Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Harassment - Essay Example

Comments (0) Cite this document
Until the later half of the 20th century, harassment was not defined legally in either the United States or Europe. However, since the 1970s both the US and the EU have expanded the definition and have implemented laws that prohibit its use. Most legal ramifications of harassment, primarily sexual harassment, arise from the workplace where employment protection has been at issue…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.1% of users find it useful
Read TextPreview

Extract of sample "Harassment"

Defining Harassment Until the later half of the 20th century, harassment was not defined legally in either the United s or Europe. However, since the 1970s both the US and the EU have expanded the definition and have implemented laws that prohibit its use. Most legal ramifications of harassment, primarily sexual harassment, arise from the workplace where employment protection has been at issue. Harassment may be sexual, bullying, insulting, or intimidating. The challenge for all legal systems is to construct a definition that makes clear when annoying behavior crosses the line and becomes harassment.
Directive 2002/73/EC of the European Parliament amended Council Directive 76/207/EEC to include a more clear definition of harassment and to provide for greater worker protection. The Directive defined harassment as, "[...] unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment" (European Parliament, 2002). The purpose of the directive was to protect equal access to employment, education, opportunity, and working conditions.
Individual EU states can pass laws that are more restrictive that the EU standard, but they are required to attain the minimum standard set by Directive 2002/73/EC. Ireland broadly defines harassment as, "spoken words, gestures or the production, display or circulation of written words, pictures or other material which is unwelcome and could reasonably be regarded as offensive, humiliating, or intimidating" (Quinlivan, 2004). Outside the workplace harassment may include threatening telephone calls, bullying, stalking, or instilling fear through intimidation.
According to the US Equal Opportunity Employment Commission, sexual harassment in the workplace in the United States is defined as "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature [...]" (Sexual Harassment, 2006). The 1986 ruling by the Supreme Court in the case of Meritor Savings Bank v. Vinson, found that employers could also be held liable for maintaining a hostile work environment and set the standard of "unwelcome behavior" as the test for infringement (Cornell University, 1986). Current law in respect to workplace harassment is based on Title VII of the Civil Rights Act of 1964.
While sexual harassment has been analyzed and well litigated, rulings on other forms of harassment have been far less objective and less well defined. Context, situation, and cultural variances may all weigh into the final definition of harassment. What may be considered harassment in the workplace may not be a crime in a personal setting. Likewise, judges and juries must weigh and examine each case on its individual merits. In general, the behavior must be "severe and pervasive" to meet the standard for prosecution. In the case of Etter vs. Veriflo Corp. a California court ruled that, "[...] calling an employee "Buckwheat" on one or two occasions, and sporadic other remarks that the plaintiff found racially offensive were insufficient for a finding of racial harassment " (Oppenheimer & Pratt, 2002).
The definition of harassment, though marginally different in the US and the EU, has as its primary intent to eliminate discrimination in the workplace. In personal settings, judges and juries find it necessary to weigh the intent and severity of the actions to determine if harassment has occurred. Courts have consistently tried to draw a sharper line that will define when behavior that is merely annoying crosses the line and becomes harassment.
Cornell University. (1986). Supreme Court collection. Albany, NY: Cornell Law School. Retrieved November 4, 2006, from
European Parliament (2002, May 10). Retrieved November 4, 2006, from
Oppenheimer, A., & Pratt, C. (2002). Investigating workplace harassment: How to be fair, thorough, and legal. Alexandria, VA: Society For Human Resource Management. Retrieved November 4, 2006, from
Quinlivan, S. (2004, May). Summary report Ireland. Retrieved November 4, 2006, from
Sexual harassment (2006, March 29). Retrieved November 4, 2006, from Read More
Cite this document
  • APA
  • MLA
(“Harassment Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Harassment Essay Example | Topics and Well Written Essays - 500 Words)
“Harassment Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Sexual Harassment

... 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...
5 Pages(1250 words)Research Paper

Sexual Harassment

.... The aspect of sexual harassment brought forth a possibility of both positive and negative effects on the society in entirety and on organizations and individuals in particular. This led to increasing attention on the subject from both researchers and organizations alike. Sexual harassment is a severe contravention on the rights of workers with unpleasant and degrading experiences, which often result in emotional and psychological trauma. Generally, sexual harassment is described as the conduct of a sexual nature, which is unwelcome, and aims at intimidating, embarrassing, degrading the victim. Furthermore, sexual harassment creates hostile working conditions for the victim, which eventually hinders productivity and social exchanges within...
10 Pages(2500 words)Essay

Racial harassment

It is often said that we are all created equal. Regardless of race and nationality, one must put on his mind that respect for others are essential inobserving their dignity. However, most of us nowadays claim superiority over the other. Perhaps, we can say that the comparison of races is still evident in which in a way affects our interaction with other people of different origin. With this, most of us often feel and think our superiority over the other in which knowingly or unknowingly, we tend to exploit those people in which most of us presume as the "lesser races" in which their rights are being lambasted. During the Nazi invasion in Europe, many Jews were killed because Adolf Hitler insisted that the Jews are of lesser import...
2 Pages(500 words)Essay

Sexual harassment

... or an applicant – based on the person’s sex. Harassment can refer to sexually-related abuse, sexual advances that are not welcomed, compulsion for sexual favors, and also other forms of physical and verbal harassment that assume a sexual nature (Bimrose, 2004). The behaviors that can be explained under the scope of harassment do not necessarily have to be of a sexual nature, but can also include remarks that are offensive, and targeted at the sex of the victim (EEOC 2014). For example, it is unlawful to harass a female employee, through making remarks that are offensive to the nature of women in general. Different from the traditional conception of sexual harassment, the harassing party and the victim can either be a man or a woman...
16 Pages(4000 words)Research Paper

Sexual harassment

...this education to compete within the domestic workforce. Although the exhibition of women in the workforce is still small as compared to men, it nonetheless represents a trend that promises to reverse much of the disparity that has previously been elaborated upon. As a function of this particular analysis, the author will discuss sexual harassment, define it, and seek to understand its determinants to a more full and complete degree;in the hopes that such an approach can more effectively engage stakeholders with useful methodologies for which it can be reduced within the future. Regardless of the inference that the reader can have upon this particular topic, it must be understood that creating a more proactive, rather...
5 Pages(1250 words)Essay

Sexual Harassment

...was not effective due to inaccessibility and ignorance on the content of the policy. The findings faulted the university unpreparedness to deal with the aftermath of sexual harassment and also the inadequacy that was noted in terms of practices and the resourcefulness of the university to deal with sexual harassment. The research recommended the increase avenues of accessing the policy documents, the creation of awareness and major changes like including gender studies as a common unit in the university. The study also recommended that the university to improve the quality of the reporting of sexual harassment to the form that could be easily accessed by the victimized students....
7 Pages(1750 words)Research Paper

Sexual Harassment

... to training managers on sexual harassment should undoubtedly take into consideration a wide a number of issues key among them being (i) What is considered sexual harassment (ii) Reasons for concern (iii) Workplace gender based antidiscrimination laws. Managers just like any other employee often find themselves involved in sexual harassment cases in different ways, which may include being a witness of the act, victim of the act or as a perpetrator. Lack of adequate knowledge about what constitute a sexual harassment especially verbal, non-verbal and physical conducts may prevent them from taking appropriate action against the unlawful act. Thus, the need to educate manger on what acts constitute sexual harassment, workplace gender based...
1 Pages(250 words)Research Paper

Sexual Harassment

...that these actions are unacceptable because Baughn can sue him with sexual harassment. Employees should avoid acts that can result to sexual harassment claims. Furthermore, people should also help report sexual harassment cases. Some victims may be afraid of reporting them because of fear of losing their jobs or not being promoted. Those who are sexually harassing them might be making threats against them already. Employees have a responsibility to their co-workers to promote obedience to the law and the protection from sexual harassment through following sexual harassment reporting guidelines. This way, they are also protecting...
1 Pages(250 words)Essay

Sexual Harassment/Harassment

...the reality in workplaces where many individuals face challenges from their coworkers. Sexual harassment is a problem that can face individual of any gender either male or female. By discussing the many cases where sexual harassment has been reported, individuals get knowledge on how to deal with those situations if they happen to them. The topic also helps workers get to know the legal steps to take and also the consequences of such conduct. According to the US Equal Employment Opportunity Commission, sexual harassment refers to the unlawful sexual advances that unreasonably affect the performance of the individual in the workplace. The unlawful sexual advances also create a hostile,...
6 Pages(1500 words)Essay

Sexual Harassment

... it. The starting point of handling the issue of sexual harassment is conducting research about the issue and understanding the various perspectives and contexts upon which sexual harassment takes place. This paper will start by discussing the origins, the evolution, and the global context of sexual harassment. It will also offer possible solutions of ways to decrease sexual harassment that is occurring in selected countries. Sexual harassment in the world Sexual harassment is an issue experienced by men and women of all ages, races, religions and nationalities, all over the world. The number of sexual harassment reports around the world continues to increase. The threat of sexual harassment affects the lives of millions, especially women...
6 Pages(1500 words)Research Paper

Sexual Harassment in the Workplace

...-cut procedures for overcoming this kind of violence. “Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.” (Sinha, n.d). Sexual harassment in workplace is most complicated factor of employment law. Today, all over the world, there are laws and policies to protect female workers from sexual harassment. Globalization has increased employment opportunities for the women workers. Now-a-days woman is playing a significant role in organizational achievements; increasing participation of women in the work environment is today’s trend. At the same time, women are facing various harassments...
8 Pages(2000 words)Report

Sexual Discrimination and Sexual Harassment around the US understand the seriousness of sexual harassment related to citizens, the government and the private sector, the paper will discuss this issue from different points of view. The importance of this topic is to understand how different people are affected because of sexual harassment, and how we, the society can influence the punishments given to the sex offenders, in order to protect ourselves from them. Firstly, we need to have a basic understanding of what sex discrimination is. Some people call it sexism, while others may call it male and female chauvinism. Sexism is a term that was formed in the late 20th century. It means the conviction, standpoint or viewpoint that one gender or sex is subordinate...
6 Pages(1500 words)Research Paper

Harassment at Workplace on the Ground of Sexual Orientation as a Problem of Lionel

... that they are laughing at him because he likes to wear brightly coloured ties. Again on the morning of a Tuesday, Lionel arrived at his work earlier than usual. He heard his male colleagues referring to him as “a big girl’s blouse”. This remark, though not intended to be heard by him upset Lionel who has become sensitive on the issue because the apparent harassment caused to him by his male colleagues. The words “big fairy” are evident of the fact that the Line Manager also discriminates against him. They are used colloquially to refer to a gay male, and are offensive in themselves. Thus not only his colleagues but even his superior has discriminated indirectly against Lionel. Law provides remedies for various kinds of discrimination...
8 Pages(2000 words)Case Study

Sexual Harassment Cases

...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...
7 Pages(1750 words)Research Paper

Sexual Harassment in the workforce

... of 1964, to wit: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (29 C.F.R., Sec. 1604.11(a), 1991; cited in Lunenberg, 2010, p. 2). As noted, for sexual harassment to be evident, the perpetuator...
6 Pages(1500 words)Essay

Avoiding Sexual Harassment Problems

...of the high expectations that the society has laid upon all members (Tatiana 2). The golden rules involved in the process of maintaining a sex harassment free zone is a core duty of all the members of the society (Tatiana 2). For instance at the workplaces, every employee holds a legal obligation to keep their working surrounding free from sexual harassment. In situations where such obligations are less taken into consideration or even ignored, Francis (23) offers a stern warning that low output from work, loss of dignity as well as low quality work may result. Coupled with the golden rule of life stating that individuals should always strictly aspire to do unto others what they would also wish to be...
8 Pages(2000 words)Coursework

Sexual Harassment in the Workplace

...(federal and NYS) will need to be considered in the context of this case? Evaluate the conduct of Peter Fenning against the EEOC’s definition of sexual harassment? The case involves sexual harassment done by an employee towards another employee who felt offended and intimidated at the workplace. In this case, there are many federal and NYS laws that can be applied. The New York State Department of Labor’s Policy Statement on Sexual Harassment is to ensure that all employees are provided a work environment free from discrimination. It is a violation of the section 703 of Title VII of the Civil Rights Act of 1964 and New York State Human Rights Law. The New York State Human Rights Law...
7 Pages(1750 words)Term Paper

Sexual Harassment In The Police Force

.... As such, Rowdy can only sue the Saint Leo County police department for civil claims. In addition, I will not be liable for the supervisor’s transgressions. Sexual harassment would result in criminal proceedings while discrimination will result in civil proceedings. It is evident that in this scenario, the Saint Leo County police department can face legal proceeding for some of the incidences. One of the evident legal concerns in the above case is discrimination, which is unlawful. The police officers are unwilling to socialize with Rowdy due her religion. They also make mean jokes about her religious practises. The negative conduct of the officers is a manifestation of the long held stereotypes about persons of certain racial...
7 Pages(1750 words)Research Paper

Sexual Harassment of Children

...leniency and no much accountability, in terms of punishing the perpetrators, is taken. Strauss also outlines some impacts of sexual harassment such as suicide, behavioral, and emotional toll. This is an important source that helps to identify cases of sexual harassment. In addition, this book discusses practical steps that can be taken to combat sexual harassment among the youth. The book is fairly current and is thus a clear reflection of today’s scenario. Therefore, it is an important source and can be used appropriately to support existence of cases of childhood sexual harassment. Finkelhor, D. (2008). Childhood victimization: Violence, crime and abuse in the lives...
8 Pages(2000 words)Annotated Bibliography

Sexual Harassment at Workplace

...The Legal Environment 8 The Social Environment 8 Specific Causes of Sexual Harassment in the Workplace 8 The Role of the Company to Curb Sexual Harassment in the Workplace 9 Socialization in the Workplace 10 Instances of Sexual Harassment in the Workplace 10 The origin of social views in line with sexual harassment 11 The Prevailing Trends of Workplace Sexual Harassment 11 Steps to Prevent Sexual Harassment in the Workplace 11 Proactive Steps 11 Rehabilitative measures 12 Responsibility of the stakeholders 12 Employer Responsibilities 13 Employee Responsibilities 14 References 16 Sexual Harassment at...
13 Pages(3250 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Harassment for FREE!

Contact Us