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Sexual Harrasement

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Cases Study on Sexual Harassment

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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 in organizations to date. 24% of women who took part in a survey were found to be victims of sexual harassment in the meta-analysis that was examining the harassment rate in the United States (Elkins and Velez-Castrillon, 2008). Another 58% reported having experienced potentially harassing behaviors. Referencing Guber 1997, Elkins and Velez-Castrillon wrote that 51% of women in Canada experiencing harassment that was sexually inclined. O’Donahue and Bowers (2006) give a definition of sexual harassment that is takes into account all the previous definitions by writing that it is a sexual behavior taking place in a working environment while at the same time proving offensive to a worker or a group of workers. It is behavior which occurs in or outside the setting of work and occurs between work colleagues as opposed to people who have just met and are not working together. The victim is forced to undergo a number of work environment sexualization so as to ensure that they retain their employment or get perks within the organization. Reasons for Sexual Harassment in the Work Place According to McDonald and Backstrom (2008), there are several reasons and explanations that have been provided for the occurrence of sexual harassment in the workplace. While these explanations are many, there have been just as many contentions which accompany them. One explanation is the natural attraction-biological attraction. According to McDonald and Backstrom (2008), this theory argues that sexual harassment occurs naturally when women and men work closely together. Another explanation is that sexual harassment is a behavior which is learned by or conditioned in a person which results in their habitual commission of harassment in the organizations where they work. Sexual harassment is related to societal definitions of sex-roles that are pre-existing (McDonald and Backstrom, 2008). Another explanation that is given is that the structures within an organization make it possible for sexual harassment to take place due to how they either tolerate or encourage abuse of power. The final theory is a feminist one which argues that sexual harassment is behavior which is intentional and as such is designed to ensure that a position of power is maintained (Farley, 1978, Gutek, 1985 and Terpstra, 1997, referenced by McDonald and Backstrom, 2008). Of the given theories, the sex-role spill over theory has been found to have an explanation for some milder forms of sexual harassment. The feminist theories which have focused mainly on power relations as their main focal point are more accepted in terms of explaining sexual harassment. The power relation theory is also able to differentiate other forms of harassment because of disability or race from other forms of harassment. This is because the theory takes into account the levels of control and authority and how they differ between men and women. Effect of Sexual Harassment on the Victims Employees who undergo sexual harassment go through a number of psychological and emotional problems. Victims tend to have reduced satisfaction in the jobs, begin to withdraw from their jobs, and become less committed to the organizations of employment. They also tend to have reduced productivity, have more cases of absenteeism, and develop perceptions of injustices in their organizations and turnover intention (Collinsworth et al, 2009). Impact of Sexual Harassment on an Organization According to Elkins and Velez-Castrillon (2008), the biggest expense that arises from sexual harassment in an organization is the legal action which victims may take against it. In 2006, a total of 12,025 claims of sexual harassment were sent to the United States Equal Employment Opportunity Commission and it managed to obtain, in monetary benefits for the victims, a sum totaling to $48.8 million. On average, plaintiffs in suits for sexual harassment are awarded a total of $250,000 (Referencing Zugelder, Champagne and Mauer, 2006). According to Elkins and Velez-Castrillon (2008) referencing Sharkey 2006, this amount increases if there is presence of evidence of a pattern of harassment against other parties and the plaintiff. Companies can take actions to ensure that the liabilities for hostile work environment are limited. The legal risk that results from sexual harassment is related strongly to the victim’s perception of behaviors that are potentially harassing and how the organizations handle the complaints that the victims bring forward. According to Elkins and Backstrom (2006), companies respond in a number of ways. If a company takes the right action in dealing with these claims, the likelihood of a victim taking legal action against it decreases and its legal liability is reduced should a lawsuit be pursued. Many employers have a tendency to inappropriately address complaints of sexual harassment and therefore tend to find themselves being sued. According to Elkins and Backstrom (2008), research has stipulated that employees who report sexual harassment tend to experience minimization and retaliation from the organization they work for. How to combat Sexual Harassment According to Hodges (2006), employers need to establish policies which are clear in order to deter sexual harassment. The employer needs to take action in a timely manner so as to end it before it escalates. This action may or may not involve taking disciplinary action against the perpetrator. Though not a requirement, employers may also terminate the employment of the harasser in order to ensure that such behavior ceases. Employers and organizations should take a zero-tolerance policy with dismissal as one of the options but not the only option. There should be flexibility in such policies to empower the employer to decide whether termination or otherwise is suitable. Training on sexual harassment has proved effective in reducing cases of sexual harassment in an organization while at the same time increasing their legal knowledge. According to a study carried out by Blakely 1998, men who had not received training had seen situations that were ambiguous as less harassing than their female and male counterparts who had undergone the training. Both men and women who had received this training viewed such ambiguous situations similarly (Elkins and Backstrom, 2008). A research by Moyer and Nath in 1998 found that gender differences when viewing cases of sexual harassment were eliminated (Elkins and Backstrom, 2008). Elkins and Backstrom (2008) see the need for further research in exploring the effectiveness of training in reducing biases that are extra-legal while at the same time examining how effective different training methods and content. In conclusion, there is need for organizations to offer strict guidelines on how to address claims of sexual harassment so as to ensure that they do not face liabilities due to lawsuits. There is need for companies to provide an organization to ensure that their employees feel that they are in a warm and safe environment and as such they will feel free to come forward with their claims. If a work environment is deemed hostile, the employees are unlikely to bring forth their complaints as they will fear retaliation or even loss of employment. Companies should also have strict guidelines on how to discipline perpetrators of sexual harassment and offer counseling the victims of such perpetrators. This will ensure that the work place is deemed safe and that the victims’ productivity remains unaffected by the ordeal.

References
Collinsworth, L. L., Fitzgerald, L. F., & Drasgow, F. (2009). In Harm's Way: Factors
Related to Psychological Distress Following Sexual Harassment. Psychology of
Women Quarterly, 33(4), 475-490. doi:10.1111/j.1471-6402.2009.01525.x
Elkins, T. J., & Velez-Castrillon, S. (2008). Victims' and observers' perceptions of sexual harassment: implications for employers' legal risk in North America. International
Journal of Human Resource Management, 19(8), 1435-1454. doi:10.1080/09585190802200199 Hodges, A. C. (2006). Strategies For Combating Sexual Harassment: The
Role of Labor Unions. Texas Journal of Women & the Law, 15(2), 183-227.
Retrieved from EBSCOhost.
McDonald, P., & Backstrom, S. (2008). Fighting Back: Workplace Sexual Harassment and the Case of North Country. Australian Bulletin of Labour, 34(1), 47-63. Retrieved from EBSCOhost.
O'Donohue, W., & Bowers, A. H. (2006). Pathways to false allegations of sexual harassment.
Journal of Investigative Psychology & Offender Profiling, 3(1), 47-74.
doi:10.1002/jip.43

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