Sexual Harassment at Work Place - Essay Example

Sexual Harassment at Work Place Student’s Name: Name of Institution: Instructor’s Name: Course Code: Date of Submission: Sexual Harassment at Work Place “Despite sexual harassment being unlawful for more than 25 years, it is still a persistent problem in Australian workplaces” (HREOC, 2004, p.6). One of the organisation’s success factors is tied on how well employees relate to each other (Compton, 2009, p. 2). This calls for regulations that govern appropriate work place behaviour. In the absence of these regulations, anti social behaviours like sexual harassment are likely to emerge (Youssef and Luthans, 2007, p.776).sexual harassment constitute unsolicited sexual behaviour that offends and demeans another person. The first forms of sexual harassment involves issues that are less physically threatening behaviours and are the most common in the work places and include use of sexist words. The second form though less common as compared to the first one involves violence (Mackay, 2009, p.194). This paper examines sexual harassment at the work place in the context of human resource management, how it can be minimized and how employees should respond in accordance with Sex Discrimination Act 1984 (Cth). The then Human Rights and Equal Opportunity Commission (HREOC) conducted a national telephone survey in 2008, which found that ‘around one in three women in Australia aged 18–64 have experienced sexual harassment in their lifetime and the majority of sexual harassment continues to be experienced in the workplace. The same survey found that ‘women are around four times as likely to experience sexual harassment compared to men’. Only 16% of those who have been sexually harassed in the last five years in the workplace formally reported or made a complaint, compared to 32% in 2003.10 (HREOC cited in Mackay, 2009, p.191). From human resource management perspective, sexual harassment is seen as hindrance to performance. While on the other hand their mandate is to enhance productivity by aligning employees to organisation’s strategic plan. One of the important requirements in any organisation is human capital. Employees’ play a critical role of ensuring that organisation’s vision is attained (Jackson, Schuler & Werner, 2011, p.321). This is only possible if the top level management put in place personnel management mechanisms that aid in enhancing productivity and also a human resource manager who can understand formal and informal relations between people. The above aspirations can be achieved by having multi pronged approach which reduces barriers to performance like sexual harassment. The essence of all this is to ensure team work, motivated workforce and thus, enhanced productivity (Appelbaum, Laconi & Matousek, 2007, p.588). A person who has been demeaned or embarrassed sexually is not likely to contribute to the organisation effectively. Sexual harassment in the work place may involve employment discrimination, potential applicants being asked for sexual favours inappropriate sexual advances or seeking sexual activity in exchange for promotion or higher positions in the place of work (Schultz, 2006, p.105).In business, sexual harassment can create serious problems for the owner of the business. Productivity can tremendously fall as sexual harassment creates tension among workers and unnecessary friction among employees. This could go to even higher level when an employee decides to file lawsuits against an employer for failing to protect them from sexual harassment. Therefore employers need to have clearly stated policies on issues of workplace sexual harassment. This will act as first step in preventing cases of sexual harassment from occurring among employees (Schultz, 2006, p.106). Observing appropriate behaviour at the work place is critical for harmonious co-existence and achievement of the organizations’ goals. Appropriate behaviour creates a productive and harmonious environment (Appelbaum, Laconi & Matousek, 2007, p.587). Thus it is the onus of management/ human resource manager to build this environment through a collaborative effort. This will reduce conflicts that arise out of personality differences while enhancing suitable work environment. One way to improve performance of an individual is through elimination of sexual harassment as way of managing performance. Performance management is the creation of collaborative effort between the supervisors and employees by aligning them with the firm’s strategic management plan. This is done by explaining shared expectations and reducing barriers to poor performance (Bacal, 2012, p.3, 4 & 5). It is important to clearly recognize that sexual harassment is real and it is a big problem in our societies today than ever before. Policy makers therefore, need to come up with laws, programs and procedures that would come in handy to eliminating this vice and mitigating its impacts of the on individuals, institutions and organisations. While it is the onus of the employer through human resource manager to curtail this vice, it is integral for employee to defend him/ herself from this heinous act. Firstly, there is need for employees to familiarise themselves with work place policy that deals with sexual harassment, discrimination and abuse (Sabitha, 2008, p.4). They should know procedures to be taken when an offence of sexual harassment has taken place. Secondly, conducting a training on sexual harassment and all that appertains to it is important in effectively communicating the subject in all environments that it occurs in (Sabitha, 2008, p.4). Employees should form peer education groups in their organisation at departmental level or as organisation as a whole outside the managerial hierarchy. However, they should inform management about this. Moreover, they can utilise the platform of trade union to advance this cause. This training should identify and describe all the forms of sexual harassment, legal procedures in seeking justice in case sexual harassment offence has taken place, as well as the penalty involved. More importantly the training should emphasize the importance of a workplace free of cases of sexual harassment (Sabitha, 2008, p.8). The importance of conducting training among employees is its potential to inform employees on how to identify various sexual harassment. There are two forms of sexual harassment in our societies today. The first one involves issues that are less physically threatening behaviours and are the most common in the work places. They may include; the use of sexist words, for instance calling women ‘doll’, ‘babe’ or ‘honey’ in public, sexual comments and questioning, jokes and teasing, request for sexual favours and unwelcome or inappropriate sexual advances. The second form though less common as compared to the first one involves violence. It may involve threats, coercion and intimidation, forced sexual assault or touching and attempted rape or the actual rape itself (Yusuf, 2010, p.180). Thirdly, as much as legislations and policies against sexual harassment are crucial, employing a supervisory mechanism to help with ensuring that no crimes committed go unpunished is equally crucial. Therefore it is important for employees to build a rapport and close working collaborative effort with their supervisors. Supervisors in a place of work should ensure professional work environment, investigate, document and report to authorities cases of sexual harassment within their places of work (Anti Discrimination Commission Queensland, 2007, p.4). Lastly, other than formulating stringent regulations and policies, carrying trainings on sexual harassment, and developing a supervisory mechanism discipline is another important factor in mitigating sexual harassment within our societies. People should follow strictly regulations against sexual harassment. When crimes of sexual harassment occur, proper disciplinary actions should be taken (Anti Discrimination Commission Queensland, 2007, p.4). This discipline starts with ones respect for own self and will the help one respect others so as to avoid incidences of sexual harassment. Perpetrators of sexual harassment offences should therefore be made to meet the full wrath of the law on sexual harassment. As such they should serve as examples for others wishing to commit such offences in the future (ILO, 2010, p.16). This will help reduce cases of sexual harassment within our school and at our work places. In overall, the main guiding legal document that protects any person from sexual harassment including employees in Australia is the Sex Discrimination Act 1984 (Cth) as amended in 2011through Act No. 46. This act stipulates how an employee should respond if exposed to sexual harassment. Section 28 A defines what is sexual harassment in the context of Australia. The definition is an important factor under common law and thus, critical in informing an employee on how to respond. Section 28A states that a person is deemed to have sexually harassed another when, “the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed or engages in other unwelcome conduct of a sexual nature in relation to the person harassed. This statement qualifies what is sexual harassment and it is from this that one should then respond accordingly”. Further section 28b up to 28L outlines what are prohibited by the Act. However, section 30 equally defines what are exempted and not included as sexual harassment. If the employee feels that the experience she or he underwent and meets the above threshold, there are two ways of get redress. The first approach would be to seek in house solution in accordance with the appropriate work place behaviour policy of that organisation if there is any or as per laid down regulations relating to human rights and freedoms. These in house regulations should not be contradictory to the act (Anti Discrimination Commission Queensland, 2007, p.5). The second course of action would be to seek redress in a court of law by suing that person in her private capacity or as an organisation if the applicant feels that the whole organisation or management is responsible. Criminal justice and legal authorities and agencies are sensitive to claims of sexual harassment by employees by their co-employees, their seniors or other persons outside the work place. Justice and legal authorities are mandated with the role of ensuring justice for victims over claims of sexual harassment (Anti Discrimination Commission Queensland, 2007, p.5). Under the first option of in house solution, if an employee is harassed by same level employee it is important to contact immediate supervisor. If the accused is above in the hierarchy then it is best forwarded to line/ departmental manager or human resource manager. Or still if the firm has a policy of dispute resolution, then it would be prudent for the complainant to follow it. On the other hand, If the applicant/ appellant felt that she/he has been harassed sexually and will not get fair redress at in house level, it is her/his onus to show the court under the Australian common law system that the defendant had harassed her/him sexual. However, there are certain parameters that can be used to guide the whole legal process. This then calls for that person to hire an attorney who will represent the case as it was by following legal procedures (Wright, 2011, p.56). One of the organisations that have strong anti sexual harassment policy is NISH organisation. The organisation is based in Vienna Virginia with main mission being to create employment opportunities for people with disabilities. The reason to choosing this case example is because people with disability at work place are more prone to discrimination including sexual harassment as compared to others. NISH prohibits any form of discrimination at their work place. Their core belief is a work environment where individuals are treated with respect and dignity. Their anti harassment policy covers both employees and clients as long as they as within the premises of the organisation. Moreover, for employees, the rules extended outside the work environment where no employee is allowed to sexual harass one outside work environment. They encourage employees to report the matter to supervisors or director of human resources. If proven that one violated their policy after investigation, disciplinary action follows. This can include dismissal. Moreover, their policy does not allow for any form of retaliation against individual who reports these behaviours and corporate with investigators (NISH, 2012). In conclusion, stringent laws need to be formulated and enforced to help stem out cases of sexual harassment within places of work and our societies in general. People need to be made aware of what the laws says on sexual harassment and the consequences of disregarding the law. The reason behind this thinking is that for an organization to attain its strategic plan, human capital is an important aspect and pertinent to it. However, this can be achieved if their conflict in the organization which interferes with team work and synergy. In addition, many companies lose billions of dollars in law suits related to sexual harassment in the form of judgment awards in court cases related to sexual harassment. Thus, organizations should try as much as possible to prevent such behaviour from sprouting. One way that can be utilized is by empowering employees so that they can be able to identify and respond to sexual harassment through having right policies, training and showing them sense on the need to collaborate with their supervisors on this issue. Further, the employees should know how to respond to such anti social behaviour in relation Sex Discrimination Act 1984 (Cth). This would be prudent for them if one wants to file a suit for damages experienced. A case example of organisation that exemplified high commitment towards stemming this vice and making their work environment suitable through appropriate work place behaviour is NISH. The company encourages opening up if any one experience sexual harassment. Moreover, they have policy for reprimanding the offender. References Anti Discrimination Commission Queensland 2007. Preventing and resolving work place harassment. Appelbaum, S. H., Laconi, G. D. & Matousek, A. 2007. Positive and negative deviant workplace behaviours: causes, impacts, and solutions. Journal of Corporate Governance, Vol. 7 No. 5, pp. 586-598. Bacal, R. 2012. Performance management. New York: McGraw-Hill. Compton, R. 2009. Towards an Integrated Model of Strategic Human Resource Management – An Australian Case Study, Research and Practice in Human Resource Management, 17(2), 81-93. Human Rights and Equal Opportunity Commission 2004. The Challenges Continue … Sexual Harassment in the Workplace. ILO 2010. Guide on prevention of sexual harassment in the work place. Retrieved on July 27 2012 from: http://www.ilo.org/wcmsp5/groups/public/---asia/---ro- bangkok/---ilo-beijing/documents/publication/wcms_157626.pdf Jackson, S. E., Schuler, R. S. & Werner, S. 2011. Managing human resources. Mason, OH: Cengage Learning. Mackay, A. 2009. Recent developments in sexual harassment law: towards a new model. Deakin Law Review, Vol 14, No. 2, pp.189-217. NISH 2012. Non-discrimination and anti-harassment policy. Retrieved on 27 July 2012 from: http://www.nish.org/NISH/Rooms/DisplayPages/LayoutInitial?Container=com.we bridge.entity.Entity[OID[C5FCE7ADE27FC94C81783ED8E4845767]] Sabitha, M. (2008). Sexual harassment awareness training at workplace: Can it effect administrators’ perception?, JOAAG, Vol. 3. No.2, pp. 1-16. Schultz, V. 2006. Understanding sexual harassment law in action: what has gone wrong and what we can do about it. Thomas Jefferson Law Review, Vol. 29, No. 1, pp.101-153 The Commonwealth Government of Australia. Sex Discrimination Act 1984 (Cth) Wright, J. 2010. Sexual Harassment in the Workplace: The Loophole Exposing Western Australia’s Parliament. eLaw Journal: Murdoch University Electronic Journal of Law , Vol. 17, No. 2, pp. 50-89. Youssef, C. M. & Luthans, F. 2007. Positive organisational behaviour in the workplace: the impact of hope, optimism and resilience. Journal Management, Vol 33, No. 5, pp. 774-800 Yusuf, N. 2010. Experience of sexual harassment at work by female employees in a Nigerian work environment. Journal of Human Ecology, Vol. 30 No. 3, pp.179- 186. Read More