...Sexual harassment can be defined as a form unwelcome verbal, visual or physical conduct of a sexual nature that can be described as being severe or pervasive in nature. It is a discrimination against sex which violates Title VII articulated in The Civil Rights Act of 1964. This federal law formally forbids any discrimination in employment on the basis color, race, sex, religion or national origin and employers with 15 or more employees are restricted under this law. The overall effects of such activities at places of work are that they cause a hostile working environment which means that they directly affect working conditions of most workers. Sexual harassment can be able to take place anywhere beginning from schools, universities and places of work. There is a verb small difference between occasional unwanted sexual advances and comments that people thing that they might be deemed inappropriate. Sexual harassment can really affect the way your employees approach all that you are doing. The main focus of this research paper will be on the status of sexual harassment at places of work in the United States. The research paper will be able to investigate the current state of sexual harassment in the workplace in the United States. As it stands at the moment, there is no specific cause of sexual harassment at the place of work. Although there is this notion that sexual harassment is mainly caused by provocative dressing or enticing behaviors by the victims, high chances are that...
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...Executive Summary Sexual Harassment, Workplace Romance According to the Equal Employment Opportunity Commission, sexual harassment is defined as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of sexual nature but can also include offensive remarks about a person’s sex. Sexual harassment claims are becoming more popular as years go by according to reports showing increases in number of claims submitted within the past years to current. Sexual harassment is illegal when matters become severe by creating a hostile environment and or adverse employment decision, including termination or demotion. Sexual harassment has become more tolerable because society has failed to recognize the behavior and do something about it versus accept the behavior and belittle ourselves. Regardless of the sex, sexual harassment can happen to anyone any age, there is not a set age requirement on the rules and regulations when it comes to sexual harassment cases. It is important for companies to have a written policy and procedure when it comes to sexual harassment within the workplace. Not only to protect the company if a case should be filed against them but to also educate their staff on what proper way to conduct themselves while at work as well as the steps to take should they be harassed, know off someone being harassed, etc. Many steps are to be taken when it comes to a case: first ask the harasser...
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... Define sexual harassment, including both quid pro quo and hostile environment harassment. Which type(s) do you feel Pollard was a victim of (if either)? Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position. Sexual harassment is 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.” Quid pro quo, “sexual harassment is the conditioning of employment benefits on an employee's sub-mission to unwelcome sexual conduct.” And, hostile environment harassment, “refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to discourage or discontinue such behavior.” In the Pollard case, I feel Teddy’s did allow for a hostile environment harassment to take place and took no means to enforce their “zero-tolerance” policy. Virginia’s direct supervisor (Mr. King) was just as culpable as her male co-workers with the unwanted verbal and sometime physical suggestions. However, her own account does not state that she received any type of benefit from King on behalf of the company for her allowance of said advances. In order to prove a sexual harassment case, the plaintiff...
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...Sexual harassment is a form of bullying or coercion of a sexual nature. The effect of sexual harassment differs from person to person and depends on the severity of the incidence, but in all the cases is affects the well-being of a person and environment of an organization negatively. This form of intimidation is not new in Australian workplace. NSW Tribunal Observation says that “a person is sexually harassed if he or she is subjected to unsolicited and unwelcome sexual conduct by a person who stands in a position of power in relation to him or her”. [O’Callaghan v Loder (no 2) [1983] 3 NSW LR 89 at 92] The Sex Discrimination Act 1984 (Cth) makes sexual harassment unlawful. Sexual harassment continues to be a gender issue where one third of the women have experienced some kind of harassment from the age of 15 compared to one in ten men. (AHRC 2008 National Survey finidings) Nearly one in five complaints received by the Australian Human Rights Commission under theSex Discrimination Act 1984 (Cth) relate to sexual harassment. The vast majority of these take place in the workplace.2 (Australian Human Rights Commission, 'Annual Report 2006-2007') A telephone poll commissioned by the Commission in 2003 found that over 28 per cent of women had experienced sexual harassment in the workplace, compared to seven per cent of men. Less than one third of interviewees from the Commission's telephone survey who experienced sexual harassment in the workplace made a formal report or complaint...
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...Cases Study on Sexual Harassment Name: Institution: Case Study on Sexual Harassment The topic of sexual harassment brings a lot of questions to mind. The exact definition of sexual harassment varies from area to area and from one country to the next. The online dictionary defines sexual harassment as requests, advances or favors that are sexual in nature and are unwelcome. It is also conduct that is sexually inclined. The conduct is either physical or verbal and submission to it either or implicitly makes it a term of a person’s employment. A person’s employment may depend on whether or not they give in to this pressure. McDonald and Backstrom (2008) define sexual harassment as an act associated with coercion or the use of threats and linking it to job benefits which are tangible. It is also unwelcome conduct which is sexual and interferes with their work, looks that are unwanted and unwanted physical contact as well as touching (McDonald and Backstrom, 2008). The way by which the victims of sexual harassment and those who observe it perceive it and how the employers tackle these issues when they arise is usually related to an organization’s liability risk as stipulated in the sexual harassment laws which are present in North America. In spite of over 30 years of academic research on sexual harassment combined with prohibition lays on harassment in work places Elkins and Velez-Castrillon (2008) still believe that sexual harassment is still a problem which is growing...
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...Does Sex Have a Place in the Workplace? The purpose for this term paper is to review the issues of sexual harassment in the workplace. As the workforce and diversity in the workforce increase, sexual harassment has a higher chance to occur. I will discuss how sexual harassment is viewed, what constitutes sexual harassment, ways to prevent it from happening, the cause of sexual harassment, the conduct, consequences, types, laws, how it should be handled in the workplace and also give my view points In 1980, the Equal Employment Opportunity Commission (EEOC), issued its first formal guidelines on sexual harassment to give employers some directions on what qualifies as sexual harassment and knowing the specifics. According to The Equal Employment Opportunity Commission website sexual harassment is defined as unwelcomed sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Professor Vicky Schultz article “The Sanitized Workplace,” reference that most management theorists and feminist lawyers believe that sex does not have a place in the workplace. In Professor Schultz’s article The Sanitized Workplace, Schultz goes on to say the American society’s most cherished beliefs are that the workplace is, or should be asexual. This means that in the workplace there should not be a distinction between males and females. Trying to do away with workplace distinction would close doors women have tried so hard to keep open that will allow some...
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...uncomfortable. harassment is an issue that many business encounter because of violations done by employees. The following information will demonstrate the act of sexual harassment, what classifies acts as sexual harassment, how its prevalent in the workplace, and ramifications that stem from sexual harassment. Background of Case The case involving Koko the gorilla and the Gorilla Foundation involves two former employees and gorilla caretakers (Nancy Alperin and Kendra Keller) who made claims that the foundation’s handlers and supervisor forced them to expose body parts (breast) to Koko to indulge her “fetish” (HRWorld, 2011). After working for the foundation for a length of time, Nancy and Kendra chose not to expose their breasts which according to them was the cause for their termination. Nancy and Kendra were with the company for approximately four months and are suing for over $1 million dollars in damages (HRWorld, 2011). Eventually both parties came to a settlement (HRWorld, 2011). The legal and morale issues that occur within this case are those of feasibility. The Gorilla Foundation has obligations to ensure employees have a safe work environment. This case illustrates that the work environment was not conducive to such a requirement. Even though Koko the Gorilla was the main beneficiary of such actions of the allegations, the Foundation has a responsibility to Koko, the workers, and the foundation to uphold appropriate conduct. Sexual Harassment Sexual Harassment...
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...Case study Albert & Fred Nowadays, sexual harassment is very common in the places of work across the globe. The sexual harassment can be defined in the form of sexual assaults, sexually threatening behaviour, and sexual coercion etc. The sexual harassment can be occurring in many different ways and scenarios. Many philosophers have argued on the sexual harassment and there are several definitions of sexual harassment among those philosophers. On the other hand, there are many activities and behaviours which can be consider sexual in nature but it is not necessary that all the sexual behaviours count as sexual harassment. The assigned case of Albert and Fred will examine in the light of Edmund Wall’s sexual harassment definition. The sexual harassment theory of Edmund Wall illustrates that, this case is not sexual harassment because many aspects of his definition of sexual harassment are missing in the case study. In this paper it will be proving by the references that this case does not come in sexual harassment. Wall’s theory of sexual harassment argues that the sexual harassment occurs when the harasser does not attempt consent from his victim. Wall introduces some of the mandatory and sufficient conditions of sexual harassment, when the both conditions happen together then a situation changed to the sexual harassment. Wall considered X as the harasser and Y is the victim “Y does not consent to discuss with X, X’s or someone else’s purported sexual interest in Y” (Wall...
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...In response to the request on potential liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager. In one incident Mr. King and the other warehouse workers put a sign on a truck that read "HARDHAT REQUIRED/BRA OPTIONAL." King and another employee called Pollard over to look at the sign and encouraged her to do as it said. This clearly indicates that Mr. King had knowledge of the harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles...
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...DEFINING THE TWO TYPES OF SEXUAL HARASSMENT Abstract This paper is an analysis of the two types of sexual harassment as defined by the Equal Employment Opportunities Commission. It examines Quid Pro Quo harassment and a hostile working environment and how it affects leadership, employees and the atmosphere in the work place. It will define the victim’s rights and the consequences the offender may face. Finally, it reveals methods that can be used to prevent harassment in the work place. History showed the need for legislatures to enact new laws to help employees and employers defend themselves from sexual harassment suits. When the federal law prohibiting sexual harassment in the workplace was enacted in 1964, it made certain that employers were responsible for preventing and stopping sexual harassment in the work place. The law, definition and preventive measures made it possible for employees to defend themselves and retain their jobs. Employers have defended themselves and employees alike by enacting policies and procedures that define and interpret sexual harassment and what constitutes an offense. Conclusions based on the research of literature regarding sexual harassment indicate that after years of defining harassment, creating laws and policies, evidence shows that harassment is still a factor in the work place. Sexual advances, and hostile work environments still exist and employees are looking towards management to provide them...
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...Sexual Harassment in the Workplace 1 Lori Spence LDR 222 Workplace Diversity Owen’s Community College Professor Margaret Parker April 14, 2013 Sexual Harassment in the Workplace 2 Introduction Workplace Sexual Harassment is an issue that is very delicate. The facts are that sexual harassment occurs more than most employers, and employees would like to admit and since the recession the number of cases has risen. All claims of harassment and sexual harassment should be immediately investigated by the employer, in the same manner as other employee complaints. If the investigation confirms the allegations made, immediate corrective action should be taken, including counseling and if appropriate, suspending, demoting, or discharging the offender. In this paper we will look at the facts, causes, outcomes, employer/employee responsibility, and the statistics that are very alarming. Sexual Harassment is an issue that can be viewed in different ways depending on who is looking at the issue and why. We will also look at the alarming trend of male sexual harassment and why it has become almost as common in the workplace as female sexual harassment. I choose this topic because it was interesting that sexual harassment can mean many different things depending on who you ask. The fact that since the recession male...
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...moment in sexual harassment history in the workplace. In this case the Supreme Court made it official that they supported the guidelines the commission set in place for sexual harassment in the workplace. In this particular case Vinson proved that the vice president of the company caused a hostile work environment. The courts use the definition of hostile work environment written by the commission guidelines as the burden of proof. (MERITOR SAVINGS BANK v. VINSON, 477 U.S. 57 (1986)). The burden of proof that Vinson proved was that “the (1) unwelcome behavior (2) was because of the Vinson gender, (3) the unwelcome behavior created a hostile work environment, and (4) the employer is liable according to appropriate agency laws.” (Current Issues on Sexual Harassment) In more recent cases like Ani Chopourian v Mercy General Hospital 2012, she was awarded 168 million dollars the largest compensation given to one individual in a sexual harassment case. Asheley v Aarons Inc. 2011, Asheley was awarded $95 million because she was harassed by the store manager. Female Employees v Mitsubishi Motors 1998, the female employees was awarded to $34 million because Mitsubishi was allowing them to work in a hostile work environment. The list of sexual...
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...Sexual Harassment and ADA Policies Current Legal Issues of Human Resource Management HRMT650-1602A-01 Instructor: Brett Gordon Krashenda Banks-Smalls To: Elora Jean, Owner From: Krashenda Banks-Smalls, HR Consultant Date: May 9, 2016 Subject: Understanding against the sexual harassment charges and preparation of responses against the charges of EEOC Per our earlier conversation it has been brought to my attention that a sexual harassment charge was recently filed with the Equal Employment Opportunity Commission against Elora Jean & Company by two of our female employees. Both employees’ are employed in one of our nonunion satellite offices, where they have been subjected to several occurrences of unwelcomed sexual advances by one of their male supervisors. Both employees have advised that despite reporting the unwelcomed advances made by the supervisor, no action has been taken in regards to the supervisor and the harassment has continued for 3 more months. Since nothing has been done by the employer in regards to their initial complaint, they were left with no other choice than to think that the company was not going to do anything to rectify the problem so they decided to file a claim with the Equal Employment Opportunity commission about the continued incidences of sexual harassment that have been occurring at the work site. As a company we are required to submit a response to the claim filed by the two employees in regards...
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...Sexual Discrimination and Sexual Harassment among the sexes Name: Institution: In a post-modern society characterized by rapid economic progression, technological advancement, progressive diversification and complication of social life, issues of sexual harassment and discrimination have come into play, demanding more and more reflection and attention. Research indicates the shows that a large fraction of the current sexual discrimination and harassment occurs in the workplace, and the form of harassment produced has dire consequences as compared to harassment occurring in the public place. The effects exacted on victims extend further than mere mental anguish to include deterioration of employment conditions, where some victims are forced to resign to avoid more harassment ultimately causing economic losses. Notably, the high probability of occurrence of sexual harassment and the severity of harm go beyond the imagination of people and thus it is necessary to understand and solve this issue. This paper investigates sexual harassment and discrimination at the intersections of gender. Specifically, the paper examines the reasons as to why harassment occurs among sexes and why it is underrepresented among each gender. Defining Sexual Harassment and Discrimination When the terms sexual harassment and discrimination are used or rather mentioned in a conversation they raise an alarm. Sexual harassment, according to Fitzgerald, Collinsworth & Harned (2001), is legally...
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...Sexual Harassment Sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo. It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. You are a member of a protective class You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff. Harassment complained of was based on sex. Submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. An example of this could be...
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