Sexual Harassment in the Workplace - Research Paper Example

Running head: SEXUAL HARASSMENT IN WORKPLACE Sexual Harassment in the Workplace Abstract Sexual harassment at work can happen not only to female but also male employees. To avoid becoming a victim of sexual harassment, it is important for each employee to know about their personal rights by going through Title VII of the Civil Rights Act of 1964. In case an employee encountered sexual harassment at work, employee should immediately report to his/her superior or the HR management department head. In case the company failed to act upon the incidence, the victim can personally report the incident to the Equal Employment Opportunity Commission (EEOC) online, by phone or by mail. Introduction Sexual harassment at work is not limited to the act of physically forcing an employee to have sex with an immediate boss. Offending acts that are classified as sexual harassment can be in the form of verbal, physical or both. A good example of sexual harassment at work includes verbally threatening or harassing an employee or a co-worker to have a sexual relationship with someone with a higher work position within a business organization including the frequent use of sexually demeaning languages or physical objects that significantly reflects the genital parts of a man or a woman. In relation to sexual harassment at work, existing laws on sexual harassment together with some of the most current issues related to this topic will be provided followed by discussing some recommended ways on how to prevent becoming a victim of sexual harassment in working environment. Scope of Research & Research Question The scope of this research includes identifying the existing laws on sexual harassment within the work environment and some of the most current issues related to this topic. Prior to conclusion, some of the recommended ways on how one can protect themselves from becoming a victim of sexual harassment will be provided in this study. Among the research questions that will be use as a guide throughout the study includes: 1. What are some of the U.S. existing laws related to sexual harassment at work? 2. What are the current issues related to sexual harassment at work? 3. How can one protect herself from becoming a victim of sexual harassment at work? Current Issues and Existing U.S. Laws on Sexual Harassment Sexual harassment within the corporate world is a serious form of human rights violation since victims of this type of crime could suffer from serious humiliation, feeling of self-degradation caused by self-blaming acts and fear of being devalued as a person and a worker in the point-of-view of the accuser and the victim’s co-employees (International Labor Office report, 2010; Chan & Chow, 2008; Berdahl & Moore, 2006). There is a very huge possibility of an increase in the rate of absenteeism on the part of the victim which may result to a fast turn-over rate among the employees aside from the physical or psychological illnesses which could negatively affect the work performance of the victim. To protect men and women from becoming a victim of sexual harassment in workplace, the U.S. Equal Employment Opportunity Commission (EEOC) officially enforced Title VII of the Civil Rights Act of 1964 as a basis for assessing sexual harassment complaints or any form of sexual discrimination within the workplace (Northwest Women's Law Center, 2010). In relation to Title VII of Civil Rights Act of 1964 under Section 703 (a) (1) of Title VII, it was clearly stated that it is against the law for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment because of sex among others” (Find US Law, 2010; The U.S. Equal Employment Opportunity Commission, 2010). Any person who has been proven guilty by the Court of intentionally violating the Title VII of the Civil Rights Act of 1964 or the Civil Rights Act of 1991 will be punishable for the moral degradation and/or in cases where in the complainant directly or indirectly losses his/her job due to sexual harassment or sex discrimination (The U.S. Equal Employment Opportunity Commission, 2010; 2010b). Some people may think that sexual harassment may occur only between two opposite sex. In reality, sexual harassment may happen within the same sex because of the possibility of a bi-sexual harassment. In some cases, it is the female employer who is sexually harassing male employees (Wuensch & Moore, 2003). Despite the negative impact of sexual harassment on the profitability and overall performance of a company and the well-being of the victims, the U.S. government remains very lenient in terms of strengthening the available government policy related to the U.S. law on sexual harassment. (Robinson et al., 1998). Since the legal issues related to sexual harassment are rarely tackled within the small corporate environment, a lot of employees who are currently working in the United States remain uninformed of their legal rights over the person who is capable of conducting a sexual harassment at work (Beal, 2000). As a result, the number of victims of sexual harassment who were not able to seek justice from their negative experiences remain high. Steps in Reporting Report the incidence of sexual harassment to a supervisor or the human resources department head either verbally or in writing (Equal Rights Advocates, 2010). It is advisable to keep a copy of the written complaint for future reference. The Title VII of the Civil Rights Act of 1964 is a good reference on how to know employees’ rights on sexual harassment. After listing down the date, time, and details of what happened in the act of sexual harassment, report directly to the Equal Employment Opportunity Commission (EEOC) online, by phone or by mail in case the superior or HR department failed to act upon employees’ complaint (EEOC, 2010). Prevention The existing law on sexual harassment within a corporate setting needs to be carefully reviewed in order to make some amendments needed to strengthen the legal protection of employees within the working environment. Since the degree of harassment at work lies behind the perception and sensitivity of each employee within the working environment, there is a need for the HR manager to promote a pleasant working environment that seek zero-sexual harassment acts in the form of verbal, written or even gestures (Thornton, 2006). To enable the HR manager develop an acceptable conduct within the working environment, it is highly recommended to provide necessary training with regards to the existing law on sexual harassment (Northwest Women's Law Center, 2010). By doing so, the company will be able to avoid and prevent the possibility of lawsuit against either the person who has made the sexual offense, the company, or the business owner himself for the act of negligence. Another possible way to protect employees from becoming a victim of sexual harassment is to inform the corporate managers and supervisors about the punishment that will be imposed on anyone who discriminate or sexually harass another employee regardless of the degree of the offense (Thornton, 2006). Conclusion The number of cases related to sexual harassment at work has been increasing over the years. In response to this problem, there is a strong need to strengthening the law behind the sexual harassment issues within the corporate environment. Among the latest updates on the law behind the sexual harassment at work includes requiring employers to take a serious responsibility on the implementation of preventive acts through proper trainings and strict monitoring of the employees’ behavior within the workplace. By encouraging employers to actively participate in preventing the incidence of sexual harassment cases together with amending the existing law on sexual harassment, there is a higher possibility that the country could manage to keep down the number of individuals who have been filing their complaints with the EEOC. *** End *** References Beal, R. (2000). Competing Effectively: Environmental scanning, competitive strategy, and organizational performance in small manufacturing firms. Journal of Small Business Management , 38(1):27 – 47: http://www.allbusiness.com/legal/laws-government-regulations-environmental/423138-1.html. Berdahl, J., & Moore, C. (2006). Workplace Harassment: Double Jeopardy for Minority Women. Journal of Applied Psychology , 91(2), 426-436. DOI: 10.1037/0021-9010.91.2.426. Chan, D.-S., & Chow, S. (2008). Examining the Job-related, Psychological and Physical Outcomes of Workplace Sexual Harassment: A Meta-Analytic Review. Psychology of Women Quarterly , 362-376. DOI: 10.1111/j.1471-6402.2008.00451.x EEOC. (2010). Retrieved June 8, 2010, from How to File a Charge of Employment Discrimination: http://www.eeoc.gov/employees/howtofile.cfm. Equal Rights Advocates. (2010). Retrieved June 8, 2010, from Know Your Rights: Sexual Harassment At Work: http://www.equalrights.org/publications/kyr/shwork.asp. Find US Law. (2010). Retrieved June 8, 2010, from Civil Rights Act of 1964 - CRA - Title VII - Equal Employment Opportunities - 42 US Code Chapter 21: http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21#3. International Labour Office Report. (2010). Retrieved June 8, 2010, from Declaration on Fundamental Princiles and Rights at Work: Sexual Harassment at Work: http://www.ilo.org/dyn/declaris/DECLARATIONWEB.DOWNLOAD_BLOB?Var_DocumentID=6807. Northwest Women's Law Center. (2010). Retrieved June 8, 2010, from Sexual Harassment in the Workplace: http://www.nwwlc.org/publications/misc/51_Sexual_Harassment.pdf. Robinson, R. K., Jackson, W. T., Franklin, G. M., & Hensley, D. (1998). U.S. Sexual Harassment Law: Implications for small businesses. Journal of Small Business Management , 36(2): 1 – 12: http://www.allbusiness.com/legal/laws-government-regulations-employment/678429-1.html. The U.S. Equal Employment Opportunity Commission. (2010). Retrieved June 8, 2010, from Title VII of the Civil Rights Act of 1964: http://www.eeoc.gov/policy/vii.html. The U.S. Equal Employment Opportunity Commission. (2010b). Retrieved June 8, 2010, from The Civil Rights Act of 1991: http://www.eeoc.gov/policy/cra91.html. Thornton, B. (2006, February 16). Private Papers. Retrieved June 8, 2010, from Sexual Harassment or Censorship? Vague language in Executive Order 927 leaves one to wonder who might harass whom.: http://victorhanson.com/articles/thornton021606.html. Wuensch, K., & Moore, C. (2003). Effects of Physical Attractiveness on Evaluations of a Male Employee's Allegation of Sexual Harassment by His Female Employer. The Journal of Social Psychology , 207-217. ISSN: 0022-4545. Read More