Sexual Harassment Cases - Research Paper Example

 Contents Abstract 2 1.01 Introduction 3 1.02 Sexual Harassment Situations 4 1.03 Sexual Harassment Cases 4 1.03.1 Anita Hill/ Thomas Clarence 5 1.03.2 Paula Jones/ President Bill Clinton 5 1.03.3 Mitsubishi Motors Manufacturing 6 1.04 Equal Employment Opportunity Commission (EEOC) on Sexual Harassment Case 6 1.05 Effects of Sexual Harassment Cases 7 1.06 Retaliation 8 1.07 Debates 8 1.08 Conclusion 9 References 10 Abstract Sexual harassment is increasing each day in our work planes. Though many cases of sexual harassment have been reported, many employees to suffer due to fear of retaliation and public scrutiny. The solution to this problem has to be sought the soonest possible to avoid the adverse effects that sexual harassment cases have on the victim, the harasser, and the company. This essay looks into the cause of sexual harassments, effects, retaliation and the on going debate concerning the problem. It also looks into the possible solutions to sexual harassment cases especially in places of work. Three examples of major cases of sexual harassment are also explained to show how serious the vice is, yet it continues to prevail in the society without having the offenders face severe punishment. Sexual Harassment Cases 1.01 Introduction According to EEOC, equal employment opportunity council, sexual harassment is bullying, coercion, or intimidation that is sexual in nature. It also refers to inappropriate or unwelcome promise of rewards so as to gain sexual favors. In some circumstances or contexts, sexual harassment is considered illegal. Sexual harassment includes sexual assault or sexual abuse. In many countries, sexual harassment cases are very common and are referred to as a type of illegal employment discrimination. It is however very difficult to protect employees in many businesses from sexual harassment. Legal decision makers are looking for ways of defending sexual harassment cases in work places but many scholars are complaining that education on sexual harassment is still a forgotten secret. Many administrators and educators are yet to admit that cases of sexual harassment are evident in their schools, besides accepting their ethical and legal responsibilities to deal with the problem (Dziech, 1990). Historically, the case of sexual harassment was reported in 1973, in a report addressed to the then Chancellor and president of MIT on the different types of gender issues (Saturn’s, 1974). In Our Time: Memoir of a Revolution, a book written by Susan Brown Miller in 1999, quotes the activist in Cornell who thought that the term sexual harassment had been coined. The activist, together with others were writing on how they were being sexually harassed in the work place, but used the terms, sexual exploitation, discrimination , coercion and intimidation on the job. Therefore, sexual harassment cases have been experienced since the time memorial. Unfortunately, little has been done to curb this behavior, which is very common in the work places. Human resource management has to take responsibility now, and shun away this evil, since it has caused great suffering, especially among women. 1.02 Sexual Harassment Situations Cases of sexual harassment can occur in many circumstances. In many cases, it occurs in situations where the harasser serves in a powerful position or authority than the victim’s. the cause of harassment in many situations is usually differences in political, social, age, employment or educational relationships. Sexual harassments occurs in the following forms of relationships,; the harasser can be a client, teacher, co-worker, legal guardian, student, friend, or stranger. The victim, on the other hand, does not need to be directly harassed, but may find the behavior abusive or offensive. The harasser and victim can be of any gender, while the effects adversely affect the victim. Unfortunately, the harasser may not be aware that their behavior is offensive or is a form of sexual harassment, and hence unlawful. Sexual harassment, in some cases, results from misunderstandings, which can be either reasonable or unreasonable. According to Heyman, (1994), unreasonable misunderstanding can be illustrated by an example where a man may be holding a given stereotypical view about a woman and fail to understand the woman’s message to stop. 1.03 Sexual Harassment Cases Cases of sexual harassment have been very evident in our everyday lives. However, they are even more common in working places between work colleagues. Unfortunately, it is perpetrated by seniors against their junior staff. It has been used in exchange for promotion, employment opportunity or job retention among many others. Unfortunately, females are mainly the victims, as men harass them, though men fall victims but in very few cases. Some of the major cases of sexual harassment are as listed below. 1.03.1 Anita Hill/ Thomas Clarence In 1996, Anita Hill accused Thomas in a live coverage, of sexually harassing female colleagues, as well as use of inappropriate language, as they worked together. Because the allegations were not in any part considered as lawsuit, the claims of Hills were neither disapproved nor approved, and Thomas denied the allegations. Nomination of Thomas was approved by a 52-48 senate vote. Consequently, one year after these hearings, cases of sexual harassment that rose by more than 50% (Koss, 1987). The cases were mainly experienced by junior staffs from senior staffs in their work places. 1.03.2 Paula Jones/ President Bill Clinton As the president of United States of America, Bill Clinton came under fire due to sexual harassment allegations, against Paula Jones. Paula Jones was an employee of the state, when Clinton was Arkansan’s Governor. Paula claimed that in 1991 in a hotel room, Clinton exposed himself before her and asked for oral sex. However, Clinton denied the allegations and after many rounds of filling her allegations, her lawsuit was dismissed due to the failure to state the claim. Settlement was reached during the process of appeal, but Jones dropped the case in $850,000 exchange without an apology or admission of guilt from Clinton. Her allegations, however, gave way for Clinton’s sex life investigations. President Clinton’s impeachment and the scandal by Monica Lewinsky were great follow-ups to Paula Jones case. 1.03.3 Mitsubishi Motors Manufacturing Cases of sexual harassment against women were very common in Mitsubishi motors manufacturing. Female workers working at Illinois where everything was normal were hence paid $34 million in 1998. Additionally, several more millions were paid out in individual cases. Routinely, women were verbally abused, fondled, subjected to obscene jokes, graffiti and behavior. In one case, a man fired an air gun in between the legs of a female worker. This abusive environment made many women quit from working for Mitsubishi. In another case, women were denied promotions because they refused to exchange it with sexual favors. Fortunately, Mitsubishi has cleared this tarnished reputation, and the company hired Martin Lynn, the former labor secretary. Martin overhauled a complaint system that was against sexual harassment with a zero tolerance policy. 1.04 Equal Employment Opportunity Commission (EEOC) on Sexual Harassment Case EEOC claims that it is against the law to sexually harass a job applicant or employees of either gender in places of work. The harasser and victim could possibly be of either gender, and not necessarily of the opposite sex. There are no bans on offhand comments, incidents or simple teasing by the law that are not very serious. EEOC produced enforcing and defining guidelines for organizations concerning any form of harassment in organization in 1980. Sexual harassment can takes the forms of sex discrimination, hostile environment, sexual orientation or quid pro qou , that is, something for something in the form of sexual bribery, sexual coercion, or promise of benefits. 1.05 Effects of Sexual Harassment Cases Sexual harassment effects widely vary depending on individuals affected duration, and severity of the harassment. Incidents of sexual harassment are often annoying. However, many of them completely alter the victim’s life, especially when they are chronic and severe or the victim faces retaliation for failing to submit to such harassment, or openly complains about it. Psychologists and other social workers say that severe sexual harassment has similar psychological effects just like rape or other forms of sexual assault (Koss, 1987). According to Koss, (1987), Coflin Judith committed suicide after facing chronic sexual harassment in 1995 from her coworkers and bosses. Every year, moreover, cases of sexual harassment cost millions of dollars through lost professional and educational opportunities, especially for women and girls (Boland, 2002). The common effects of sexual harassment on the victim include low work performance, loss of career or income, public scrutiny of personal life, subjection to gossips, public sexualization, reputation and character defamation (Heyman, 1994). Others include loss of trust in similar working environments and people of similar position, weak support network, loss of recommendation/ references and having to relocate to other jobs or cities. Sexual harassment also has effects on the organizations. First, there is increased conflict and decreased productivity, failing to meet financial goals, job dissatisfaction, loss of expertise and staff from due to resignations that result from sexual harassment (Koss, 1987). Increased absenteeism, by staff being harassed also lowers productivity. Health consequences that result from sexual harassment also increase medical costs. If the problem is not timely solved, the company losses its reputation undermining of organization’s ethics, legal costs are also very expensive for the company. Research studies show that the working climate of an organization is essential in understanding the conditions under which sexual harassment may likely occur. These include organization’s tolerance, procedures, and policy among others, and their effects on the victim. Another element that increases sexual harassment is gender context of the job like few women against many men. 1.06 Retaliation Retaliation has been experienced when employees suffer negative actions after reporting sexual harassment cases, assist or participate in activities of preventing discrimination, or file a grievance. The negative actions include demotion, being fired, denial of promotion, suspension, unfavorable job-reassignment, and poor evaluation (Boland, 2002). Just like sexual harassment, retaliation is also illegal, but very difficult to prove. Even if a sexual harassment case was not proven, retaliation remains illegal. 1.07 Debates Sexual harassment is a phrase that is generally acknowledged in causing morally deplorable behavior but its boundaries are broad and controversial (Dziech, 1990). Therefore, misunderstandings are bound to occur. Additionally, law of sexual harassment has faced major criticisms from experts like Volokh Eugene for imposing on free speech’s rights. Feminist groups have criticized the policy of sexual harassment for maintaining archaic stereotypes against women as delicate sexual creatures without any special protection. For instance, Caile Paglia says that many young girls end up in acting in ways that expose them to sexual harassment. For example, acting nice makes them easy targets of sexual harassment. When interviewed by Playboy, she commented that young girls should realize the degree that their niceness can invoke people to sexually harass them, thus violating their niceness. The more they blush, the higher the degree of being sexually harassed (Boland, 2002). Sexual harassment legislation and policy have also been criticized as means of trying to regulate romance that is against human urges (Boland, 2002). Other critics assess sexual harassment as a serious problem but current views heavily focus on sexuality, more than the conduct that undermines employees’ ability to effectively work together. Most of the prevalent forms of sexual harassment are aimed at maintaining work, especially if the job is more rewarding (Dziech, 1990). There are also major concerns over the abuse the policy of sexual harassment, administrators and employees use false or frivolous accusations in order to expel employees that they want to expel because of other reasons. Thanks to US states’ at-will law as employees now have no virtual recourse (Westhues, 1998). Debate on recent trends concerning permissive habits and revealing clothing has created a general environment that is more sexualized with unfairly labeled communication, but are simply reactions to even greater sexualization in our everyday’s environment (Westhues, 1998). Debates on how organizations need to deal with cases of sexual harassment are still very strong. Some observers strongly feel that organizations should be zero tolerated in cases of sexual harassment through reports, investigations and punishments. Others feel that those experience such harassment have an option choice in many circumstances. 1.08 Conclusion Sexual harassment cases especially in places of work are very common in every state or nation. Unfortunately, women are the worst affected as they mainly fall to be the victims. Sexual harassment in the work places can be in the form of coercion, discrimination, sexual assaults among others. However, sexual harassment is mainly caused by need for promotion, to secure a job, or to retain a well rewarding job. Unfortunately, sexual harassment has very negative effects, not only to the victim and the harasser, but also to the organizations at large. Effects to the victim include low work performance, loss of career or income, public scrutiny of personal life, subjection to gossips, public sexualization, reputation and character defamation. The organization also faces, poor public reputation, loss of money in medical treatments and legal cases, as well as low productivity resulting from resignations and firing of competent staffs who fail to give in to sexual harassment cases. References Boland, M. L (2002). Sexual Harassment: Your Guide to Legal Action. Naperville, Illinois: Sphinx Publishing, Dziech, L. (1990). The Lecherous Professor: Sexual Harassment on Organizations. Chicago Illinois: University of Illinois Press. Heyman, R. (1994). Why Didn't You Say That in the First Place? San Francisco: Jossey-Bass Publishers. Koss, M. P. (1987). "Changed Lives: The Psychological Impact of Sexual Harassment." Albany, NY, State University of New York Press. Westhues, P. (1998). Ivory Power: Sexual Harassment in Organizations. 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