Sexual Harassment in the Work Place - Research Paper Example

Law   8 April Sexual Harassment in the Work Place Introduction Sexual harassment is regarded as a form of gender discrimination that violates the law in most nations. The majority of most sexual harassment cases reported in the work place are women complaints, but of recent, there has been a tremendous increase of the male gender filing complaints in the labor industry. It is an unwelcomed behavior seeking sexual favors, occurring either physically, verbally, or visually in a severe or pervasive sexual nature, and influences an individual’s employment, employment decisions, and working conditions (“What is sexual,” un.org). Often, people take the issue too literal, and they forget that it is connected to the health and safety standards in the work place. Not only can poor operating standards expose employees to such hazards, but the sexual harassment creates discomfort in association with bullying employers, supervisors, and co workers, which may end up lowering the self esteem, sense of security, and the general job performance of an employee due to emotional stress. Due to these associated effects and need to uphold morality in workplace, the governments (federal and states), labor industries, and business units have made efforts to prevent work place sexual harassment through the established laws, legislatures, and code of ethics. The laws enforce responsibility on the part of the employers, and addresses retaliation in cases of sexual harassment complaints. 2. Sexual Harassment in the Workplace is Illegal For a long time, the law in consideration to human rights condemns workplace sexual harassment, whether is directed to different or same gender. Many countries have enacted codes in their constitutions to prevent such discriminations and abuse of power in workplaces. In the US, under the federal law, sexual harassment is perceived as sex discrimination, in which the Title VII of the civil rights Acts of 1964 prohibits discrimination in employment based on race, sex, and religion among others (Northwest Women law Center 8). This has further been emphasized by the state laws, which also prohibit the unwelcomed behavior, due to its human rights violation. Workplace sexual harassment is a complex issue caused by different factors arising from the socialization, power, and politics among others, making the harassment sometimes to be inevitable in many occupations. Sexual harassment used to be a key concern in government and state related jobs, but due to the rising cases and poor measures to control the issue in both public and private employment areas, the governments had to step in to protect the victims and enforce order. Sometimes co-workers, managers, and employers find themselves in compromising and violating situations, because they overlook the harassment and its impact in the workplace. There are many things, unwanted pressure, looks, feel, touches, verbal, non-verbal, and physical communications and actions that would create sexual harassment, either intentionally or unintentionally that would provide the legal definition of a harassing conduct. Title VII is enforced by the (EEOC) Equal Opportunity Employment Commission that has built up large body of regulations and guidelines, which avails the legal meaning of harassing behavior and lays out the standard to be followed by courts, and enforcement agencies in handling sexual harassment charges (ICRC factsheet 1). As part of a social context in working environments, employees get to socialize better, which could have either a positive or negative effect in the long run. As a benefit, it improves team work and support in job performance; sometimes the relationships go beyond the work domains and employees could get married and have families of their own, since there are few or no such laws that restrict them. Similarly, the law works to ensure integrity and morality in workplace, such that if the employee is not willing to engage in a sexual relationship with his or her co workers, employers, supervisors, or management, the decision should be respected and protected as a legal right. According to ERA, the Title VII law applies to employers in the private and most public domains, employment agencies, joint employer-union apprenticeship programs, and labor organizations that have employed 15 or more workers (“Know Your Rights Sexual Harassment at Work”). These institutions carry a lot of weight in the employment process right from jobs search, operations, and making decisions in employment environments, to solving of disputes involving the employees. They do not necessarily have to cause physical harassment, but just acts or use of offensive language against an individual based on his or her sex in the workplace, is enough to violate the law. Title VII limits the institutions and employers power from exploiting the people, since they are at a superior level than other workers, where they may take advantage of their power to threaten individual employees in the working environment. The employers and institutions have to therefore act professionally, while dealing with different genders in all their activities, whether in promotions, hiring, compensating, terminating from employment, licensing, solving disputes, membership into unions, or because employees oppose discriminatory practices. 3. Employees’ Rights and Responsibilities in Reporting Allegations of Sexual Harassment There are numerous cases of sexual harassment that go unreported because employees either fear for their jobs, ignore, or fail to understand their legal rights in case of such violations. Every country has a strategy to follow in settling those complaints as enforced by the law. In the working environment level, the employee who believes he has been offended has the right to inform the offending person, either orally, or in writing that the conduct subjected on him is regarded as offensive and unwelcomed, and has to stop (U.S Department of State, state.gov). This first action provides knowledge if unaware to the accused harasser, prompting him to make remedies to the action, effectively by stopping the abuse. Women in supervisory position experience sexual harassment from both superior and other subordinate employees, especially low ranks men, who do that to humiliate the women, and lessen their bestowed power so that they appear equal. Such women should inform the harassers in a professional and civilized manner to rectify their conduct, before moving to higher authorities when the plan appears to be ineffective. If the victim had noted down information over the harassment, or has key witness to the unwelcomed behavior, then the better because it would serve as prove to the next level. The victim can then move on to inform the higher authority in the workplace, often the employer or management, who have the decision making power. Most companies have established anti-discriminatory procedure either as the law or the code of ethics, which guides employees operation and conduct in the workplace, and helps the management to solve disputes, forcing them to be obliged to protect their employees against sexual harassment. The victim has to go through this stage, since the law requires that the harassed individual inform the employer before filing complaints in the state or federal level, putting the complaints in writing (to list the alleged sexual harassment and by who) and ensuring there is a witness as evidence that the employer did receive the complaints during a particular time (Northwest Women law Center 5). The opportunity gives the employer a challenge to solve the dispute after intensive investigations. Through the companies or employers’ legal framework and the victim’s cooperation, they have to ensure the sexual harassment is stopped once proof is available. According to Costello and Mains, all employees, the accused, witnesses, and the complainant should cooperate and keep the lines of communication open to determine the truth, as the organizations authority handling the complain takes discrete actions, whether there is sufficient evidence of the sexual harassment or not (costellomains.com). It could take such forms as separating the involved parties or training general employees to prevent sexual harassment when sufficient evidence is lacking, and taking remedial actions for the accused if proof on the assault exists. In case of failure to do this, the employer can also be sued for ignorance of employees’ sexual harassment complaint, as the victims file the complaints in the state or federal governments holding the employer liable. In some cases of the harassment that do involve the employers or companies’ CEOs, filing a complaint in the work place level could be challenging and risky, though the victims are not supposed to ignore and tolerate the situation because of the associated power. This is where the human resource department is crucial, especially if operated in justice and transparency without influence of the higher authority. Most people who have reported cases involving them have been able to resolve the situation without getting fired from the job, because it is their legal right. If the department does not exist and the informed supervisor between the boss the and victim is reluctant to take action, then seeking an attorney to help address the issue would be efficient, since he would contact the company, and ensure the incident is addressed, otherwise the complaints can be heard in the states or federal courts (Friedman Avvo.com). Reporting the discrimination to Human rights commissions often available in different US states, or EEOC could assist if the complaints are later sued under the federal civil rights law. The victims can also move ahead to file private lawsuits or tort suit for personal injury damages, against the harasser(s) when the internal channels fail to end the harassment (“Federal Laws,” lawfirms.com). The victims of sexual harassment can opt to pursue resolution via negotiated grievances procedure and mediation among others. 4. Holding Employer Liable and Addressing Retaliation The law emphasizes the need for employment organizations and employers to take reasonable measures to respond to allegations of harassment with immediate effect, and create a safe working environment, even if it calls for taking remedial actions against the sexual harassers. According to the North West Women’s Law center, the employer may not be held liable in 4 occasions; if he was not informed of the sexual harassment to protect the individuals, if victims of the assault failed to take advantage of preventive and corrective mechanism available in the business or organization to protect them, where the employer has established workplace policies and procedures to prevent discrimination, and took reasonable timely measure and sufficient corrective steps to prevent further harassment when the complaint was forwarded (4). The employers can hence be held liable if they ignore complaints and fail to conduct investigations so that an action is taken, failure to develop the policies, rules and procedures prohibiting sexual harassment, and not encouraging victims to report the behavior when harassed. The formulated rules and codes of ethics must be enforced and adhered to, to ensure a safe and healthy working environment. Besides employers responsibility to conduct training to all the employees on sexual harassment, effects and actions taken by the employer against sexual harassment, disseminating such information and ensuring employees are aware of the disciplinary actions enforces integrity and morality, and raises the bar of conducting themselves more professionally. The policies developed also state actions to be taken against retaliation on employees, who might have made allegations earlier. Retaliation in itself is against the federal and states law. According to Farrell Fair Labor Standards Act and statutes in states and federal law like Title VII of Civil Rights Act prohibit retaliation by the employer, when an employee happens to complain of or file suit over workplace discrimination, or support in investigation as witnesses (blr.com). With solid evidence on negligence on the part of employer to protect the victims against sexual harassment by personnel in the work place, the complainant can hold the employers liable to the behavior. The law could require the employer to compensate the harassed employees as a corrective measure to restore them in an intended position had the harassment not occurred. 5. Business Workplace Rules Business sexual harassment training programs and establishment of complaints committees, possibly outside the line of management, with gender equality and expertise in leading and counseling people is required by law in the business level, Businesses consist many rules and regulations that govern the employees and management. However, some of those rules are optional and may not be strictly enforced; instead the federal, state, labor, and international laws require establishment of some policies such as in sexual harassment, which should enforce and comply with the requirements of the law. Businesses regardless of the size have to option but to deploy such policies, because they are part of the necessary policies regulated by the law. Other general policies that are used and reflect the individuality of organizations against discrimination are overtime policies, safety rules, dressing code, handling confidential information, and actions taken incase of any break of the rules. The rules are enforced to protect the employees against workplace irregularities, and the employers from liability such as financial and legal obligation, while managing and disciplining the employees. At the same time, businesses can avoid rules that cause disparate impacts, since they may cause the employer problems of liability under the civil rights law. The international laws also protect the employees from sexual harassment and any discrimination in the labor industry. The International Labor Organization (ILO) prohibit discrimination based on gender in Convection No. 111 of 1998 that made condemnation of the unwelcomed behavior in the 1985 resolution of the International labor conference, and calls for protection of the indigenous worker from the sexual harassment under Convection No. 169 Article (20) (3) (d) in the workplace (Kompipote 2-3). Employing businesses and organizations have their part to play to enforce both internal and external laws and regulations, to ensure a safe working environment for all the employees and their dealings with the customers. Conclusion Workplace sexual harassment affects individuals psychologically, and their behavior in their social lives and in the workplace. It is a problem that puts indirect pressure on the people to terminate their jobs, due to the hostile working environment and when control measures are lacking. In some cases, it causes trauma to individuals making them unable to perform their roles, due to emotional and physical stress. It also demoralizes the workers involved and may cost them their self esteem. The international, federal, state, and business rules and regulations put measures to define, prohibit, and control sexual harassment among other discriminations, which must be enforced through set procedures and institutions in filing complaints and seeking protection. The employer and their employees also have responsibilities in administering and complying with the laws in solving sexual harassment disputes. Works Cited Costello and Mains. “Sexual Harassment.” 2013. Web. 8 April, 2013. ERA. “Know Your Rights Sexual Harassment at Work.” equalrights.org. 2013. Web. 8 April, 2013. Farrell, J. S. “Retaliation leads to the Way in Workplace Discrimination.” blr.com. 31 January, 2012. Web. 8 April, 2013. “Federal Laws on Sexual Harassment.” lawfirms.com. 2013. Web. 8 April, 2013. Friedman, K. N. “How to deal with sexual harassment at work.” avvo.com. 2013. Web. 8 April, 2013. ICRC Factsheet. “Harassment in the Workplace: It’s Against the Law.” state.ia.us. n.d. Web. 8 April, 2013. Kompipote, U. “Sexual Harassment in the Workplace.” laborrights.org. June, 2002. Web. 8 April, 2013. Northwest Women law Center. “Sexual Harassment in the Workplace.” washingtonlawhelp.org. 2006. Web. 8 April, 2013. “Sexual Harassment Policy.” state.gov. n.d. Web. 8 April, 2013. “What is Sexual Harassment?” un.org. n.d. Web. 8 April, 2013. Read More