When people think of sexual harassment, they typically think of a group of guys saying dirty jokes to a woman. Although that is an example of sexual harassment, it goes much further. Sexual harassment is unwelcome sexual advances, requests for favors of a sexual nature. Including other physical and/or verbal conduct of a sexual nature constitute sexual harassment when this behavior implicitly or explicitly affects a person’s employment, unreasonably interferes with an employee’s work performance, or creates a hostile, intimidating, or offensive work environment. Sexual harassment is a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also covers employment agencies and labor organizations as well as the federal government. (www.ecoc.gov)

Sexual harassment like many other things has a history. The concept of sexual harassment is not an old one, it is a relatively new term that was started in the 1970s. The term was used in 1973 in “Saturn’s Rings”, a report written by Mary Rowe. This report was given to the Chancellor and President of MIT. The report included multiple types of gender issues that were going on at the institution. Rowe stated that in her opinion she was not the first to use the term because it was talked about in some women’s groups in Massachusetts in the early 1970s. MIT may have been one of the first large institutions to discuss sexual harassment and develop relevant procedures and policies pertaining to it. (5)

Most harassment starts with a sexual innuendo. A sexual innuendo is when someone plays on words with a possibly sexual perception of an otherwise innocent phrase or statement. For example, the phrase “We need to go deeper” can be perceived as a request for more information about a subject matter. On the other hand, depending on how it was said and the context of it, this statement could be perceived as an offer to a sexual act. This demonstrates that perception is the main principle of sexual harassment when it comes to determining whether an offense took place. Perception is the way you think about something or how you understand something/someone. (www.merriam-webster.com) With sexual harassment it is obvious that it is a complex issue that is strongly related to each person’s perception of a given situation. Every situation is different but sometimes, identical facts in two separate situations can result in very different interpretations by the parties involved. An individual is more likely to perceive sexual advances in a positive manner if those advances come from someone they like or see them as a potential mate. Alternatively, if the same advances came from someone they dislike or have no interest in, they are more likely to perceive them as sexual harassment. Add in relative power differentials between the individuals, the respective gender of the individuals involved, and the relative seriousness of the conducts involved all make the situations more difficult and complex to understand. (dbassham.wordpress.com) The perception aspect of sexual harassment applies to third parties as well. A third party is someone who knows about or witnesses the situation and is not perpetrator or victim. For example, given the previous situation assume there is another person around who happens to witness or overhear the mentioned advances. If the third party person is offended by the situation, that person has a right to file a complaint although the person the advances were directed at may not find the conduct offensive.

There are different types of sexual harassment. One type is verbal; this is an oral form and includes joking, uncomfortable or offensive teasing, and making remarks or sounds. A simple example of this would be whistling at another person as he/she walks by or if that same person bends over. Another type is non-verbal; it is based on a person’s body language with such things as hand gestures, sticking out the tongue, licking the lips, or even eating food in a flirtatious manner. If a person is eating a lollipop and flicking their tongue out and sucking on the lollipop in a sexual manner and making eye contact with a person that could be considered non verbal harassment. Visual harassment includes cover walls with calendars, drawings, pin ups, or photographs of naked or scantily dressed people, writing letters of a sexual contend, and pornographic video. Having a co worker that had Playboy Magazine pictures displayed would be an example of this. Psychological harassment hams a person’s mental state and includes repeated social invitations, undesired request for physical intimacy, and constant requests for dates. An example of this would be one party repeatedly asking another party out for a date although the offer is turned down every time. The most aggressive type is physical harassment. This includes fondling, hugging, kissing, pinching, patting, or any other distasteful touching of an intimate body part. The common denominator on all of these different types of sexual harassment is that they elicit sexual attention. (my.jobsdb.com)

With the different types of sexual harassment there are also different situations. One type of situation is called Quid pro quo; it basically means “this for that.” This situation is primarily seen in the work place. An example of this would be a supervisor promising an employee a promotion, raise, or other benefits in exchange for a date. Another example would be a supervisor telling an employee that he/she will lose their job if they do not sleep with him/her. Quid pro quo also happens when a supervisor makes decisions, withholds, or provides professional opportunities based on another workers’ submission to physical, verbal, and nonverbal conduct sexual in nature. Quid pro quo is unlawful whether the victim suffers or resists the threatened harm or submits and avoids the repercussions.

Another type of sexual harassment situation is called hostile environment. It occurs when an employee is subjected to offensive sexual material, unwelcome sexual advances, and comments of a sexual nature as a regular part of the work environment. Usually a single incident will not be enough to prove hostile environment unless the conduct is extreme. Courts will try to decipher if the conduct was frequent and serious. Managers, supervisors, and co workers can be responsible for creating a hostile work environment. The line between quid pro quo and hostile environment harassment is not always a clear one. For instance, if an employee’s job conditions are affected when a sexually hostile work environment results in a discharge. At the same time, a supervisor who makes sexual advances toward an employee may communicate an implicit threat to retaliate against her if she does not comply.

The effects of sexual harassment are different from person to person and depend on the duration and severity of the harassing behavior. Individuals can suffer through a number of mental effects ranging from frustration and irritation to stress, anxiety, and terror. Individuals may fear retaliation and victim blaming. There can also be worry for coming forward and making a complaint for implications to one’s career or other goals. There can be a great fear of retaliation and backlash, not only institutionally, but also to the community of one’s specific career path or discipline. Victims also worry about being objectified and humiliated by scrutiny and gossip, becoming publicly sexualized, and defamation of character and reputation. In addition to the victim being affected, the work place is as well. Sexual harassment breaks up the bond and cohesion of a team. Often co workers will take sides and use personal bias about the situation and take sides. (www.northwestern.edu)

The best method to deal with sexual harassment is prevention. Harassment does not go away by itself. It is more likely that when the problem goes unaddressed, the harassment will get worse and become harder to remedy the longer it lasts. It is the employer’s responsibility to do as much as possible to prevent sexual harassment. In the United States, employers are responsible for providing their workers with a work environment that is free of discrimination and harassment. Employers are required by law to take measures to prevent and deal with harassment in the workplace. If the employer does not take all reasonable steps possible to prevent and deal with harassment in the workplace, the employer might be liable for any harassment that occurs, even if the employer is unaware that the harassment was taking place. The United States has a well- articulated standard of employer liability for sexual harassment committed by an employee. Most affective preventive plans and strategies on sexual harassment need the involvement of all those concerned and a concise statement of intent. The statement of intent reflects a real commitment from all parties involved to recognize the significance of the battle against sexual harassment in the work environment. This is usually accompanied by the establishment of a written policy. Anti harassment policies explain what harassment is, lets all employees know that harassment will not be tolerated in any form or fashion, and explain how employers and employees should respond to incidents of harassment. Anti-harassment policies should also set forth a detailed explanation of the avenues by which employees can make complaints. Having an anti-harassment policy does not mean harassment will be cease to happen. Having an effective policy and procedures in place, combined with anti-harassment training for all staff, will assist in preventing harassment and support people who are being harassed to come forward and ensure that the problem is addressed quickly and effectively. In the United States, courts have held that an employer who responds quickly and effectively to a complaint by taking steps to remedy the situation and prevent future harassment will not be liable to the same extent, if at all, as an employer who fails to adopt such steps. (www1.umn.edu) I have been in a situation that encompasses a typical sexual harassment situation. One of my coworkers was being harassed by one of our superiors. It started with a sexual innuendo and instead of correcting the conduct on the right then, she played it off as a joke as she did not want him to be upset with her. As time went on the harassment became verbal. The superior would say sexually explicit things to her and invite her to his room. She continued to resist the advances but would not say anything to correct what the superior was doing. Our job had a clear and concise reporting system for these types of situations because there was zero tolerance for this type of behavior, as we were trained almost weekly on the subject. I asked her why she did not want to report him and she stated that she didn’t want to look like a tattle tell or snitch in front of the rest of the office as this superior was well received and liked. More time passed without her saying anything to anyone and it escalated to touching. As time went on, the advances started to affect her mentally and job wise. She stopped wanting to come to work and lost a lot of motivation as a result of having to deal with this work environment that no one knew about. I asked her what was wrong and then she told me about the physical touching. At that point, I told her that if she did not tell her immediate supervisor that I would tell mine. Our anti harassment policy is clear on this matter as far as what had to be done. She was fearful of retaliation, backlash and other things so she did not tell. I took it upon myself to do what war right as a coworker and member of this organization. I went and told my immediate supervisor what was going on and there was immediate action. The superior was taken to another office while the proper authorities looked into the claim and my coworker was given services and treatment to ensure that she would recover from the situation. She went through a period of melancholy behavior but after a while went back to her normal self because she was no longer in a hostile work environment. This showed me that the policy and procedures are only as strong as those who are willing to let them work for them. Sexual harassment is becoming a bigger issue in society, and as a result people must take on a bigger responsibility of making sure they are doing whatever is in their power to keep it out of their workplace. It will never be fully obliterated but as long people take a stand against it there will be some improvement

References

http://www.northwestern.edu/womenscenter/issues-information/sexual-harassment/effects-sexual-harassment.html

http://www1.umn.edu/humanrts/svaw/harassment/explore/5prevention.htm