The Problem of Sexual Harassment in the Workplace - Essay Example

? Sexual Harassment in the Workforce Sexual Harassment in the Workforce Introduction There are various work-related problems, issues and concerns that both employer and employees face in contemporary organizational setting. Some problems could be considered trivial and are immediately resolved in a short time frame. Others are more intricate and complex requiring third party mediation or resolution through the proper legal process. One of the complicated and continually existing dilemmas is sexual harassment in the work setting. In one’s research that aims to delve into attaining an in-depth understanding of this issue, it was contended that an appropriate definition of sexual harassment be provided from Title VII of the Civil Rights Acts of 1964, to wit: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (29 C.F.R., Sec. 1604.11(a), 1991; cited in Lunenberg, 2010, p. 2). As noted, for sexual harassment to be evident, the perpetuator or the victim of the sexual advances could be male or female; where the victim apparently does not necessarily need to be classified of the opposite sex. Likewise, the alleged perpetuator could assume any role or position within the organizational hierarchy, and not necessarily one of higher stature. The harasser could be the supervisor, a colleague, or any employee from the same organization. In addition, there must be a disturbing effect to the employee (who could also not necessarily be the victim) but witnessing such sexual harassment to occur hampers the employee’s performance of his or her responsibilities. Statistics on Sexual Harassment in the United States The U.S. Equal Employment Opportunity Commission (EEOC) is a government institution that is tasked to monitor the number of incidents reported and resolved on sexual harassment in the work setting. According to the latest statistics, for the year 2011, there were 11,364 cases received, of which 16.3% were filed by male victims. The trend was actually declining since 2008 and the number of resolutions exhibited an upward trend, as shown in the Table 1 below: Table 1: Sexual Harassment Charges, 2008 to 2011 2008 2009 2010 2011 Receipts 13,867 12,696 11,717 11,364 % of Charges Filed by Males 15.9% 16.0% 16.4% 16.3% Resolution 11,731 11,948 12,772 12,571 Source: (US Equal Employment Opportunity Commission, n.d.) Kinds or Forms of Sexual Harassment in the Workplace The various types or forms of sexual harassment that could occur in the work setting were categorized into: verbal or written, nonverbal, physical, visual, non-sexual (where it was disclosed that “females or males can be sexually discriminated on purely because of their gender in the workplace. For example, a woman can be sexually discriminated at a job site that is conventionally known as a “man’s” job, if the other employees are constantly pestering her” (Cates, 2012, p. 134); and finally, pervasive or severe to potentially expose the victim to rape (Cates, 2012). Factors Contributory to Sexual Harassment in the Work Setting In a study written by Cates (2012), the author revealed that despite many factors seen as increasing the propensities for sexual harassment in the work setting, the following are noteworthy: “research shows that some people are triggered by provocative clothing or certain behavior by the victim, but there is no specific cause for sexual harassment. It can happen anywhere, to anyone, at any given time. It leaves victims wondering “why me?” with no real answer to that question” (Cates, 2012, p. 133). One also believes that commission of this crime is subject to the personality and behavior of the perpetuator, with evident psychological problems that could be contributory to manifestation of aggressive sexual innuendos or behavior to unsuspecting victims. In the movie Horrible Bosses, Jennifer Aniston played a dentist who was perennially sexually harassing her dental assistant, played by Charlie Day, to the point that the victim actually thought of killing his boss. Although this was just fiction, one could surmise that being in a situation where one could not work effectively due to the sexual harassment a victim is being subjected in the work place could instigate a lot of negative effects. Effects of Sexual Harassment Through the support of various authoritative sources, Lunenberg (2010) has disclosed that there are diverse negative effects of sexual harassment, especially from the point of view of the victim, as enumerated below: Lower job satisfaction, higher stress levels and lower morale; Avoiding the work place (especially the work area of the harasser) through being late or absent, and reflecting on quitting the job; And possible retribution through legal means or through possibly inflicting injuries and harm. From the point of view of the perpetuator or harasser, the negative effects could include “termination, community service, probation, criminal fine, imprisonment” (Cates, 2012, p. 134). In one real life scenario, the case of a victim being awarded a total of $ 168 million to “physician's assistant Ani Chopourian (who) claimed doctors at Mercy General Hospital constantly asked her for sex” (Fuchs: A physician's assistant won perhaps the biggest-ever sexual harassment verdict for a single plaintiff, 2012, par. 1). In this scenario, aside from the compensatory damages, the victim was absolved from the trauma of the incidents and the unethical and illegal behavior was summarily exposed and brought to appropriate justice. Prevention The role of managers and leaders in the organization are crucial in prevention and addressing sexual harassment in the work setting. The standard recommended course of action that management should set in place includes the following: Establishment of a clear and explicit no tolerance policy that aims to deter the occurrence of any form of sexual harassment through the imposition of stringent sanctions in cases of violations; The no tolerance policy must be disseminated to all employees across the organizational hierarchy and must be implemented accordingly; Establishing a system of complaints that would make it convenient for victims to file and immediately address potential furthering of sexual harassment incidents; Setting up a committee or division tasked to investigate complaints and to forward resolution to proper authorities; and Continuously review policies on sexual harassment to determine if there should be updates and improvements to enforce stricter policies subject to federal laws and regulations on the issue. As emphasized by Cates (2012), “managers need to know that it is vital they train their employees about sexual harassment and their legal implications. By doing this, managers are taking moving towards preventing sexual harassment in the workplace from occurring” (p. 137). Likewise, as disclosed by Lunenberg (2010), “managers need to know that it is vital they train their employees about sexual harassment and their legal implications. By doing this, managers are taking moving towards preventing sexual harassment in the workplace from occurring” (p. 5). Conclusion Sexual harassment continues to pervade contemporary work setting despite laws and regulations being set in place to prevent them. Although the statistics reveal that there seemed to be declining trend in the number of sexual harassment in the work setting cases being filed, there are still 11,364 cases in 2011 or about 947 cases filed per month or 31 cases daily in the country. As such, there should still be increased monitoring and vigilance to address these incidents and prevent them from happening by setting the most effective work environment, policies, procedures, and code of discipline, which would preclude this kind of behavior in the workplace. The current essay has therefore assisted in providing greater understanding on the subject of sexual harassment in the work setting through initially providing an effectively applicable definition of the term; by revealing current statistics and trends of receipts of cases and the number of cases resolved; and by determining the various forms and types of sexual harassment. Likewise, the causes and negative effects of sexual harassment were also determined and expounded; prior to identifying the measures that organizations should take to prevent incidences of this kind to happen. As noted from the discourse, this incident could happen to anyone. The most effective way to address this, therefore, is for the victim to immediately report, sexual harassment incidents, of whatever form or type, to preclude the perpetuator from continuing this maladjusted behavior from happening in their respective organizations. It was initially revealed that “almost always, sexual harassment is about power. It is about an individual controlling or threatening another individual” (Lunenberg, 2010, p. 1). This form of power should not be allowed to persist in organizations. Let the perceived minority, disadvantaged, potentially perceived to be weak, speak up and report the matter to the proper authorities using the proper protocols and legal proceedings, if needed, at the soonest possible time. References Title VII of the Civil Rights Act of 1964, 29 C.F.R., Sec.1604.11(a). (1991). Cates, S. (2012). The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? The Journal of Global Business Management, Vol. 8, No. 1, 133-138. Fuchs, E. (2012, September 3). The 8 Largest Sexual Harassment Verdicts In History. Retrieved from Business Insider: http://www.businessinsider.com/the-9-most-damning-workplace-sexual-harassment-lawsuits-filed-in-america-2012-8?op=1 Lunenberg, F. (2010). Sexual Harassment: An Abuse of Power. International Journal of Management, Business, and Administration, Vol. 13, No. 1, 1-7. US Equal Employment Opportunity Commission. (n.d.). Sexual Harassment Charges: EEOC & FEPAs Combined: FY 1997 - FY 2011. Retrieved from http://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm Read More