Sexual Harrassement
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Sexual harassment is a nationwide issue that has been long ignored and handled incorrectly throughout the years within workplaces, the military, schools, and even the cyber atmosphere, showing the harsh realities that this platonic issue around the world is still a major problem that needs to be addressed. Without having more companies to reinforce this problem in our society and other societies around the world, sexual harassment will not be taken seriously and the percentage of this issue will not decrease. By understanding and taking preemptive measures against sexual harassment our society will start improving the equality amongst men and women.
Define sexual harassment as the term is used legally.
When looking at the legal term of sexual harassment it essentially means that it is unlawful to harass a person because of their sex. In the term it also includes that sexual harassment applies to unwelcomed sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature (U.S. Equal Employment). Although harassment doesnt necessarily have to be a form of sexual nature, in some instances it could just be obscene gestures that are frequent and persistent. Sexual harassment is not just against females, but it also happens to males as well.
Explain how sexual harassment differs from gender discrimination.
Although some people may be confused and think that sexual harassment and gender discrimination are along the same lines, these two terms are very different. While looking at sexual harassment it is true that one may harass a person because of their sex, but it also includes and is not limited to sexual favors, sexual advances, and physical or verbal abuse. Unlike sexual harassment, gender discrimination is solely based in treating someone unfavorably because of that persons sex (U.S. Equal Employment). An example of gender discrimination is not hiring a person because they are gay, lesbian, or bisexual, while sexual harassment could be pursued by someone that wants an inappropriate relationship.
Provide the legal definition of “quid pro quo” sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment.
Similarly, when looking at the term quid pro quo it is another form of sexual harassment which happens when job benefits such as employment, promotions, salary increase, performance expectations, and other conditions of employment are based off of sexual favors towards an employer, supervisor, or agent that has the authority to make important decisions about employment actions (Stop Violence Against Women). If the victim rejects the offer of sexual advances it could be detrimental towards that person receiving a job, loss of benefits, or moving up in the company. An example of quid pro quo sexual harassment is basing an employees yearly evaluation on the basis of whether or not that employee was willing or not willing to provide sexual favors.
Provide the legal definition of hostile environment sexual harassment. Provide one example of a behavior which could be found to be hostile environment sexual harassment.
Furthermore, when looking at a hostile environment, sexual harassment is defined as unruly comments or conduct based off of sex or race which interferes with an employees work performance, creating an intimidating work atmosphere, or hostile work environment. An example of a hostile environment would be an employee harassing another worker with dirty jokes or obscene remarks consistently throughout a period of time.
List the factors which contribute to a determination of whether behavior is sexual harassment.
According to Moran (2011) the six factors that must exist for sexual harassment to be satisfied are as follows: “The victimized employee alleging sexual harassment must be a member of a protected class-that is, a man or a woman. The complaint must be gender related-for example; a female must assert that there would have been no harassment if she were not a woman. The employee must not have consented to the sexual advances or participated in the hostile work environment. The harassment must be based on sex. The conduct complained of must have had a deleterious effect. The harassment must have occurred during the scope of employment.”
Define the standard by which “unreasonable” behavior is determined.
In addition to sexual harassment, it also involves unreasonable behavior, which in the book, “Employment Law,” written by John Moran (2011), “The standard by which sexual harassment will be judged is a reasonable person standard. A reasonable person must believe that the conduct complained of must have substantially interfered with the victims ability to work or have created an environment that was intimidating and offensive.”
Explain what situations are considered “severe or pervasive” and why these terms are important.
When looking at severe and pervasive, according to Moran (2011) “The alleged act of sexual harassment must be severe enough to create an abusive work environment and to disrupt the victims employment.” For example, if one employee every day for several weeks kept touching another employee in a sexual or unwanted way, this would cause that employee to feel uncomfortable coming to work every day. The employer refused to remedy the situation because they do not want to get in the middle and finally the employee being harassed quits because nothing was done. That victim, because the employer did nothing, can claim constructive discharge.
Give the main legal reason why every company should have a valid written policy against sexual harassment