Business Law: Sexual Harassment - Essay Example

Business Law: Sexual Harassment The Employment Discrimination law protects all workers from sexual harassment or anyother type of discrimination and is dictated on the level of both federal and state. According to U. S. Government Accountability Office, the “Title VI, 42 U.S.C. § 2000d et seq.,” of Civil Rights Acts of 1964, recognizes the unlawful and illegal act of discriminating someone, because of his/her national origin, religion, color, race or sex (14). Any physical or verbal behavior of sexual nature, sexual advances that are not welcomed, or request for sexual favors are the description of sexual harassment. “It shall be unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin...‎” (Boland 187). However, cases of sexual harassment are mostly recorded at work place. Like the government, many firms and even small businesses have put in place measures to prevent their employees from sexual harassment. The legal framework put in place to protect the people, ensure that they do not victimize others. It also ensures that sexual harassment offenders are punished accordingly. Many people especially women tend to encounter this problems in their lives and much remains to be done to ensure that this problem is minimized. However, the government seems to have reached its threshold on preventing this issue and employees together with employers, who are potential victims of sexual harassment, still have much to do to curb this issue. Many people who fall victim of sexual harassment usually find themselves in a position of vulnerability. Majority of the victims tend to be disadvantaged or vulnerable especially in contention for a promotion, wage increment or even potential employment opportunity. Subsequently, perpetrators of sexual harassment usually have a history of the same case. However, they tend to be selective according to their judgment on the position of the potential victim and their character. Perpetrators of this offense usually escape the law, which is much to blame on the little victim’s knowledge of their rights and the actions to take after falling victim of sexual harassment. Silence on the part of the victims tend to encourage the offenders on repeating the act, believing they are safe from being sued as judged by the victim’s vulnerability. Furthermore, many offenders usually know and understand the laws on sexual harassment. They tend to ignore them and advance to take advantage of people with promise of fulfilling their expectation or goal (McLaughlina et al. 627). It is important for all employees at all levels, regardless of the type of job or field they fall in, to learn and understand the law on sexual harassment. Sexual harassment is divided into two forms, namely, quid pro quo and hostile work environment. Quid pro quo is where the victims are put in situations they are required to submit to the act of sexual harassment. When submission to such behavior is made, a condition or term of employment made, either implicitly or clearly, constitutes to quid pro quo. Also, when decision to reject or accept such a conduct, is regarded as a factor to either employ or not, is also quid pro quo. When the actions of a person make the atmosphere of the working place offensive, intimidating or hostile, they fall under hostile sexual harassment kind of environment. Miller argues that, “Generally, this type of sexual harassment can also occur when there is a threat of negative work consequences for refusing to confer sexual favors.” To determine whether the work environment was hostile or not, the courts considers several factors such as was the conduct physical, verbal or even both; how many times was it repeated?; was the conduct patently offensive or hostile?; was the alleged offender a supervisor or a co-worker?; did others involve in committing the offense?; was the harassment aimed at one or more individuals? It is possible for people to commit a sexual harassment by acting in a certain way that they may not know that is offensive. However, such cases are very minimal in reality and may occur once in a wide range of cases. Nevertheless, it makes it necessary for employs across all fields of work and at all levels of employment, to know all kinds of behavior that may be regarded as sexual harassment. The behaviors, however, vary depending on the people involved and the situation the people are in. A list of such conducts include unwelcome sexual advances, sexual comments and insinuations, unwelcome brushing or touching against an individual, sexually suggestive jokes, persistent displays or graphic content or sexually illicit materials, requests for sexual favors and attempted or fulfilled sexual assault. Sexual harassment may take place at work, at events that are related to work, between co-workers and also between workers either superior or at the same level from different work places. Some cases of sexual harassment may end up being offence under criminal law. Threatening communications of sexual nature like messages on phone and social networking sites, phone calls, emails and even letters. Subsequently, attempted or completed sexual assault, indecent exposure or stalking may criminal be classified under criminal law (Boland 204). Cases of sexual harassment generally affect all the people involved, the business and the state at large. The victim of sexual harassment tend to feel humiliated and intimidated by the offender, who might also not be okay since it is inappropriate and may face legal actions. With any of the employees in a business living under non-conducive environment, the general productivity of the business declines. Many similar incidents in the country could become an issue and, therefore, negatively affecting the economy of the country. Measures to curb this problem should be formulated and procedurally implemented. First, businesses should adopt a comprehensible policy on sexual harassment. Many business over rely on the legal frameworks placed by the state to deal with the issue. Workers get suspended by the businesses after the courts confirms their guilty of the sexual harassment charges. Secondly, the businesses should initiate programs to educate all employees on the various forms of sexual harassment and their consequences, and how to deal with them in reference to the law. It is also the responsibility of the employees, as potential victims, to take part in curbing sexual harassments. Furthermore, Boland says that, “An employer should take all steps necessary to prevent sexual harassment from occurring…” (67).Thirdly, the businesses should come up with swift and effective procedures for dealing with sexual harassment cases and broadcast them to all the workers at all level. Fourthly, the firm should integrate the sexual harassment policy and the disciplinary policy to ensure that they do not conflict in any way, and they can be used simultaneously in solving the cases. Lastly, the firm should ensure that any prospect cases and all reported cases are followed up to solution so as to serve as an example to workers. In most cases, it is perceived that female workers are the main victims of sexual harassment and mostly from their male counterparts. In deed Langer says that, “One in four women has experienced workplace sexual harassment, this ABC News/Washington Post poll finds. One in 10 men says they’ve experienced it as well.” Similarly, it is perceived that employees at lower levels are the main victims of sexual harassment by their employers. However, cases of male workers conducting sexual harassment to their male co-workers, are also common. On the other hand, the cases of male workers falling victims of sexual harassment from female workers are rare. Subsequently, some employers at higher level, like managers, fall victims of sexual harassment. Cases of sexual harassment among worker at the same level are often and account for half of the sexual harassment cases. Therefore, it is clear that any worker at any level can fall victim of sexual harassment. However, workers at lower levels may be too vulnerable and weak to defend themselves. If any employee believes they are facing sexual harassment, they should follow the following procedure, especially in cases where the firm disciplinary is not efficient or functional; Firstly, the victim should consult the firms’ policies on sexual harassment and follow them like, putting the complaints in writing. Secondly, if the person committing the harassment is not threatening or is friendly, the victim should confront and ask them to stop. However, if the victim does not feel comfortable addressing the issue in such a manner, they should file a complaint with the EEOC. Thirdly, inform the manager about the issue and the procedure you took to address it. The law has provisions to protect the victim from being unsafe from the employer after filling a complaint against them. Works Cited Boland, Mary L. Sexual Harassment in the Workplace. Boston: SphinxLegal. Langer, Gary. One in Four U.S. Women Reports Workplace Harassment. abc News, 2011. Web. 7 Dec. 2015. McLaughlina, Heather, Christopher Uggena and Amy Blacstoneb. “Sexual Harassment, Workplace Authority, and the Paradox of Power.” American Sociological Review 77.4 (2012): 625-647. Web. 8 Dec. 2015. Miller, Bridget. Sexual Harassment in the Workplace: Quid Pro Quo Versus Hostile Work Environment. HR Daily Advisor, 2014. Web. 7 Dec. 2015. U. S. Government Accountability Office. Equal Opportunity: Observations on the Implementation of Title VI of the Civil Rights Act of 1964 in the Hill-Burton Program for the Cons. New York: BiblioGov, 2013. Print. Read More