Recent Situation of Sexual Harassment - Essay Example

Running Head: RECENT SITUATION OF SEXUAL HARASSMENT Recent Situation of Sexual Harassment Submitted by: XXXXXXXX Number: XXXXXXX of XXXXXXXX Introduction: One of the many ‘no – tolerance’ activities in any organization is any form of sexual harassment. In the case of 1995 Auto Corp, there have been two cases that have been claimed within the organization yet with no response or action. This paper aims at discussing the steps that need to be taken to solve the issue or claim of any sexual harassment. The paper will discuss the various elements of the sexual harassment and the laws that relate it. Also the legal liability of 1995 Auto Corp will also be included which will also permit a chance to discuss the possibility of reducing the charges in the future as well. Sexual Harassment: Sexual harassment is considered as a form of sex discrimination which occurs in workplaces. This is managed under the Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), which mainly deals with the sex discrimination at the work place. Sexual Harassment has been defined as, ‘Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment’ (Farlex Free Dictionary). The other legal definitions that have been provided include, ‘Quid Pro Quo Harassment:  "Something for something;” this is the "you do something for me and Ill do something for you" type of exchange.  This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances’ (Sexual Harassement Support, 2010). Also, ‘Hostile Environment Sexual Harassment:  This occurs when an employee is subjected to comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a regular part of the work environment’ (Sexual Harassement Support, 2010). Processing a Claim: 1995 Auto Corp has been given two claims of sexual harassment by the employees. The company should have taken a number of steps when this occurred. The company should have undertaken to a minimum the following steps which include an initial talk with the employee filing the complaint, interviewing of any potential witnesses, interview of the person who has been accused of the sexual harassment, documentation of all the events for the records of the company as well for legal requirements (Howard, 2007). The above mentioned are the minimum that need to be carried out, however if the company should have processed the claim effectively and should have apart from the abovementioned steps also assigned a separate human resources person for the case, to help reduce the repetition of the story to different people each time. Also, understanding that this is a sensitive topic, it is necessary that the individual is able to act with compassion and in a respectful manner (Harvey, 2008). Once all the documentation is completed, the company would also need to take all corrective measures for the safety of the employee and also for the work environment as well. EEOC Charges: The above mentioned steps are very essential for 1995 Auto Corp as the U.S. Equal Employment Opportunity Commission requires all the data and information of the charge documented by the company as a proof of the steps and initiatives taken by the company to deal with the claim. If this documentation is not available, as in the case of 1995 Auto Corp, the company is at fault and can be charged under the EEOC laws and regulations. 1995 Auto Corp: The company is directly considered liable for the case of sexual harassment when the employee brings the events to the knowledge of the company. According to the law, the company automatically becomes liable for the event automatically, if the management is aware of “(1) openly practiced in the workplace; (2) well-known among employees; or (3) brought to the employers notice by a victims filing a charge” (Roberts & Mann, 2010). As per the 1991 Civil Rights Act 1995 Auto Corp will be liable for the damages if the EEOC finds out that the company was aware of the events of sexual harassment within the organization. Mediation vs. Litigation: In case the company is able to use mediation then the company will be able to maintain confidentiality and also not lose the reputation in the markets. Also the employees of the company will not be affected in any manner and there will not be any impact on the motivation of the people working in the company as well. The mediation is not only beneficial for the company but also so for the victim as well as it allows keeping the issue under wraps. Also the responsibilities and the positions can be changed to help the employee and the offender can also apologize and compensation can be also provided for the issues and difficulties that have been faced (Orlov & Roumell, 2005). Avoiding the Charges: As seen in the above discussion it is clear that the company needs to develop a sexual harassment policy and the complaint system for the sexual harassment should also be developed and incorporated effectively (Heathfield, 2010). In case the company is to receive any further complaints then attempt should be made to take immediate action for the same and to keep all the details of the complaint and the case until the investigation is complete and the case is solved. Also the company requires training the supervisors for the sexual harassment monitoring and also for keeping a check on the inappropriate behavior as well. A detailed explanation of what consists of harassment and when an employee can and should raise a complaint. The EEOC in the context of Title VII of the Civil Rights Act has strongly recommended that acts of sexual harassment should be prevented. A strong disapproval should be shown to any behavior that classifies as a sexual harassment. Also the company should develop strong sanctions against those who indulge in such behavior and setting up of a system of complaint, inquiry and evidence (Colter, 1996). Recommendations for 1995 Auto Corp: 1995 Auto Corp should examine if they have made any policy with regards to sexual harassment. If that policy is in writing it can be presented to the EEOC. The employees should also be warned about any sexual harassment behavior and a text form of the communication to the employees should also be submitted to the EEOC. The company cannot deny the fact that there were complaints that were raised. It is the company’s mistake to not take the complaint into accordance and not take any actions against the accused. Hence the company should concentrate on the development of a complaint process and finally, 1995 Auto Corp should request EEOC that it would like to participate in mediation so that the damage can be minimized (Myers, 2010). Foreign Employment and Work Visa and 1995: Employees irrespective of their work level or even their working visa, the punishment for all should be the same, i.e. removal from the job. There are countries like Germany and Italy where employers do not have to fire erring employees, but in the US, EEOC guidelines are very clear, if the company policy is violated the employee must be fired. Similarly, if a worker on work visa is harassed, his complaint has to be investigated and if found true the perpetrator has to be punished in accordance with the company policy. Conclusions: Sexual harassment is a very serious issue and any person who is accused of this need to be aware of the seriousness of the issue. This is a ‘no – tolerance’ issue and will not and should not be taken lightly by anyone within the organization. As very rightly explained by Roberts and Mann, ‘Sexual harassment in the workplace presents an ongoing and growing risk to businesses operating in the United States. Today, the time is right for businesses to begin to manage their risk in this area more wisely. Preventing sexual harassment in the workplace requires a considerable investment of time and personnel. In the end, however, these costs will be offset by significant savings in legal fees and health-care costs. Companies will also benefit from increased worker productivity. From a purely business perspective, a company only stands to gain if it takes a no-nonsense, hard-line position on sexual harassment. Not only is it the right thing to do, it is the smart thing to do’ (Roberts & Mann, 2010). Hence for 1995 Auto Corp. it is essential that the company concentrates on the improvement of the complaint response and the complaint process must be developed in a manner to ensure complete responsiveness. Also it is the duty of the human resources to ensure that no complaint goes unanswered and all the complaints are duly followed up and an investigation is carried out.    References Colter, C. (1996, September). Handling a Sexual Harassment Claim. Retrieved February 27, 2010, from http://www.cooperativegrocer.coop/articles/index.php?id=192 Farlex Free Dictionary. (2010). Sexual Harassment. Retrieved February 26, 2010, from http://legal-dictionary.thefreedictionary.com/sexual+harassment Harvey, D. P. (Director). (2008). Sexual Harassment: Workplace Issues [Motion Picture]. Heathfield, S. M. (2010). How To Address an Employee Sexual Harassment Complaint. Retrieved February 26, 2010, from http://humanresources.about.com/cs/workrelationships/ht/sexualharass.htm Howard, L. G. (2007). The Sexual Harassment Handbook. Career Press. Myers, G. J. (2010). SUGGESTIONS FOR DEALING WITH SEXUAL HARASSMENT CLAIMS. Retrieved February 27, 2010, from http://all.net/games/sex/harass1.html Orlov, D., & Roumell, M. T. (2005). What Every Manager Needs to Know About Sexual Harassment. AMACOM. ROBERTS, B. S., & MANN, R. A. (2010). SEXUAL HARASSMENT IN THE WORKPLACE: A PRIMER . Retrieved February 26, 2010, from http://www3.uakron.edu/lawrev/robert1.html Sexual Harassement Support. (2010). Sexual Harassment in the Workplace. Retrieved February 26, 2010, from http://www.sexualharassmentsupport.org/SHworkplace.html Read More