Full name Class title and number Date Sexual Harassment in the Workplace: A Rising Legal Tide The incidence of sexual harassment in the workplace, while prevalent from the early days of women in sweatshops to modern offices, posed a problem for women who, without legal recourse, were often confronted on a daily basis with such discrimination…
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Today, sexual harassment cases filed under the law, thanks to several well-publicized court actions, have become a “hot ticket” legal item, with thousands of alleged cases heard each year and as many victims saved from the indignity of work-related sexual advances. Sexual harassment as defined legally by the website Equal Rights Advocates as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment” (par. 1). This said “hostile environment” is one of the primary benchmarks for alleged sex discrimination and perhaps the most damaging in its affect on the individual’s civil rights. As one might imagine, to be fired, refused a promotion, demoted or helpless to avoid a poor performance evaluation must be the worst consequence of this deliberate act. Even if the conduct does not result in such actions, constant sexual harassment interferes with work performance, in itself creating the said “hostile environment.” As example, repeated sexual comments unreported can make an individual so uncomfortable as to affect performance and subsequently lead to negative work assessments. No doubt, before Title VII, many a worker was dismissed without the full disclosure of what was going on, or even if it was, out of the control of the offended person. One can only imagine this situation. Sexual harassment is also legally defined as an overt and obvious form of sex discrimination, which means men are allowed--although in the nineties, statistically not as likely as women to do so -- file charges. Today, however, changes have occurred and more men are filing complaints. In 2006 the number of complaints by men sat somewhere around 1870; by 2009 it was up to 2,094. “The spike in male sexual harassment claims coincides with a recession that has hit men harder than women” (Mystal par 2-3). Statistics show that from 2008 to 2010 the number of men who lost their jobs was nearly double that of women. Using the state of Michigan as an example, where unemployment is high, the percentage of claims by men increased nearly 10 percent from 2007 to 2009. (Mystral par. 3). Whether men or women are filing, the conclusion is clear. Since the early nineties things have certainly changed in terms of attitudes toward what was once thought quite acceptable “normal” male/female, or female/male behavior in the workplace. There is a heightened consciousness in society concerning sexual harassment, and a relentless, much-needed, and well-overdue push toward "zero tolerance" of sexual harassment in workplaces, including the military. Those old enough can remember the well-publicized Tailhook scandal regarding sexual abuse and harassment against female military recruits, as well as suits brought against major corporations by the Equal Employment Opportunity Commission (EEOC), including Mitsubishi Motor Corporation for a consistent pattern of acceptance of harassment. Conclusions were clear: No one desiring a secure career in the private or public sector today can afford the attitude that may have once prevailed that sexual harassmen
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The name was often used as a pet name. The other employees in our department then picked up the same and the employee the name was the order of the day. The employee has now brought a claim for sexual harassment under the title VII of the Civil Rights Act of 1964; This paper seeks to look at sexual harassment in the workplace under the above title, and the provisions that cover offensive language that amounts to sexual harassment in workplaces.
The author states that before the late 1970s, the issue of sexual harassment had not been completely explicated within the constitution. Resultantly, most of the ladies were overtly fearful of disclosing their sexual harassment matters and occurrences at their workplaces since they feared being put to blame for being provocative.
The paper also analyses the question of whether women are the main victims of harassment as well as whether sexual harassment is a global issue. The final part of the paper will look into examples of women rights at the work place and ways to eliminate sexual harassment at the work place.
According to the report physical contacts and advances, demand or request for sexual favors, sex related remarks, pornography in front of women workers, or any physical, psychological, verbal or non-verbal conduct of sexual nature can be attributed as the sexual harassment at workplace. Sexual harassment is considered as employment discrimination.
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.
Sexual harassment is on the rise at work places. Sexual harassment has been defined as sexual advances without consent, sexual favor requests, physical or verbal conduct which is sexual in nature and inclined to creating offensive or hostile working environment (Swisher, 1994).
Sexual harassment is described as any sexual activity that makes the victim feel uncomfortable as a result. It is identified as any uninvited behaviour that is inflicted on other workers based on their gender. Sexual harassment may occur both physically and mentally to the victim.
Sexual harassment is considered as a public embarrassment and humiliation where the harassed may be blamed for her dress and lifestyle at times.it is unfortunate that the harassed normally become under scrutiny and this really interferes with their reputation and dignity.
Some view sexual harassment as a symbol of male dominance, while others perceive it as a typically undisruptive form of interaction (Paludi, 1999). The problem is that the label has been used to such a variety of behavior that its definition and implication has been largely reduced.
According to the Michigan state and federal state law, sexual harassment falls under two categories. The first category is the ‘Quid pro-Quo’, which occurs when the perpetrator places an explicit or implicit condition of submitting to sexual conduct in the workplace.
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