee to seek advancement or promotion even if sex is used as a bargaining tool (EEOC, 2014). Types of Sexual Harassment Sexual harassment at workplace refers to unwanted advances that are sexual in nature and hinder the performance of a worker’s job and creates an offensive or hostile work environment. The two types of workplace sexual harassment include quid pro quo and hostile work environment. Quid Pro Quo Quid Pro Quo involves the use of threats and rewards to obtain sexual favors from junior employees. A senior employee, manager or supervisor, demands that junior staffs abide sexual harassment in order to get promotions or keep their jobs (Crouch, 2001). It often occurs in the event an employee accepts or rejects sexual advances or unsuitable sexual comment to get the promotion or keep his job. For instance, a supervisor demanding to have sex with his employee in order to get promotion is a form of quid pro quo. Another instance of quid pro quo is telling an employee to look sexy always in order to keep his job (use of threat). Hostile Work Environment Harassment Hostile Work Environment sexual harassment happens when a supervisor or fellow worker makes sexual comments or advances to an employee resulting in a hostile and offensive working environment. The sexual advances or comments affect the employee’s ability to do to do his job efficiently and effectively. Instances of hostile environment sexual advances and comments include sexually offensive pictures in open site of the employees, sexual physical contact to an employee, use of offensive language and finally asking employees personal questions that are sexual in nature (Crouch, 2001). For instance, touching of a female employee without her consent will arouse her and this will hinder her efficiency and effectiveness in job production. Elements of Sexual Abuse at Workplace There are various elements of sexual abuse at the workplace. The victim must have suffered unwelcome gender-based discrimination. The harassment must have been pervasive and severe. The conduct negatively affected the conditions, terms, and privileges of the victim’s work environment. The conduct would adversely affect a reasonable person of the same sex. The management must have known about the harassment. Characteristics of Sexual Harassment in the Workplace Workplace sexual harassment has diverse characteristics including gender harassment, sexual bribery, unwanted seductive behavior and unwelcome sexual advances. Other characteristics include sexual coercion such as the threat of termination, withholding promotions and negative performance evaluations. Sexual imposition such as forceful touching and grabbing is another notable characteristic of workplace sexual harassment. Causes of Sexual Harassment in the Workplace There are various causes of workplace sexual harassment. First is provocative dressing or having attires that evokes sexual desire. Disparities in work positions, in which seniors abuse their positions to request sexual favors in exchange for privileges at work is a common cause of sexual harassment. Another cause is the expression of vulnerability – workers expressing vulnerability pose as potential and easy targets for sexual harassment (EEOC, 2014). Evaluating the Organizational Environment The Legal Environment This refers to the regulations and policies an organization formulates. They conform to the national law. The organization lawyer observes these rules and the top management is responsible for the implementation and practice within the legal environment (Western Cape Government, 2014). The Social Environment The social environment of an organization is comprised of the people working within an organization. These people include the employers, management and employees (Skaine, 1996). The social environment may also include the families of staff if the provision of residence happens within the organization. Specific Causes of Sexual Harassment in the Workplace Social views include suggestive verbal engagement, expressive dressing, alcohol abuse, flirtation, sexual talks, and jokes. Cultural aspects include stereotyping, modes of communication, cultural perceptions and characterization. Another key factor that causes sexual harassment is power games. Power games include career issues. People experience career issues that make them vulnerable to sexual harassment at workplace. If superiors notice career issues such as the necessity to grow monetarily, the issues can used as grounds for intimidation (Skaine, 1996). Some issues are embarrassing when used against the victims as objects of blackmail. Another key factor is promotion and growth trends. Promotion is a major need in most workplaces. It is associated with the provision of privileges, an increase in payouts and reduction of workload. Employers and supervisors use their powers to offer promotions as baits or tools of intimidations as they seek sexual favors from their juniors (Skaine, 1996). Lack of clear policy guidelines in line with sexual harassment is another factor that promotes sexual harassment at the workplace. Inadequate guidelines that provide measures of dealing with sexual harassment encourage perpetrators. Adequate guidelines in line with sexual harassment warn against the unlawful act and provide remedies to victims of sexual abuse. They provide both preventive and remedial measures (Orlov et al., 2005). Therefore, it is indispensable to formulate such policy guidelines to eradicate or minimize sexual abuse in organizations. Another contributing factor is the failure to invest in professional services that address sexual harassment. Organizations should invest in professional services such as counseling to help reduce the psychological pressures and torture emanating from sexual abuse at workplaces. This would help shape perpetrators of sexual abuse against the conduct; it would also help the victims through recovery process (Orlov et al., 2005). Corruption in the workplace also escalates sexual harassment. Corruption entails the unethical abuse of power. For instance, a superior official in an organization may seek sexual favors from junior employees in exchange of privileges at the work place. Sometimes, it could involve the use of threats. However, most of the times, favors such as promotion and positive salary adjustments are used as tools of corruption to obtain sexual favors (Paludi, 1991). At times, an employer may require sex from a female or male counterpart in order to hire them; hire their relatives. Corruption is widely used to perpetrate sexual harassment at workplaces. Some employees harass their bosses to attain their corrupt interest like being appointed to job positions they are less qualified (EEOC, 2014). The Role of the Company to Curb Sexual Harassment in the Workplace Organizations should act both remedially and proactively to minimize or eradicate sexual harassment. They should formulate guidelines and regulations in line with sexual harassment. Furthermore, organizations should cooperate with the authorities, working side by side in a bid to solving issues surrounding sexual abuse (McLaughlin et al., 2012). Socialization in the Workplace Socialization in a workplace refers to both verbal and non-verbal interactions within a working environment. Communication in socialization involves sharing of personal information, and can result in evocation of feelings that can induce sexual harassment at workplace. Instances of Sexual Harassment in the Workplace Sexual harassment of female employees by superior male counterparts is common in contemporary workplaces. It refers to sexual harassment perpetrated by senior male employees toward their junior female employees. Sexual harassment of female employees by male colleagues is another rampant instance that is common in the workplace. It occurs when female employees are sexually harassed by their male counterparts, but of the same work positions. Another instance, though not rampant, is sexual harassment of female employees by senior female counterparts. It involves same sex exploitation senior female employees subject they junior employees (Unger, 2004). Sexual harassment of male employees by superior female counterparts is also common in most workplaces. In this case scenario, senior female employees sexually harass junior male employees. Related to that form is sexual harassment of male employees by superior male counterparts. It is a form of same sex harassment where senior male employees sexually abuse junior male employees. Sexual harassment of a member of either gender by clients and customers also occurs in most workplaces. It refers to a rare sexual harassment that occurs when customers or clients visiting an organization perpetrate sexual harassment toward company workers. The origin of social views in line with sexual harassment Social views in line with sexual harassment originate from the logical construct of sexual orientations depending on social behaviors as exhibited by victims and perpetrators of sexual abuse. Various societies view sexual harassment from different angles depending on their cultural perspectives. Most of the western societies treat sexual harassment strictly as compared to most eastern societies that regard men with superior characteristics (Western Cape Government, 2014). The Prevailing Trends of Workplace Sexual Harassment Initially, most cases of sexual harassment occurred between different sexes and men were the main perpetrators. Today, they trends have changed and sexual harassment even occurs between members of same sex. Additionally, female members often perpetrate against male counterparts (McLaughlin et al., 2012). Steps to Prevent Sexual Harassment in the Workplace There are two ways to prevent sexual harassment in the workplace, that is, proactive steps and rehabilitative measures. Proactive Steps Proactive steps involve the following measure outlined Developing a sexual harassment policy and procedures. The policies include provisions addressing responsibilities of organizations toward the third parties who visit the workplace and are the source of sexually harassing conduct. A comprehensive policy includes sex and general harassment such as race, religion, national origin, age and among others (Skaine, 1996). The policy must contain procedures for reporting complaints especially those involving supervisors. Therefore, the policies and procedures help prevent sexual harassment in the workplace. Initiating seminars and trainings on the subject of sexual harassment in the workplace. A training program for all staff should commence after the adoption of the sexual harassment policy. The training should enhance the company’s commitment in providing a harassment free workplace. Instituting an office that deals with such matters in the workplace. The office investigates and disciplines the harassers, therefore, preventing sexual harassment in the workplace. Creating a positive working environment in the workplace. The workplace environment should be free of sexual harassment whereby there is appreciable interpersonal relationship among the employees. Finally, the company should work with government agencies towards establishing proper conduct in the workplace. The government agencies provide regulation, which enhances proper behaviors among the employees. Rehabilitative measures Rehabilitative measures are the tertiary ways of preventing sexual harassment in the workplace. They include, one, defining the act of sexual harassment. The definition broadens the knowledge and impact of sexual harassment. Therefore, the knowledge helps in prevention of sexual harassment. The concerned parties should pass through rehabilitative steps and in adverse cases relieve the harasser for a given duration. The relief will prevent further harassment. Therefore, preventive measures are very significant in the prevention of sexual harassment in the workplace. Responsibility of the stakeholders Stakeholders in the working station have diverse responsibilities towards eradication of sexual harassment. Sexual harassment does not disappear on its own and without prevention, it will worsen and become difficult to remedy. Therefore, there is an utmost need for stakeholders’ participation in eradication of sexual harassment in the workplace. Employer Responsibilities Eradication of sexual abuse at the workplace is mainly on the mandate of the employer. His duty in the workplace is to maintain a working environment free from sexual harassment and articulate the management’s stand on the issue of sexual harassment. In America, an employer provides his employees with a work environment that is free of harassment and does not violate the employees (Orlov, 2005). The law requires the employers to take measures to prevent and deal with harassment in the workplace. Failure to take the required steps to eradicate and deal with harassment in the workplace, the employer is becomes responsible for any harassment, which occurs. First, the employer should offer education and information about harassment to all employees on a continuous basis (Orlov, 2005). Guidance, open communication and provision of information remove silence among the employees thus preventing sexual harassment. Personnel and office meetings, information sessions and problem solving groups help eradicate sexual harassment in the workplace. Staff development programs and guidelines of the best practices of adapting to aggression is significant in eradicating workplace sexual harassment. Second, the employer should ensure that all supervisors and managers understand their function to provide a working environment free from sexual harassment. Employers should ensure close check up on managers. Therefore, the managers will protect employees efficiently and effectively from sexual harassment by providing a favourable working environment. Third, employers should make an anti-harassment policy together with union representatives, managers and employees and communicate the policies to all the staffs. The policies caution the employees not to indulge in any form of sexual harassment. Therefore, communication to all employees will create awareness and follow the rules to the latter. Fourth, employers should highly investigate all complaints of harassment. After investigation, he should appropriately discipline staffs who harass other staffs. Therefore, sexual harassment in the workplace will reduce due to investigation and discipline taken. Fifth, he should provide training, information and education to employees in the workplace. The employees will understand procedures and policies for dealing with sexual harassment. Therefore, it will enhance eradication of sexual harassment. Finally, he should take utmost actions to eliminate discriminatory posters and nude photos in the workplace. Employee Responsibilities Employees should acquire and become familiar with workplace policy on sexual harassment. He should understand individuals’ behaviours, attitudes and feelings about sexual harassment. Therefore, the behavior should correspond with the expectations and behavioural needs of the sexual harassment policy of the organization. Employees should be aware and vigilant of engaging in sexual harassment incidents and behaviours at workplace. He should be careful to employees who are easily offended by the verbal and non-verbal behavior of others. He should be informed of forms of sexual harassment and discourage sexual behaviours that affect work negatively. Therefore, these steps eradicate sexual harassment efficiently. Employees should give attention to the response of other employees in order to avoid unplanned offense. He should not assume that employees want to hear sexual comments about their appearance, or touched, flirted with for sexual favors or dates. Employee should ensure that his verbal and non-verbal cues do not sexually intimidate his fellow employee sexually. Employees should confront sexual harasser and him that that the attention is sexually offensive. He should inform the harasser that the act negatively affects him and hinders his job output. He should highly inform the harasser on the offensive behaviors. Finally, they should document the incidents of sexual harassment to prevent its repetition. He should support a harassed employee and act appropriately to resolve the sexual harassment. Therefore, employees’ role is significant in eradicating sexual harassment. References Crouch, M. A. (2001). Thinking about Sexual Harassment: A Guide for the Perplexed. Oxford: Oxford University Press. Fitzgerald, L. F., Shullman, S. L., Bailey, N., & Richards, M. (1988). The incidence and dimensions of sexual harassment in academia and the workplace. Journal of Vocational Behavior, 152-175. Hajdin, M. (2002). The Law of Sexual Harassment: A Critique. Susquehanna: Susquehanna University Press. McLaughlin, H., Uggen, C., & Blackstone, A. (2012). Sexual Harassment, Workplace Authority, and the Paradox of Power. American Sociological Review , 625-647. Orlov, D., & Roumell, M. T. (2005). What Every Manager Needs to Know about Sexual Harassment. New York: AMACOM Div American Mgmt Assn. Paludi, M. A., Barickman, R. B., & Barickman, R. (1991). Academic and Workplace Sexual Harassment: A Resource Manual. New York: SUNY Press. Skaine, R. (1996 ). Power and Gender: Issues in Sexual Dominance and Harassment. New York: McFarland. Unger, R. K. (2004). Handbook of the Psychology of Women and Gender. New York: John Wiley & Sons. US Equal Employment Opportunity Commission (EEOC). (2014). Sexual Harassment. Retrieved March 31, 2015, from Employment Laws: http://www.eeoc.gov/laws/types/sexual_harassment.cfm Western Cape Government. (2014, October 27). Sexual Harassment. Retrieved March 31, 2015, from Western : https://www.westerncape.gov.za/general-publication/sexual harassment-causes-consequences-and-cures?toc_page=6. Read More