...Sexual Harassment Paper HRM320: Employment Law Professor Maccarthy DeVry University Online Felicia Rodriguez Sexual Harassment Paper Sexual Harassment can happen to anyone of any sex. Harassment can occur between employees of the same sex or different sex. Sexual Harassment includes sexual comments, inappropriate touching, unwelcome sexual advances, and request of sexual favors, verbal or physical conduct that creates an offensive or sexually charged working environment. Many people don’t understand the laws behind sexual harassment in the work force. Sexual Harassment is a form of sex discrimination that occurs in the workplace. People who are victims of sexual harassment may sue under the Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In the Federal courts sexual harassment was not recognized as a form of sex discrimination until the 1970s, because the problem was that it was originally perceived as isolated incidents of flirtation in the workplace. Employers are now aware that they can be sued by the victims of the workplace that are being sexually harassed. The courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S Equal Employment Opportunity commission (EEOC). This language has been formed as the basis for most state laws prohibiting sexual harassment. The guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical...
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...Sexual harassment is a form of discrimination that happens in familiar environments far too often. It frequently occurs in our place of employment. It’s a subject that needs to be taught to all employers, employees, and other individuals in the work place on how to prevent and counter these activities. Employers should implement and strictly enforce a guideline which directly informs all parties of the consequences if not followed. Employees should understand that they should have no fear of harassment since the policy is there to back them up. In doing so, this should make the environment much more comfortable for every individual since there is a policy in place to support them in a situation that may arise. Moran (2008) wrote that “sexual harassment consists of the request for sexual favors as well as touching, joking, commenting, or distributing material of a sexual nature that an individual has not consented to and finds offensive” (p. 261). It’s a form of unlawful sex discrimination. Under federal law in the United States, sexual harassment is unwanted verbal or physical behavior of a sexual nature that occurs in the workplace or in an educational setting under certain conditions. Such behavior is illegal if it creates an environment that is hostile or intimidating, if it interferes with a person’s work or school performance, or if acceptance of the harasser’s behavior is made a condition of employment or academic achievement (Microsoft Student, 2007). The differences...
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...Sexual Harassment Research Paper Legal Definition of Sexual Harassment Sexual harassment is defined as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature that tends to create a hostile or offensive work environment. This also includes displaying material of sexual nature that one may find offensive. (LawInfo, para. 1-2) Sexual harassment vs. gender discrimination Sexual harassment differs from gender discrimination in that the unwanted sexual advances, verbal or physical, is behavioral and seeks personal motives. With gender discrimination, it’s not so much based on the unwanted advances and behavior, but how an individual is treated unfairly on the basis of their sex. In both cases, it can happen to males and females. (Sexualharassmentlawyer, para. 2-3) Legal definition of “quid pro quo” (vicarious liability) sexual harassment and example Quid pro quo sexual harassment is defined as employment benefits that are made dependent on the provision of sexual favors; failing to do so, can have serious drawbacks such as loss of employment or benefits. (USLegal, para. 1) Example, a manager makes sexual advances towards one of his employees and he or she repeatedly rejects him. The manager then tells the individual that they must comply with his request or else they will lose their upcoming promotion and potentially their job. The employee feels pressured and feels as though they must comply since their manager...
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...Evolution of the Army Sexual Harassment Assault Response and Prevention program The Military must adapt their focus of training on sexual harassment and assault prevention. There is still a big problem DOD wide due to what the program focuses on. Since the DOD first realized the need for a program, there has been many changes to the focus of the training and message. The Department of Defense, as well as the army, has come a long way in training, preventing and reporting sexual harassment and assault. SHARP is still the Army’s number one priority to this day. People are constantly looking for new ways to better the number of sexual harassment and assaults. Looking at the history of the program as well as current statistics, the program...
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...Sexual Harassment Employment Law DeVry University September 22, 2013 Sexual Harassment Brittany has a legally viable claim for quid pro quo sexual harassment and hostile environment sexual harassment. Quid pro quo sexual harassment is defined as “sexual harassment in which the harasser requests sexual activity from the harassee in exchange for workplace benefits” (Bennett-Alexander & Hartman, 2012, p. 403). Hostile environment sexual harassment is defined as “sexual harassment in which the harasser creates an abusive, offensive, or intimidating environment for the harassee” (Bennett-Alexander & Hartman, 2012, p. 403). Brittany has a legally viable claim for hostile environment sexual harassment against her co-worker, Robert. He was making inappropriate comments about her chest. She asked him to stop, but he continued. She found pictures of herself on his desktop. When she took this information to her supervisor, nothing seemed to have been done about it. Now Robert has a passcode on his computer, making is assumed that the photos are still there. Brittany has a quid pro quo sexual harassment claim against Dwayne Miller, her supervisor. He told her she could have a promotion if she showed him her breast. This is offering a promotion for sexual activity. He also told her they would discuss the situation with Robert over a trip that was work related. She refused both. Weekend work trips were never part of her job before. Because she refused to show her breast and...
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...Abstract This paper explores sexual harassment and the various elements that are associated with sexual harassment. The definition of sexual harassment and some of the behaviors that are considered sexual harassment are discussed. This paper also describes the difference between sexual harassment and gender discrimination. Quid pro quo sexual harassment is explained with examples, along with what constitutes a hostile work environment. The reasonable person standard and how to determine if the behavior is unwelcome are two ways that companies can help to protect themselves. A sample draft of a sexual harassment policy is included at the end of this paper with reasons of inclusion. Sexual harassment is a very serious issue in the workplace, different from gender discrimination, and includes many different elements including a hostile work environment. According to the EEOC website, sexual harassment includes, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Although these are the typical forms of sexual harassment that most people think of, the EEOC website continues, “Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.” (Sexual harassment, 2010) This means that any sort of offensive joke about sexuality is also sexual harassment. Harassment does not have to happen with members of the opposite sex, it can also be of the same sex. A...
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...Practices Deter Sexual Harasment at Workplace Ethical Practices Deter Sexual Harasment at Workplace Submitted on: 3th January 2016 Submitted on: 3th January 2016 Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Chew Yoong Sen MBS 151068 Semester 1, Session 2015/2016 MBSA 1533: Business Ethics, Responsibiliy and Sustainability Lecturer: Dr. Abul Quasem Al-Amin Table of Contents Papers Table II Abstract 1 Issue 1 Problem Statement 2 Analysis 3 Recommendation 6 Conclusion 8 References 9 Papers Table No. | Title | Journal Name | Year | Authors | 1 | Sexual Harassment In The Workplace: Selected Court Cases And New Legal Provisions In Malaysia | Asian Social Science | 2015 | Kamal Halili Hassan;Yee Zing Lee | 2 | Ethical Leadership: The Effect On Employees | International Journal Of Business And Management | 2015 | Atiya Alshammari;Naser N. AlmutairiShebaib Fahad Thuwaini | 3 | Sexual Harassment In The Workplace: An Overview Over The International Law And Current Law And Practice In Malaysia | International Journal Of Humanities And Social Science | 2013 | Dr. Muzaffar Syah Mallow | 4 | Impact Of Ethical Leadership On Employee Job Performance | International Journal Of Business And Social Science | 2012 | Shukurat Moronke Bello | 5 | Factors Influencing Sexual Harassment In The ...
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...(EEOC) was established to enforce discrimination laws that have been set up to protect the employees from the different types of discrimination. One of the key forms of legislation to protect employees is Title VII of the Civil Rights Act of 1964. Unfortunately, sexual harassment is a common complaint in a work environment. Sexual harassment does not just have to include inappropriate unwanted touching. Sexual harassment complaints also include derogatory, suggestive, or rude comments, intimidation, and displaying inappropriate photos within the workplace which creates a hostile work environment. Sexual harassment cases are filed with the courts in every state. This paper is going to concentrate on the Alabama case Reeves v. C.H Robinson Worldwide, Inc. A brief background of the reason for the complaint, employer defenses, and the court ruling will be covered. A final topic will analyze if an employer responsible if the accused harasser was an independent contractor instead of an employee. The Case Only two female employees worked for C.H. Robinson Worldwide, Inc. Reeves was employed as the transportation sales representative in the summer of 2001. The entire time Reeves worked for the company she experienced sexual misconduct on a daily basis by the male employees. “Reeves alleged that she was subjected to hearing her male co-workers call other women names such as “b***h,” “wh**e” and “c**t” on a daily basis. She also claimed that there were repeated vulgar discussions about...
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...Sexual Harassment: The Emerging Epidemic Plaguing the Healthcare Industry Andrea Ramos, Brandy Gunstanson, Karen Ayala, and Vicki Thach Tarleton State University, Ft. Worth In recent months, the prominence, damaging effects, and consequences of sexual harassment, has become a hot button issue among Americans. As individuals continue to come forward with allegations of sexual misconduct, it is being noted that most encounters are occurring in the workplace and, undiscriminatingly, in a variety of industries. Subsequently, individuals are coming to the overwhelmingly horrific realization that there is no profession untouched by the Human Resource nightmare known as sexual harassment. The Equal Employment Opportunity Commission defines...
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...Case Study/ White Paper HRMN 300 October 7, 2012 Pomodoro Ltd. Code of Business Conduct 2012 Pomodoro Ltd. is a food and beverage industry giant and our recent merger with Thompson snack foods will enable us to grow our business to the next level. In order to do that successfully we will need to be in compliance with all U.S. employment regulations. The following information will be outlined in detail; Occupational Safety and Health Administration laws, sexual harassment policy, Americans with Disabilities Act, and Equal Employment Opportunity. Employees of Pomodoro Ltd., like all major companies, derive from different countries and cultures. Our goal is to educate our employees of all backgrounds so that we are all in compliance with the company’s guidelines. As a leader in the food and beverage industry it is especially important for our company to be aware and compliant of Occupational Safety and Health Administration (OSHA) laws. It is our responsibility as employers to comply with all applicable OSHA standards. Under the OSHA act employers are responsible for providing a safe and healthy workplace. OSHA regulations state all employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected...
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...Employment Law and Discrimination Paper Robert Truitt LAW/531 April 11, 2016 Richard Pacheco Employee Law and Discrimination Paper Discrimination happens in the workplace daily. All employees must report discrimination issues ASAP. This essay will analysis a scenario with an application of the elements of this cause of action and then move to the available defenses to the employee and employer while analyzing the potential civil liability of each possible party-defendant. Analyze each of the elements of this cause of action, the applicable defenses, and the basis for the Judge's ruling. As a result, the sufficiency of articulating a cause of action become crucial, especially when claims involving torts of cheating, deception, and trickery (Marino, 2005). Sex discrimination in the workplace presents one of the most significant problems for women in the twentieth century (McDonald, 1993). In this case, a male felt like he was getting sexual harass. The cause of action in the scenario was; the Plaintiff felt like he did not get a promotion due to the Defendant sending sexual videos to his email. The Plaintiff assumed that his boss saw the sexual email when his boss walked passed his cubicle. The Plaintiff did not have any evidence that his boss saw the video nor that the video was the cause of the Plaintiff not getting the promotion. In the workplace were the Plaintiff and the Defendant work sexual harassment and sexual jokes was the norm with their team...
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...Sexual Harassment Deborah C Gilliam 06/22/2014 MGMT402 -1403A-02 Jonathan McGovern Sexual Harassment In the United States they have many laws that protect individuals from different types of harm, including regulations that protect individuals from sexual harassment. These regulations describe, sexual harassment, which consist of behaviors as sharing explicit jokes, and official papers, incongruously touching and individual and basing decisions on the serenity of sexual request. Sexual harassment regulation in the United States gives equal protection and remedy to males and females. These regulations also apply to events where sexually incongruous behavior occurs amongst the members of the same sex. The United States has a body of guidelines recognized as the Unlawful Workplace Harassment Policy. These guidelines proscribe state personnel from making sexual remarks that generate an intimidating work atmosphere, demanding sexual nepotisms as a work condition or making undesirable sexual advances. This strategy gives a worker 30 days succeeding an occurrence to file a grievance with her company. A company who accepts such a grievance must respond within sixty days. If a target of sexual harassment is not gratified with the deed taken by her company, he/she has thirty days to petition to the Office of Administrative Hearings and the State Personnel Commission (M, 2011). A member of staff who is sexually harassed may also file a grievance with the Equal Employment...
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...Describing the research problem The aim of this research proposal is to put forward a review of sexual harassment that women face at the workplace. Sexual harassment is a form of sex discrimination that violates Human Rights to equality in workplace. It is indeed very unfortunate to know that such an issue is still happening in an unrestrained manner in today’s world. In this report, sexual harassment will be first defined. Moreover, emphasis will be laid on the main issue of this research, that is, sexual harassment at work against women. Finally, we will examine how and why harassment occurs and the possible solutions to combat this issue at the workplace. We are targeting better understanding on how to provide a holistic perspective to sexual harassment. Throughout the report, the main focus will be to know and understand why women are the major victims of sexual harassment and what forms of harassment they have to face and why the case is so mostly. Aims and objectives The research proposal seeks to investigate the actual situation of sexual harassment for women at workplace. There are myths relating that sexual harassment occurs mostly to subordinates because of their professional vulnerability. It is also true that sexual harassment is not necessarily limited to sexual desire and physical attractiveness because sexual harassment is used to bully and intimidate the victims. Hence, we can see that no one is safe from this issue. Consequently, the aim of the research is to...
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...Running head: SEXUAL HARASSMENT Workplace Advances Sexual Harassment in the Workplace Xxxxx xxxxxxxx Indiana University Southeast Abstract This study focuses on sexual harassment in the workplace. Sexual harassment affects people in every position and every field. Sexual harassment is broken into two types and has different levels. Sexual harassment in the workplace is a form of discrimination. Whether the harassers intent is to intimidate the victim into submission to show the harassers power or to persuade the victim to perform sexual favors to protect their job, it is ultimately a power struggle. The victim may experience unwelcomed sexual advances or demeaning abusive behavior producing a hostile work environment. The victim may suffer physical or mental effects of the abuse causing depression or Sexual Harassment Trauma Syndrome. Courts have ruled on both sides of sexual harassment; both in favor of the harasser and the victim. Employers can be found liable if the courts discover there was knowledge of the harassment but the company did nothing to correct the problem. Workplace Advances Sexual Harassment in the Workplace Introduction The subject of this paper is sexual harassment in the workplace. It is focused toward employers and employees to discuss sexual harassment; what sexual harassment is, who does the harassing and how to stop sexual harassment in the workplace. Background A relatively new term but is not a new problem, sexual harassment has been...
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...current (or future) workplace. A consensual relationship agreement, according to DeMaria, is an agreement that “requires both individuals to acknowledge the following: the relationship is voluntary and consensual; they understand the company's policy against harassment; they will keep the relationship discreet to avoid claims of favoritism, and they will both conduct themselves professionally at work if the relationship comes to an end” (2011, p. 19). If two adults with common interests meet and are attracted to each other, they are likely to date. They can’t help that the workplace is where they meet. I think enforcing the use of consensual relationship agreements in my future workplace is a good idea. It would be a benefit to the company because it will protect both the company and all involved parties from a potential lawsuit should the relationship turn for the worse. Encouraging employees who date to sign a consensual relationship agreement, also known as a love contract, in my future workplace could be seen as an added benefit to working with the company. The company would be protected against a sexual harassment lawsuit because it was properly documented that the relationship was consensual and the sexual harassment policies were thoroughly explained. The contract would ensure that the relationship is consensual and not forced. In the event the relationship goes awry and someone wants to sue, both people signed saying neither one was being sexually harassed. Knowing the...
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