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 around for a long time and has different forms (Cabrera & Cavanaugh, 2013). The term was first introduced in the mid 1970s by feminist activists and lawyers (Cabrera & Cavanaugh, 2013). Over the years the term has become more widely used and defined in cases such as Meritor Savings Bank v. Vinson, Anita Hill v. Clarence Thomas and Burlington v. Ellerth (Cabrera, & Cavanaugh, 2013). In 1997 the reported number of sexual harassment claims from the U.S. Equal Employment opportunity commission (hereafter referred to as EEOC) was 15,889 in 1997 and in 2011 the amount of claims had dropped to 11,364 (EEOC). This does not mean, however, that the war against sexual harassment has been solved and a solution discovered. Even if men do not consciously make the decision to harass women, it is a defense mechanism that men use to protect their standing in their job especially in male dominated fields (Dubeck & Borman, 1996). Sexual harassment is known as making a workplace intimidating or offensive by any unwanted sexual advances (Petrocelli & Repa, 1994). While there may be an occasional webpage, primary research is from literary reviews of published books on sexual harassment in the workplace and scholarly journals. We will look at the definition of sexual harassment, the different types of sexual harassment, the most common places or situations where sexual harassment takes place and ways sexual harassment can be prevented or stopped.
What is Sexual Harassment?
Sexual harassment is any uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate (Merriam-Webster, 2013).
Types of Sexual Harassment

There are two forms of sexual harassment. When the employee is offered a promotion of feels their job will be in jeopardy if the sexual requests made are not acted on, then it is called quid pro quo (Gerdes, 1999). The second form, hostile work environment, is when the victim is not threatened with a promotion or loss of employment but when the harasser creates a hostile environment full of sexual requests and/or verbal or physical conduct that is inappropriate and unwelcomed (Gerdes, 1999).
Levels of Sexual Harassment The different levels represent different terms that are related to sexual harassment ranging along a continuum. The levels of sexual harassment are outlined as follows (Paludi & Barickman, 1991). * Gender harassment: generalized sexist statements and behavior that convey insulting, degrading, and/or sexist attitudes * Seductive behavior: unwanted, inappropriate, and offensive physical or verbal sexual advances * Sexual Bribery: solicitation of sexual activity or other sex linked behavior by promise of reward * Sexual Coercion: coercion of sexual activity or other secular behavior by threat of punishment * Sexual Assault: assault and/or rape

Cultural Norms and Other Causes of Sexual Harassment
Ruth Benedict stated in Patterns of Culture (1959) that, “Morality differs in every society, and is a convenient term for socially approved habits.” Because of cultural norms, there are many groups that view women as objects. One group that does not respect women, according to U.S. standards, is the Eskimos of the early and mid 20th century. They would share their wives with other men, especially visitors, for companionship to show camaraderie (Rachels & Rachels, 2011). The difficulty courts and individuals have sometimes is defining what sexual harassment is. Even though there are many definitions there are some blurred lines. The action must be looked at from several angles such as the position of the harasser, the behavior exhibited and cultural norms (Dubeck & Borman, 1996). Cultural norms are looked at by Rachels & Rachels though cultural relativism. Cultural relativism teaches us that there is no universal truth or code (2011). All that exists are what our ancestors have taught us. If our ancestors thought us eat the bodies of our dead or to practice genital mutilation then it would not seem out of place for us (Rachels & Rachels, 2011). It is the same for cultures that believe it is acceptable to treat women in demeaning, harassing forms of behavior.
More often than not, sexual harassment has nothing to do with sex and everything to do with power (Petrocelli & Repa, 1994). Violence is a way for the abuser to make the victim feel small or below the harasser. Men often feel they are supposed to be the “providers” and any woman who challenges their power or authority need to be “put in their place” (1994).
Another cause of sexual harassment is human nature. It is common for a woman to tell a man no to see if the man is really interested in her. After more attempts from the man the woman may, and often does, change her answer to yes. This type of behavior confuses men and women alike, leaving the door open to different interpretations of where the possible relationship may lead (Gerdes, 1999).
What Sexual Harassment Looks Like Sexual harassment has many different faces, some that can make it difficult to realize it may be harassment. The following shows us the typical behavior and traits associated with sexual harassment and the effect it may have on the women being harassed.
Sexual Harassment Behavior Sexist remarks, unwanted sexual advances, sexual coercion and bribery, and fondling or physical touching of any kind can be labeled as sexual harassment (Paludi & Barickman, 1991).
Traits of Men who harass
Cultural dictates the behavior of a society (Rachels & Rachels, 2011). A male that commonly sexually harasses women is one that is known as a man’s man and was probably raised to behave that way in his community. He is domineering and does not show much regard for sensitivity of others feelings. He will be the first to say that women who claim sexual harassment deserved it. That the relationship was consensual until afterwards and that she changed her mind (Gerdes, 1999). Research shows that most harassers are married, older, and generally are not a supervisor of the harassee (Dubeck & Borman, 1996).
Effects of Sexual Harassment There are consequences of sexual harassment in the workplace and to the victim mentally and physically. The woman being harassed my risk losing her job or not getting a promotion if she rejects sexual requests and advances (Petrocelli & Repa, 1994). She may be intimidated or put into a hostile work environment where she feels her only option is to resign (Petrocelli & Repa, 1994). The victim may suffer mental and/or physical effects from the abuse such as depression or Sexual Harassment Trauma Syndrome closely related to Rape Trauma Syndrome (Paludi & Barickman, 1991). The woman may also be subjected to retaliation by her co-workers or boss if she reports the harassment (Petrocelli & Repa, 1994). There are effects to the workplace as well. Lowered productivity, money spent on high turnover rates and sick pay attributes to financial costs to companies as well as monies spent on man hours for investigations into sexual harassment claims and possibly payment to the victim (Dubeck & Borman, 1996).
Victims Response to Sexual Harassment Most commonly the victim will try to ignore the harassment. If the abuse is coming from an immediate supervisor, the victim may feel pressure that if she does not comply there will be ramifications to her job; more so than if the harassment is upper level management or one of her co-workers. When this is the case the woman generally will report the abuse (Dubeck & Borman, 1996). It has been discovered by Crull (1982) that of the victims surveyed 90 percent had psychological issues, 75 percent suffered decreased work productivity and 63 percent have physical problems due to sexual harassment.
Sexual Harassment Laws
Before a claim of sexual harassment can be made, there are several steps that have to be followed. First an EEO agent must take a complaint then meets with the complainant to inform on the action that can take place. If there is substantiated evidence then a charge is filed and there is a conference with all parties involved. If there is no resolution the EEOC will either file with the Supreme Court or will issue a “Right to Sue Letter” giving the complainant the right to file charges on their own behalf (Dubeck & Borman, 1996). Courts ruled that employers can be found liable if proven the employer was aware of the harassment and did nothing to correct it (Maschke, 1989). In the case of Tompkins v. Public Service, the Third Circuit Court found that if “the employer does not take prompt and appropriate remedial action after acquiring such knowledge (of sexual harassment)” the company can be held responsible for the harassers actions (Sullivan & Nowlin, 1986). The EEOC states that harassment is illegal when it is so often and serious that it creates a hostile work environment ("Sexual harassment,”). For victims to have a chance of winning a case against sexual harassment in the court room, the harassment had to be severe, there had to be reported incidents to management with them taking no action, and there must have been witnesses and documentation showing the abuse (Dubeck & Borman, 1996).
Recommendation
While there are policies in place for most organizations against sexual harassment, there still needs to be more done. Victims that are experiencing sexual harassment have many options. One would be to confront the harasser. Tell them that the behavior needs to stop or it will be reported to the supervisor. The victim should keep the conversation to a minimum and avoid any contact or questionable body language such as smiling. The harassee could also write a letter to the harasser so there could be documented proof of the request to stop and the victim would not have to confront the harasser verbally (Petrocelli & Repa, 1994). If the harassment does not stop, the victim needs to make sure the harassment is documented including how the victim felt at the time of the incident and either confront the harasser as soon as possible or file a prompt complaint (Petrocelli & Repa, 1994). Other things the victim can do are to talk with friends, let others know what is going on. They should get a copy of their employee file incase the charge ends up in court (Petrocelli & Repa, 1994). Sanctions on the harassee and organizations need to be tightened. If a complaint is filed, then the organization should have a department specifically dedicated to these matters (if the company is large enough to accommodate this) or hire an outside agent to look into the matter. If there is a substantiated complaint the harasser should face charges depending on the severity. If the charge is a minor occurrence, then the harasser should get a fine and possible community service. If it was a larger infraction then the harasser should face possible jail time. Companies should have tighter restrictions. All management should be trained to spot sexual harassment or possible situations and counsel the parties. It should then be taken to upper management or the company’s legal advice to see what actions need to take place (Dubeck & Borman, 1996). Companies should have clear guidelines as to what behavior is not tolerable and what the consequences will be.

Bibliography
Benedict, R. (1959). Patterns of culture. Boston: Houghton Mifflin.
Dubeck, P., & Borman, K. M. (1996). Women and work: a handbook. New York: Garland Pub.

EEOC. (n.d.). Retrieved from website: http://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm

Gerdes, L. I. (1999). Sexual harassment. San Diego: Greenhaven Press.

Maschke, K. J. (1989). Litigation, courts, and women workers. New York: Praeger.

Merriam-Webster. In sexual harassment. Retrieved from http://www.merriam-webster.com/dictionary/sexual harassment

Paludi, M. Antoinette, & Barickman, R. (1991). Academic and workplace sexual harassment: a resource manual. Albany, N.Y.: State University of New York Press.

Petrocelli, W., & Repa, B. Kate. (1994). Sexual harassment on the job. 2nd national ed. Berkeley: Nolo Press.
Rachels, J., & Rachels, S. (2011). Elements of moral philosophy. (7 ed.). New York, NY: McGraw-Hill.
Sexual harassment. (n.d.). Retrieved from http://www.eeoc.gov/laws/types/sexual_harassment.cfm

Stein, L. W. (1999). Sexual harassment in America: a documentary history. Westport, Conn.: Greenwood Press.