Sexual Harassment in the Workplace - Essay Example

? Sexual Harassment in the Workplace al affiliation: Sexual Harassment in the Workplace The prime purpose of any organization is goal achievement, survival, efficiency and organizational growth. Achieving these objectives depend on the four factors of production capital, labor, land and entrepreneurship. Human capital is an essential resource, and a fundamental element for organizational effectiveness is sound interpersonal relationships. These are nevertheless, compromised by the most controversial, intricate and wide-ranging human resource problem, that is sexual harassment. The concept of sexual harassment is a conventional phenomenon, which first appeared in the 1970s in United States. The concept also appeared later in 1986 in Europe. 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 the organization (Australian Human Rights Commission, 2013). Australia human rights commission holds that an individual sexually harasses the other when: 1. The individual makes an undesirable sexual progress or unwanted sexual request for sexual favors to the harassed. Circumstances to be considered might include, but not restricted to; (a) age, sex, sexual preference, color, race, ethnic origin and religious belief of the harassed person. (b) The association involving the person and the individual who started the progress or appeal or who involved in the behavior. (c) Disability of the harassed person or other pertinent circumstance. 2. The harasser participates in unwarranted manner of a sexual character in relation to the harassed person. Sexual harassment is an intense problem in the contemporary workplace that is increasing at a high pace. Thousands of males and females come forward every year to report their sexual harassment and employers and other state agencies. In the beginning of sexual harassment in 1970s, researchers anticipated that one in every two women would become a sufferer of sexual aggravation in the job environment. The quantity of employees who lodge complaints of sexual aggravation in the private and public labor force remains high. Discrimination in employment has been increasing over the decades, but sexual harassment has currently been the basis of 33 percent of all harassment claims (Boland, 2005) according to the national agency charged with examining sexual aggravation in the place of work. The cost of sexual harassment is very expensive to both the employer and the individual being harassed. The United States department of labour holds that millions of dollars are lost in job opportunities, and more are lost in awards after harassment cases. Types and forms of sexual harassment One of the most arising questions on the aspect of sexual aggravation in the office seeks to answer what specific behaviors amount to sexual harassment. However, studies today look at the broader range of sociosexual actions in the workplace as well as the conditions highlighted above for advances of sexual harassment. In establishing whether sexual harassment occurred or not, there has to be a complete analysis of actions patterns and aspects that are unwanted. In defining the term sexual harassment, request for sexual favors, sexually oral and physical behavior, as well as the sexual advance must to be ‘unwelcome’. This implies that the person complaining of sexual harassment must demonstrate that he/she did not attract encourage, solicit, or invite the sexual behavior of the harasser. The reason is that a real consensual sexual association or sexual behavior in which the said victim willingly participated, might not be takes as unwelcome, and thus, is not sexual harassment. The courts look for further consensus by evaluating all the circumstances that the alleged victim intentions and not the harasser’s (Business & Legal Reports, Inc., nd). Sexual harassment takes many forms: visual, verbal, touching written, power, force and threats. Visual behaviors include staring, posters, flyers and magazines. Verbal forms of harassment take the form of dates requests, questions pertaining ones personal life, whistling, sexual jokes and rude comments. Written behaviors that amount to sexual harassment includes love letters and poems, obscene poems and letters and cards. Touching behaviors are such as violating space, grabbing, pinching, patting, kissing and caressing. The harasser may also use his/her power to engage in relationships and using the position to solicit for dates and sex. Threats of sexual harassment include the quid pro quo, job loss and demands while physical assault and rape account for use of force (Australian Human Rights Commission, 2013). Sexual harassment may be categorized into two major types; quid pro quo and hostile setting sexual aggravation. Quid pro quo sexual aggravation is when a manager or supervisor asks or for sexual favoritism in substitute for employment benefit. This is the most clear cut form of harassment in the workplace that operates as a form of on-the-job blackmail. In illustrating the occurrence of quid pro quo aggravation, it is vital to establish the connection involving the unwelcome and improper sexual behavior and the employer’s acts. Hostile environment is more common form than sexual blackmail. Hostile environment arises when harassment affects the targeted victim’s capacity to perform his/her task or when it yields a daunting, antagonistic or offensive work environment. Past researches have evidenced that female workers are at high risks of sexual harassment than their male counterparts. 42% of female federal workers, 53% of women in the general population, as well as 80% of university female students have been sexually harassed. A substantial proportion of hostile environment sexual harassment has resulted in the establishment of reference case laws. In determining a prima facie harassment case, the alleged victim has to demonstrate that unwarranted conduct of a sexual kind has affected his/ her terms of service. That is the unwanted sexual conduct has either adversely affected work performance or it has brought forth a hostile working environment (Jackson & Newman, 2004). This may be illustrated based on the regularity of the unfair act, its seriousness, whether it was physically threatening and whether the act unduly interrupted job performance. Proving sexual harassment remains a challenging issue because a noteworthy adverse employment action must have occurred. Moreover, the act/s of the harasser must be severe enough for a court to institute the existence of a hostile work setting. Men also experience sexual stalking in the place of work, though at a lesser percentage. Men’s experiences with sexual harassment are less disturbing in nature as men have greater power in the society. In some instances, same gender harassment also arises. Why Women are Susceptible to Sexual Aggravation in the Place of Work Women are highly vulnerable to harassment because of vertical stratification and horizontal segregation. Horizontal separation is the clustering of women in a small number of job classes that are conventionally with women such as secretaries and teachers. Vertical stratification, on the other hand, implies that a majority of women tend to be employed in low ranking positions and are dependent on males for approval, hiring, retention and promotions. In South Africa, horizontal segregation is evident as women work in specific sectors, notably secretaries, typists, bank tellers and clerks. Active male population is higher than that of active female population; 39 % of women were professionally qualified for specific job while 64 % of males were professionally qualified. The number of women working in the informal sector is high in South Africa, which was around 44% in 2003. Thus, horizontal clustering of women in “women jobs” and place of work setting characterized by sex segregation is clear. The persistence of harassment in the workplace may be due to occupational sex segregation. A survey conducted in South Africa (2003/2004) set out that vertical stratification is evident in the country. While only 12% of females were employed in top positions, male dominated the top managerial ranks, accounting for 88%. A number of women globally perform low status jobs, and their work is planned and appraised by men. It has also been established that sex role spillover arises when the gender formation of the work role or work group is either largely men or women, in contrast to being gender balanced. Females holding positions in jobs conventionally considered for males and females encounter more harassment than females working in gender professions. In addition, Jackson & Newman (2004) illustrate that men working primarily with women are most likely to receive unwarranted sexual attention than those working principally with other males. In largely patriarchal societies and institutions, women who venture into the male dominated occupations or who challenge the dominance of men is discernible target for sexualized antagonism. Sexual harassment on women gratifies the perpetrators as well as enforcing the patriarchal status quo when frequently practiced. Majority of Sexual harassment comprises of females in vocations characterized by low incomes ((Bimrose, 2004). Occupational/ vertical segregation leaves women concentrated in lowly paid jobs and, thus disadvantaged. It has also been held that sexual harassment victims hold lower ranks in the occupational hierarchy. The measure of risk that a woman takes on varies in relation to the type of environment in which she executes her task. Females working in extremely sexualized conditions encounter more harassment than those who do not. A study by the United Kingdom’s equal opportunities commission anticipated that fifty percent of all women in the workforce encounter sexual harassment at one point in time in their working lives (Bimrose, 2004). Across United States, the same problem has been highlighted as a social setback with 50 percent of females subjected to conditions of sexual harassment during their academic and/or working lives. Studies indicate that rates of women harassment may be even higher in Africa. Effects of sexual harassment Sexual harassment victims may experience wide ranging sentimental reactions such as self-doubt, humiliation, anger, depression and loss of confidence. Victims may also not recognize the relations between the physical signs and the stress they are experiencing. Psychological complexities like post traumatic stress disorder and substance use have also been found in sexually harassed victims. Somatic complaints like headaches, exhaustion and gastrointestinal disturbances have also been found. Sexual harassment reduces productivity, idea generations and teamwork, especially when the act of harassment has been perpetrated by a co-worker or team member. Apparently, reduction in teamwork has an effect on the entire organizational effectiveness. Harassment also lowers the morale of workers as well as employee loyalty. Organizational reputation may also suffer an immense deal by the exposure and negativity of sexual harassment. Customers, governments and other business partners may withdraw their loyalty and support of organizations that perpetrate sexual harassment. The organization may also be financially affected due to settlement costs and court fees, as well as productivity losses. How to manage sexual harassment in the workplace Sexual harassment management in the places of work requires cultivation of a value system and promotion of behavior norms. In addition, enhancing a culture of mutual respect, emphasis of ethical behavior and ensuring a healthy and safe working environment helps in keeping sexual harassment under check. Another preventive measure entails having a standard code of ethical conduct that every organizational member abides to, and which is used as the reference point whenever unethical issues arise. An organization also needs to have clear cut complaint and reporting channels as a reactive measure to report cases of harassment. Keen observation of workplace functions and conduct, observing the happening of gender enmity and disparity, as well as punishment of sexual offenders are other reactive measures that can help manage sexual harassment in the places of work (Newman & Jackson, 2004). Sexual harassment is undoubtedly detrimental and needs to be put under check with the urgency it deserves. One of the measures to do so is have an effective sexual harassment guidelines highlighting the guidelines for prevention and handling of sexual harassment. Nonetheless, an organization having a sexual harassment policy may not necessarily mean that incidences of harassment will not arise. In such cases, there has to be policies and remedies to deal with harassment whenever it arises. The organization’s management should make sure that every organizational member has the proper tools and consciousness to deal with harassment. Who Can Perpetrate Sexual Harassment and Extent of Liability? Any worker can commit sexual harassment including supervisors, subordinates to supervisors and co-workers. Thus, sexual harassment the workplace can be bottom-up, top-down and sideways. Customers in some instances may also commit sexual harassment against an employer’s workers. For illustration, restaurant clients may perpetrate an act of sexual harassment against the waitress in his/her course of duty (Business & Legal Reports, Inc., nd). The act of harassment does not solely depend on the basis of sex of both the victim and the harasser, but the actions leading to harassment must be sexual in nature. The employer is generally liable for sexual harassment in the workplace. However, liability depends on various factors like the status of the harasser. An employer may be held liable for sexual harassment in the place of work for acts perpetrated by the following people: 1. Organizational supervisors, whether or not the employer was aware of the aggravation, provided there is a concrete job interrelated harm. 2. Organizational supervisors, given that the harassment generates an illegitimate hostile environment, but does not resort to concrete work interrelated harm, and the company did not apply rational care to avert and swiftly correct any harassment. 3. Other workers, given that the employer was aware of ought to be aware of the harassment. For instance, if a manager knew of the harassment, it is deemed in law that the employer ought to have known of the harassment. 4. A third party entering into the place of work, such as a client, provided that the employer was aware or ought to have known of the harassment (Business & Legal Reports, Inc., nd). Conclusion Sexual harassment is an unwarranted sexual conduct by one person (harasser) against the other (victim). Sexual harassment is not a new concept in the workplace, having been first reported in the early 1970s. Sexual harassment takes many forms including verbal, physical, use of force and threats. There are two key types of sexual harassment in the workplace: the quid pro quo where a person in authority uses his/her position to seek sexual favors from the victim. Hostile working environment grows when the working environment limits an individual’s capability to execute his/ her job tasks, as well as when the working conditions are insulting. Previous researches on sexual harassment in the offices reveal that women are most likely to be victims of sexual harassment than male workers. Women who take up challenging roles in occupations that are traditionally viewed as men are more likely to be harassed, in contrast to women occupying gender balanced oppositions. Horizontal segregation and vertical stratification in occupations may be used to explain why women are more vulnerable to sexual harassment than males. Horizontal segregation is where women typically occupy roles that are conventionally viewed as women’s jobs resulting in sexual stereotyping. Women who challenge this perception become tangible targets of sexual harassment. Vertical stratification is where women occupy low ranking and paying jobs that require approval of males in managerial positions for promotions and appraisals. Sexual harassment in the workplace has harmful effects on both the victim and the organization. Victims suffer from psychological and somatic effects like depression and reduced work morale. The organization suffers from reduced productivity, negative publicity, absenteeism, turnover rates and financial costs in courts settlements and damages. In order to avoid negative consequences, it is critical for an organization to have an effectual sexual harassment guideline. The guidelines must include proactive and reactive measures to prevent the occurrence of sexual harassment. References Newman, M.A. & Jackson, R.A. (2004).Sexual Harassment in the Federal Workplace Revisited: Influences on Sexual Harassment by Gender. Public Administration Review, 64(6), 705- 717. South Africa Survey. (2003/2004). South African institute or race relations. Johannesburg: South Africa institute of race relations. Business & Legal Reports, Inc. (nd). Sexual Harassment Essentials of Prevention and Response Saybrook: Business & Legal Reports, Inc. Boland, M.L. (2005). Sexual harassment in the workplace. USA: SphinxLegal. Bimrose, J. (2004). Sexual Harassment in the Workplace: An Ethical Dilemma For Career Guidance Practice? British Journal of Guidance And Counseling, 32(1), 109-121. Australian Human Rights Commission, (2013). Sexual harassment: An overview. Retrieved on 29 April 2013 from: http://www.humanrights.gov.au/publications/part-1-sexual- harassment-overview>. Read More