Sexual Harassment in the Workplace - Research Paper Example

Definitions Sexual harassment as defined by the EEOC is an unwanted verbal, non verbal or physical act that is sexual committed by the employer towards the employee. This means that it is due to the person’s sex that he or she is being harassed. The sexual harassment has to be proved and the following is an analysis of what has to be proved. The presence of unwanted sexual advances is the first point to be proved. The second ground is whether sex, where it occurs was solicited or wanted. The law states that a consensual relationship that later leads to rejection of sexual advances will amount to sexual harassment.

The employee, to have a claim for sexual harassment under a consensual relationship has to notify the employer that the sexual advances are no longer wanted. This is necessary to prove that the act was unwelcome. The question that then arises is regarding the sexual behaviour. The law sets the test on whether conduct is sexual to be an objective test. This means that the burden of proof rests on the person making the claim, to show that the act was sexual in nature. This creates problems when it comes to proving the allegation.

This is because it is a scenario of one person’s word against the other. The element of unwelcome or unsolicited advances is difficult to prove as either party may assert that the advance was made by the other party. The problem lies especially where there is absence of corroborative evidence. The best evidence entails showing that there was an explicit rejection of the sexual request. The tabling of evidence to show the complainant resisted is sufficient to show the advance was not welcome.

The law does not only give protection for harassment by way of sexual advances, but also goes further and covers discrimination based on the basis of sex. Sex here connotes one’s gender. The law as to sexual harassment under Title Vii of the Civil Rights Act Of 1964 bars employers from discrimination of employees on the basis of race, colour, religion sex or national origin. This law applies to employers with a minimum of 15 employees or more. The law covers the following employers. Federal Government, State and Local governments’ Labour bodies and Employment agencies.

Sexual harassment is divided into two Quid Pro Quo Sexual Harassment and Hostile Environment Sexual Harassment. Quid Pro Quo Sexual Harassment The employer-employee relationship is one of one party asserting power over the other. The employer is the one who has power. The employer can misuse this power to get sexual favours. The law comes in to giving protection to the employee. This protection is provided throughout the whole employment process. This is from time of interview, employment and dismissal.

The law also covers training and benefits. The law that deals with this is called Quid Pro Quo Sexual Harassment. Quid pro quo in Latin means getting “something for something” or “this for that” Quid pro quo sexual harassment under the law is defined as the situation where the employer directly or overtly asks for sexual favours, physical or verbal sexual conduct or makes unwanted sexual advances as a prerequisite to employment. The other employment situations