Sexual Harassment - Research Paper Example

? Sexual Harassment Crux of sexual harassment Sexual harassment in legal terms can be attributed to the undesirable sexual advances, requests for the sexual favors and that of verbal as well as physical conduct of a sexual nature at a time when submission to such conduct is made a term or condition of employment or participating in the educational programs. The submission to or the rejection of the above stated conducts has purpose or effect of unreasonably interfering with the work performance of student’s academic performance creating an unapproachable, aggressive or unpleasant working or that of learning set up. Some of the examples of sexual harassment can be regarded as the creation of the working conditions or that of a learning atmosphere by recurring written, verbal, physical and visual contacts connected with the sexual implications. The written forms may include that of “obscene letters, notes, invitations and the verbal forms may include that of derogatory comments and slurs, jokes, epithets and that of the physical form may include that of assault, unwelcome touching, impeding or that of blocking movements” (Definition of Sexual Harassment, 2012). The visual forms may include leering, gestures and display of sexually offensive objects like that of objects, pictures, cartoons as well as posters and so on (Definition of Sexual Harassment, 2012). Sex discrimination Vs gender discrimination The phenomenon of sex discrimination is depended on the discrimination that is solely attributable to sex which can be stated as discrimination on the basis of being a male or a female. The phenomenon of gender discrimination is embedded within the perceptions of gender, gender stereotyping as well as gender biases (Sex Discrimination and Sexual Harassment, 2012). Legal definition of Quid pro quo The phase ‘Quid pro quo’ is used in colloquial English and it is also legal concept used within the trade arena related to exchange of goods and services. Within the dimension of trade a contract is said to be binding if the contract is a quid pro quo which involves an exchange of goods and services for anything of comparable value usually that of money. It is also often used to describe corrupt practices where mainly sexual favors are given illicitly in exchange for cash. There is a very common saying that, “You scratch my back and I'll scratch yours” (Quid pro quo, 2012). An instance of this form of sexual harassment can be stated as if a teacher or any school employee states that grades of a student will be based on submission of unwelcome sexual conduct and this abuse of authority is illegal regardless whether the individual refuses sexual demands or submits to them (Sexual Harassment, 2012). Hostile environment sexual harassment Unwelcome sexual advances, requests for sexual favors as well as other verbal or physical conduct of sexual nature falls within the purview of hostile environment. A hostile environment with respect to sexual harassment generates when the conducts stated above purposefully affect or interfere with the work or academic performance of an individual leading to the establishment of an offensive environment. A hostile environment also generate when these unwelcome sexual conduct reaches its severity adversely affecting the person’s ability in participating or benefiting from employment or of an education program or activity diminishes or is at the point of immense threat (Sexual Harassment & Discrimination Based on Gender,2012). Examples of creating hostile environment related to sexual harassment can be given as leering i.e staring in a sexually suggestive manner, making offensive remarks related to looks, clothing body parts, making cheap jokes and so on. Factors contributing to an incident as sexual harassment The conducts which are deemed to be sexually harassing can be said to be involving a pattern of offensive behavior. However it can be stated that a single incident may constitute sexually harassing behavior which depends on factors like the degree to which the conduct affects a student’s education or the work environment of an employee. Determination also depends upon the type as well as the duration of the conduct as well as the identity and relationship between the alleged harasser and the student or the employee (Sexual Harassment & Discrimination Based on Gender, 2012). Standard by which unreasonable behavior is defined The unreasonable behavior is defined by some parameters. The parameters will be based on whether a conduct is verbally abusive or physically or both, frequency of its occurrence, hostility of the conduct, whether the alleged harasser is a co worker or a supervisor, whether others joined in the act of harassment and whether the harassment is directed towards more than one person and so on (What it is and what you can do about it, 2004, p .6). Severity and pervasiveness A sexually harassing conduct is severe and pervasive at a time when its frequency of occurrence is massive and entails humiliation or physical threats or irrational intrusion into the work performance or learning atmosphere of the victim (General Counsel, Sexual Harassment, 2012). Reason for written policy in every company It is of utmost necessity that a company should maintain a written policy against sexual harassment for the purpose of promoting health, safety and intellectual achievement of all faculties, employees working in an organization. The goal must be directed towards the establishment of an environment which shall recognize the worth as well as potential of every individual as well respecting of all the members (Sexual Harassment Prevention Training, 2012). Again any program which is made to generate awareness against sexual harassment by an employer who possesses prior history of sexual harassment should be deleted from the written policy in the prevention of sexual harassment (Schickman, 2012). Case analysis Beth Faragher sued under the Title Title VII alleging of the hostile work environment as well as that of sexual harassment. The district court at a bench trial found the case in favor of Faragher and was awarded nominal damages of $1.00. But the Supreme Court reverses the decision of the Eleventh Circuit. Within the period 1985 and 1990 in case of attending college Fargher works as a part time and during the summers she was working as an ocean lifeguard for the city. The supervisors of Faragher were Bill Terry, David Silverman and Robert Gordon. The life guards and the supervisors were stationed at the city beach and they worked out of the Marine Safety headquarters which was a one story building. The lifeguards reported to the lieutenants and captains who in return reported to Terry. He was basically supervised by the Recreation superintendent who in turn reported to a director of Parks and recreation that was answerable to the City manager. The lifeguards actually had no significant contact with higher city officials like that of the Recreation superintendent. Faragher claimed that Terry and Silverman engaged in sexually harassing conduct of both a physical and verbal nature towards her and other females. This conduct was discussed with Gordon but Farhgar did not regard her discussions as formal complaints. In the month of April 1990 i.e. two months before the resignation of Faragher a former female life guard complained to the City’s Personnel Director that it was Terry and Silverman who harassed her as well as other female life guards. The investigations of the city investigated and Terry and Silverman were punished. The city possessed an anti discrimination policy but it was never disseminated to any of the involved persons. (Faragher v. City of Boca Raton, 524 U.S. 775 (June 26, 1998). First of all the Supreme Court’s turning of decision was not judicious. It can be also stated that the girl was quite brave and transparent in her endeavor and let the actual culprits face the punishment. Conclusion It can be concluded that sexual harassment is a severe offense and it must not be tolerated at any cost as it hampers dignity of the individuals and hampering one’s dignity is a constitutional offense. The victims should be also cautious so that they do not succumb to the pressure of the guilty person. The appendix of the paper will direct towards a policy implication for the prevention of sexual harassment and the following section will be discussing a case of sexual harassment with outcomes. References Definition of Sexual Harassment, (2012), Retrieved on October 10, 2012 from: http://fhdafiles.fhda.edu/downloads/diversity/Def.ofSexualHar.pdf Faragher v. City of Boca Raton, 524 U.S. 775 (June 26, 1998), Retrieved on October 10, 2012 from: http://www.garlands-digest.com/cs/sc/1990s/98/sc0698fa.html General Counsel, Sexual Harassment, (2012), Retrieved on October 10, 2012 from: http://www.uwsa.edu/gc-off/deskbook/harass.htm Quid pro quo, (2012), Retrieved on October 10, 2012 from: http://www.phrases.org.uk/meanings/quid-pro-quo.html Sex Discrimination and Sexual Harassment, (2012), Retrieved on October 10, 2012 from: http://www.catalyst.org/publication/213/sex-discrimination-and-sexual-harassment Sexual Harassment & Discrimination Based on Gender,(2012), Retrieved on October 10, 2012 from: http://www.provost.illinois.edu/resources/campusconduct/gender.html Sexual Harassment Prevention Training, (2012), Retrieved on October 10, 2012 from: http://www.wpi.edu/Admin/HR/academ092.html Schickman, M.I. (2012), Retrieved on October 10, 2012 from: http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/w96shi.html What it is and what you can do about it, (2004), Retrieved on October 10, 2012 from: http://eeo.gsfc.nasa.gov/docs/sex_har_web.pdf Appendix Policies Implications 1. The individuals must not suffer from silence and be totally confident in addressing grievances 2. Employment of contract officers who are trained in providing confidential and impartial information to the individuals who will be able to completely resolve the issue. They are required to provide useful sounding board for reflecting the situation of the individual and provide new perspectives 3. Managers as well as the supervisors must be taking judicial steps in preventing sexual harassment in the work place and they should be executing immediate corrective actions for prevention of sexual harassment. 4. Prompt investigation of any alleged sexual harassment related to work. . 5. The companies will also not permit any employment based retaliation against anybody who comes with a complaint of sexual harassment Read More