Sexual Harassment Paper HRM320: Employment Law Professor Lasonya Berry DeVry University on Campus Donnelda Thompson Define sexual harassment as the term is used legally. Sexual harassment is defined legally as any unwelcome sexual advances, request for sexual favors, bullying, and coercion of sexual nature or physical conduct. Some examples are situations when an employment decision affecting that individual is made because the person submitted or rejected the unwelcome conduct; or the unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or abusive work environment. The law does not prohibit simple teasing, offhand comments, or isolated incidents that are not serious.
In order for us to determine our liability, should Paula sue for discrimination, we need to understand what the courts consider a hostile working environment, and determine if Sam has, in fact, created one. According to the U.S. Supreme Court, the frequency of the discriminatory conduct, the severity of the conduct, which includes whether it was physically threatening or humiliating, and whether or not the actions unreasonably interfere with the employee’s job performance, are all factors that determine if a hostile work environment exists (Cheeseman, 2010). The first factor to consider is that Paula and Sam had a sexual relationship that Paula ended. While there is no law prohibiting such a relationship it can be considered motive for Sam’s behavior. Secondly, it is Paula’s indication that Sam started exhibiting unwanted behaviors after the break up.
The reason being is companies should know that is a very serious matter that exists and should not be tolerated. Sexual harassment is advancements of a sexual nature that keeps a person from being able to do their job to their job or creates an uncomfortable work environment (Sexual Harassment at Work). A common misconception about sexual harassment is it only happens to women. Sexual harassment can be sexual advancements by members of either sex. Sexual harassment violates Title VII of the Civil Act of 1964 which is baseline for this unacceptable behavior and in some states, laws against it may be more strict (Facts about Sexual Harassment).
Violating a person in such a way is horrible, cruel and it can lead to severe physiological problems of the victim. Rape is not beneficial to society and it is not agreed upon by both parties, but instead forced upon on the one not in agreement. Rape is not only with women, but also with children and men. There are those who specifically target women because they know they can overpower them if they need to in order to get their way. Children or minors may lack the judgment needed for valid consent.
The Supreme Court stated that “same-sex discrimination can occur not only in situations involving quid pro quo harassment, but also where a hostile work environment has been created” (Sexual Harassment). The main debate in the case was if same-sex sexual harassment was actionable under Title VII. “Title VII declares it unlawful for an employer ‘to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin’” (Nieves). Oncale v. Sundowner Offshore Services would end up being a landmark case for gay rights in the
Discussion Questions 1. Define sexual harassment, including the two main types. Identify at least two ways that employers can eliminate or minimize sexual harassment. Sexual harassment can be defined as, unlawful employment discrimination or unwelcome behavior. Examples of this sort of behavior may include: actual or attempted rape, sexual assault, unwanted deliberate touching, leaning over, cornering, or pinching, unwanted sexual looks or gestures, unwanted sexual teasing, jokes, remarks, or questions, whistling, cat calls, etc.
They encounter both sexual and racial harassment in the workplace. Racial harassment involves creation of a hostile work environment on the basis of race, It is a form of discrimination involving verbal harassment through actions such as: name calling, verbal abuse, epithets, threats, slurs, derogatory comments, unwelcome remarks, or innuendoes in attributing an individual's behavior to his or her racial or ethnic affiliation. Studies (Jackson, 1994; Janofsky, 1993) show that African American women encounter both sexual and racial harassment and tend to leave a workplace culture they perceived to be negative and oppressive. An examination of the racial harassment and discrimination claims filed with the Equal Employment Opportunity Commission (EEOC) shows that race-based claims have been on the rise since 1990 (Chideya, 1995). People typically respond to workplace discrimination and racial harassment with anger, rage, hostility, resentment, bitterness and aggression.
Discrimination can also be based on simple hatred of a race, gender or a certain group, either because of personal experience or simple stereotyping. Discrimination can be in the form of repeated mistreatment, verbal abuse, threats, humiliation, or intimidating behaviour or conduct. Discrimination is the act of denying individuals or groups the equal treatment that they have a right to. Discrimination can make a working place a living hell. It festers in a culture of silence, intimidation, and fear.
Flinching when another person is near you. A heightened sense of fear and anxiety around a person. Low self esteem Sexual Abuse Sexual abuse can be defined as any behavior perceived to be of a sexual nature which is unwanted and takes place without consent or understanding. This can be inappropriate touching or looking. Conversation with sexual content that is not appropriate for the meeting and is making either party uncomfortable.
The first problem is Sam getting involved with an employee. The relationship can cause favoritism at times and lack of proper managing. The relationship is a set up for some type of discrimination and harassment. Sexual harassment is a major issue in the workplace. Title VII is the basis for discrimination law and judicial decisions….its basic purpose is to prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin (Jennings, 2006).