Sexual Harassment in the Workplace - Report Example

Introduction: The major ethical issue that any organization is facing today is sexual harassment. Sexual harassment in the workplace is one of the main reasons of employee turnover. Sexual harassment is seen in many ways and is the unwelcome sexual advances or physical conduct of sexual nature. This is known to public in rare cases due to fear, unawareness, and employee turnover itself. Many of the workers are unaware of the rules against sexual harassment. Therefore, management should take a well-defined policy to fight against sexual harassment. Management has the duty to ensure safe and comfortable working environment for achieving the company’s target. It is important to enforce the policy adopted against sexual harassment and clear-cut procedures for overcoming this kind of violence. “Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.” (Sinha, n.d). Sexual harassment in workplace is most complicated factor of employment law. Today, all over the world, there are laws and policies to protect female workers from sexual harassment. Globalization has increased employment opportunities for the women workers. Now-a-days woman is playing a significant role in organizational achievements; increasing participation of women in the work environment is today’s trend. At the same time, women are facing various harassments including sexual harassment in workplace. “Sexual harassment continues to impact workplace relationships. It is estimated that ninety percent of all sexual harassment claims are bona fide. Those that make it to court cost an organization an average of $ 200K. No organization is immune to being hit with a sexual harassment lawsuit, and employers have a duty to provide a workplace free of harassment and unwelcome sexual advances.” (Workplace relationships-keep the wind to your back and maintain control. 2003). The organization needs to pay attention on this issue and this is important for creating a supportive and productive work environment for both male and female employees. Usually organizations will have their own policy to fight against employee misbehavior as well as sexual harassment at the workplace. “Employees who were sexually harassed experience lower levels of job satisfaction, organizational commitment, and job performance, according to a new study.” (Sexual harassment at workplace affects job performance, 2008). Human resource management has a major role in implementing policies and rules against sexual harassment. Strict adherence to rules and punishment will reduce such kind of issues. Rules and polices must be clearly informed to all employees against sexual harassment. It is the duty of management and other responsible officials to prevent sexual harassment at workplace. Manager showing favoritism on performance evaluations or in other actions based on personal relationships is proved to be very bad on organization effectiveness. Where sexual harassment occurs because of an act or omission by any third party or outsider, the employer and person-in-charge must take all necessary and reasonable steps to assist the affected person in terms of support and preventive action. Complaint mechanism should ensure quick action in case of such complaints. Sexual harassment: There are two types of sexual harassment at workplace, “quid-pro-quo” and “hostile environment.” Quid-Pro-Quo Harassment: Quid pro quo form of harassment means a person in authority, usually a superior personnel, demands sexual favors from the subordinates. “Under the quid pro quo form of harassment, a person in authority, usually a supervisor, demands sexual favors of a subordinate as a condition of getting or keeping a job benefit.” (Roberts & Mann, n.d). This is when the employer makes sex a prerequisite to getting something at the workplace. “Quid-pro-quo” is a Latin word meant “this for that.” It is a trade. When the trade is based on sex, it is illegal. Hostile work environment: A hostile work environment exists if an employee experiences an intimidating, offensive work setting. Hostile work environment arises when colleagues or supervisors engage in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive. Hostile work environment harassment is more difficult to recognize because the same conduct that could be sexual harassment in some circumstances would not be same in other cases. The conduct must be substantial and based on gender. Hostile work environment harassment is not just limited to sexual acts. An employee who constantly picks on his female coworkers but not his male co-workers could be engaging in illegal sexual harassment. Many sexual harassment victims are never threatened with termination or lack of advancement. Rather, they suffer repeated abuse by a hostile work environment, which is an alternative ground for bringing sexual harassment action. Sexual harassment consists of any physical or verbal behavior and any form of communication that has unnecessary, improper or unwelcome sexual connotations. “Sexual Harassment is any unwelcome sexual advance, request for sexual favor or other verbal, non-verbal or physical conduct of a sexual nature which unreasonably interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment.” (Joshi & Nachison, 1996, p.3). The “victim” may be a man or a woman. The “victim” does not have to be of the opposite sex, nor does the “victim” have to be the person harassed, but someone nearby who was negatively affected by the behavior/ situation. The “harasser” may be the employee’s supervisor, other member of management, a co-worker, an agent of the employer, a vendor, or any other non-employee. Sexual Harassment may occur even though there is no economic injury (impact on wages/salary) to or discharge (forced resignation) of the “victim” The “harassers” must be informed by the “victim” that the conduct is unwelcome and the harasser should therefore “cease and desist”. The victim should inform the harasser that if the conduct does not stop, further steps will be taken, that is, reporting to management. Steps towards Sexual Harassment: Sexual harassment preventing measures should be taken seriously. A written policy against sexual harassment should be framed and it should provide a clear definition of sexual harassment using examples of inappropriate behavior through document presentation. It is important to appoint a senior officer to oversee the implementation of policy and outline or establishing the procedures to handle the workplace sexual harassment. Training supervisors and managers is essential to recognize and prevent sexual harassment. “The setting up of a complaints committee and an anti-sexual harassment policy lays a strong foundation for a sexual harassment free workplace. However, effective training programs are essential to sensitize/train all their staff members, men and women, to recognize sexual harassment, deal with it when it occurs and prevent it.” (Raymond, 2009). Enforcing of policy should encourage employees to report any incidents of sexual harassment. Maintenance of accurate record is essential for investigation, discovery of facts, evidence, statements of witnesses and findings. This will be helpful for investigating all allegations of sexual harassment, while safeguarding the rights of the accused. When sexual harassment is found, it is important to take immediate, appropriate action against any employee or non-employee found to have engaged in sexual harassment. It is important to notify the prohibition of sexual harassment at workplace as defined, and should be expressed, published and circulated in appropriate ways. The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and should provide appropriate penalties in such rules against the offender. Appropriate working conditions should be provided in respect of work, leisure, health and hygiene and to ensure that there is no hostile environment towards women at workplaces and no woman employee should have bad effect in connection with her employment. “The best way to prevent sexual harassment is to adopt a comprehensive sexual harassment policy and form a committee against sexual harassment (CASH). The aim of the policy and the committee is to ensure that sexual harassment does not occur and, where it does occur, to ensure that adequate procedures are readily available to deal with the problem and prevent its recurrence.” (Gender mainstreaming: How can sexual harassment at the workplace be addressed by the employer, 2007). Strict adherence to the Sexual Harassment Policy will be worth in handling these issues. Effective anti-harassment policy should be implemented to overcome from these issues. Policies and procedures should be adopted after consultation or negotiation with employee representatives. Of course, laws alone cannot deal with this problem that constantly plays hide and seek. It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required. Sexual harassment can happen any where, even in educational institutions. “It is the policy of the University of Phoenix that the educational environment at each of its campuses be free of all forms of improper or unlawful harassment including sexual harassment or sexually offensive conduct.” (Harassment policy, 2007, p.24). Effective visuals, appropriately introduced: “Every person deserves to work in a safe and secure environment. Instances of sexual harassment not only affect the performance of an individual but also have long lasting effects on his/her mental and emotional framework thereby leaving a lifelong scar.” (What should you do if you are being sexually harassed: Conclusion, 2009). This situation is showing a tolerance which is not at all required and is foolish to be tolerant. Keeping silence will lead to further abuse in the future. “If an employee is subjected to sexually-offensive behavior, it is better if he/she tells the person in question that such offensive behavior is unwelcome and must stop. The person might get the hint and stop. But if the behavior continues, it is better to notify a senior authority or the human resources (personnel) department. If it still persists, the employee can file a claim with the Equal Employment Opportunity Commission (EEOC) and seek possible damages.” (Sexual harassment in the workplace: Types of sexual harassment, 2007). Victims are usually ashamed or embarrassed about their experiences and they feel that they will not get justice. If woman does report sexual harassment, it is difficult to prove the sexual harassment due to lack of evidence because it occurs when the two parties are alone or other employees are afraid to tell the truth. Also, employers sometimes will not take the problem of sexual harassment seriously. “These are examples of sexual harassment, not intended to be all inclusive. Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments and repartee Touching and any other bodily contact such as scratching or patting a coworkers back, grabbing an employee around the waist, or interfering with an employees ability to move. Repeated requests for dates that are turned down or unwanted flirting Transmitting or posting emails or pictures of a sexual or other harassment-related nature. Displaying sexually suggestive objects, pictures, or posters Playing sexually suggestive music.” (Heathfield, 2009). A complaint or information of sexual harassment will be immediately investigated and appropriate action will be taken against the offending parties. Such action will depend on the nature and seriousness of the offense and must include strict disciplinary action including termination from the service. This would also include complaints relating to instances outside the workplace. In this case, the same rules and policies of the organization must be applied to the parties involved. This applies equally to all superiors and employees whether misconduct inside or outside the organization. Conclusion: Any organization is required to prohibit any form of sexual harassment at the workplace. Any incident of sexual harassment should be viewed as extremely serious and strict action should be taken against it. All employers or persons in charge of organization, whether in public or private sector, should take appropriate measures to prevent sexual harassment. It is essential to provide a clear statement to the person who is guilty of harassment. After investigation, immediate and appropriate disciplinary action should be taken against the guilty. Penalties should be clearly explained and should be understood by all in the organization. Sometimes manager himself will make insulting or offensive remarks. If manager’s comments or jokes offend someone else, it can be seen as harassing and action can be taken. Employees should be allowed to communicate their issues regarding sexual harassment at a workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. Sexual harassment is a form of violence and can be seen in all kinds of organization in different forms in one country to another country. Violence includes both physical violence and non-physical violence such as emotional or psychological harm. Sexual harassment at the workplace indicates the inequality and ineffectiveness of discipline in the organization. Organizations normally do not take effective measures for prevention of sexual harassment until major problems occur. Training and educating employees against this ethical issue is important for the smooth functioning of the organization. Sexual harassment at the workplace is proved to be a factor which causes dissatisfaction, low productivity, and low morale and thus affects overall performance of the company. Effective measures must be taken against this ethical issue for creating a good working environment in the organization. References Gender mainstreaming: How can sexual harassment at the workplace be addressed by the employer. (2007). Pria. Retrieved January 19, 2009, from http://www.pria.org/gender/showfaq.php Heathfield, Susan. M. (2009). Sexual harassment: Examples of sexual harassment. About.com. Retrieved January 19, 2009, from http://humanresources.about.com/od/glossarys/a/sexualharassdef.htm Harassment policy. (2007). University of Phoenix. P.24. Retrieved January 19, 2009, from http://www.phoenix.edu/doc/about_us/Abridged_2007_master_catalog.pdf Joshi, Joan. H., & Nachison, Jodie. (1996). Sexual harassment in work place: What is sexual harassment. Cgiar Gender Program. 3. Retrieved January 19, 2009, from http://www.worldbank.org/html/cgiar/publications/gender/gender13.pdf Raymond, Neeta. (2009). Sexual harassment at work: Sexual harassment awareness training. India Together. Retrieved January 19, 2009, from http://www.indiatogether.org/combatlaw/vol2/issue3/harass.htm Roberts, Barry., & Mann, Richard. (n.d.). Sexual harassment in the workplace: A primer. Retrieved January 19, 2009, from http://www3.uakron.edu/lawrev/robert1.html Sinha, Arkodeb. (n.d.). Sexual harassment at work place an overview: Awareness. Legal Service India.com. Retrieved January 19, 2009, from http://www.legalserviceindia.com/articles/sexual_har.htm Sexual harassment in the workplace: Types of sexual harassment. (2007). Employee Right Kit. Retrieved January 19, 2009, from http://www.mypersonnelfile.com/ha_sexual.php Sexual harassment at workplace affects job performance. (2008). Santa Banta.com. Retrieved January 19, 2009, from http://forum.santabanta.com/showthread.htm?t=96709 What should you do if you are being sexually harassed: Conclusion. (2009). Virtual Pune.com. Retrieved January 19, 2009, from http://jobs.virtualpune.com/aspx/prevent_harassment.aspx Workplace relationships-keep the wind to your back and maintain control. (2003).Women’s Digest. Retrieved January 19, 2009, from http://www.womensdigest.net/departments/career/car0203a.html Read More