Harassment 1
Running Head: Harassment
Harassment in the Work Place
Jaime Guy Fernandez
Communications 131
Excelsior University
TABLE OF CONTENT
Abstract
3
Executive Summary
4
Introduction
5
What is harassment in the workplace
5
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Types of harassment
6
Ramifications of Harassment
7
Surveys
9
Conclusion and Solution
10
References
11
ABSTRACT
Harassment is issue of concern because it will damage good working relationships, defile a
company’s reputation, and in the long run will cause a company to lose money. In the evolution
of a good work environment in the United States, laws and regulations have been passed in order
to keep an organization a safe and peaceable environment. Harassment in the workplace is an
unwanted form of belligerence from employee/employer that crafts a form of anxiety towards the
injured party. In order to have a healthy workplace, one must know what harassment is, the
different types, ramifications, and solutions to this problem. Harassment in the workplace is
unlawful and unethical. It creates a hostile working environment full of stress, anxiety, cognitive
and possibly physical damage. In looking at the policy for harassment in the workplace by the
standards of the Socorro Independent School District, it clearly shows that harassment is not
tolerated, and legal action will be taken. Although the policy is stated for all to see, there is still
cause for concern; the district has lawsuits against them showing that not all employees are
taking this matter seriously. Looking at the root of the problem, which a major part could be
discrimination one will find a solution to dissipate the predicament.
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EXECUTIVE SUMMARY
The intent of this report is to examine the different types of harassment that occur in the
workplace. Harassment, which is a form of bullying, will be elucidated in this study, and its
ramification will be explored.
The objective of this analytical report is not only to concentrate on notion of harassment, but will
bring out that the problem exists in the Socorro Independent School District. The information
that I’m dispensing is out of actual court trials that have existed within the past ten years. Within
recent years, it appears that harassment cases have increased in the form of discrimination, and
of a sexual nature. The Socorro Independent School District has a clear understanding of what
harassment is, and it is posted for all employees and visitors to see, yet the problem still exist.
Although, due to imperfection on part of our human nature this problem will from time to time
reoccur; however, due to other research and application, this harassment problem can be
minimized. The facts will show that there is an awareness of the situation, and the Socorro
Independent School District as a whole will prosper with this knowledge.
In adjunction to this research, an eight, detailed, question - survey was conducted to assist in
establishing the different facets of harassment in the work place. This survey was given to
random select employees from the school district, as well as other people via email and web
links. Nineteen individuals responded the survey. The survey will conclude that harassment is
not always reported, and it may continue to fester if left untreated.
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INTRODUCTION
The following report will uncover the facts of harassment, and what our school district can do to
minimize this costly and unethical practice. This study from various academic and peer reviewed
journals, court cases, and surveys will ensure that this problem can be diminished. Helping this
situation only ensures a better reputation, work environment, and more funding. In order to have
a healthy workplace, one must know what harassment is, the different types, ramifications, and
solutions to this problem.
WHAT IS HARASSMENT IN THE WORKPLACE?
Harassment in the workplace is an issue that is of great concern; moreover, it is a topic that has
been acknowledge since work has been institutionalized. In the evolution of a good work
environment in the United States, laws and regulations have been passed in order to keep an
organization a safe and peaceable environment. Harassment in the workplace is an unwanted
form of belligerence from another person that crafts a form of anxiety towards the injured party.
The United States Code Title 18 Subsection 1514(c)1. Harassment is defined as:
"A course of conduct directed at a specific person that causes substantial emotional
distress in such a person and serves no legitimate purpose"…. The Modern Penal Code
section 250.4(MPC) defines harassment as “a petty misdemeanor if with purpose is to
harass another, he: 1) makes a phone call without a legitimate purpose; or 2) insults,
taunts or challenges another in a manner likely to provoke violent or disorderly response;
or 3) calls at inconvenient hours or in offensive language; or 4) subjects another to
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offensive touching; or 5) engages in any other course of alarming conduct serving no
legitimate purpose of the actor” ("What Constitutes harassment," 2009).
Harassment can be manifested unknowingly through unresolved feelings that will display on the
surface towards another individual. An example of this could be a younger employee applying
for the position of supervisor and in time receives the promotion. Through animosity, other
employees that have been with the company longer will display a form of aggression to their new
supervisor. They may manifest through taunts, unwillingness to participate in meetings, attempts
to undermine authority, name calling, and possible ways in making their boss feel incompetent.
TYPES OF HARASSMENT
One common form of harassment is sexual harassment; it consists of unwelcome advances in a
sexual manner, request for acts of sex, as well as other verbal or physical sexual conduct. This
type of harassment is divided into two main categories, one being quid pro quo and the other
being of a hostile environment. To flee or limit the liability for acts of sexual harassment, an
employer must have an effective policy that has features such as the definition of types of
harassment, effective training on appropriate dress and behavior, complaint procedure, and
sanction for violators and protection for work victims. The positive side to this issue is that
awareness for harassment in the work place has been increasing tremendously throughout the
years and companies must be always striving to have a harassment free environment (Crucet, et
al., 2010). Sexual harassment cases can be seen between members of the opposite sex, and even
between members of the same sex. Bullying of this nature is usually seen when employees are
looking for advancement, and the employer will try to guarantee a position if sexual favors are
performed as if one is bartering services. Not everyone can provide sexual favors, for the laws
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of attraction are biased, and it’s governed by favoritism. Case in point, sexual harassment is
unwanted; employees want to earn respect and advancement in a legal, civil, and competitive
manner. Harassment in any form is disrespect towards another individual. Disrespect is caused
by a form of bias that leads to discrimination; discrimination leads to harassment.
RAMIFICATIONS OF HARASSMENT
Harassment can cost a company thousands if not millions of dollars if not treated. Harassment
cases can make a company’s status, reputation, and profits to decay. Damages are immediate,
and the welfare of the organization will plummet just as fast. It creates a hostile working
environment full of stress, anxiety, cognitive and possibly physical damage. Laws restrict
harassment to take place in organizations, for victims can file a suit, causing the company to lose
money. The reputation of the company is only as good as the organization as whole, for if one
employee or employer is harassing, the company will be noted as a hostile place to work.
Respecting each other in the work place is the only ethical thing to do, for it creates productivity,
creativity, and a sense of wellbeing.
In the Scrivener v. Socorro Independent School District case, a teacher by the name of Kelly
Scrivner from Myrtle Cooper Elementary School sued SISD because of being sexually harassed
by her principal. Her claims were of that of a hostile work environment and a violation towards
of Title VII (1999). Four years later, another big case was brought against the district, a
discrimination case. According to court documents, Fabel v. Socorro Independent School
District, it states:
Towards that end, we observe that the record reflects ample evidence that the District was
primarily motivated to terminate Fabela because of Reinhart's dissatisfaction with
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Fabela's job performance.9 However, providing unrebutted evidence of a legitimate
reason for the adverse employment decision is not sufficient to secure summary judgment
under the direct evidence calculus. Insofar as Marcee raised the specter of the improper
criterion as a motivating factor, it is up to the District either to disprove that the improper
criterion was a factor in the employment decision, or that the same employment decision
would have been made nonetheless. Fierros, 274 F.3d at 192. Creating a triable issue as
to these questions, as here the District clearly has, is not enough for the District to prevail
on its dispositive motion (2003)
SISD has their harassment protocol posted for all to see. In the policy stated by the Socorro
Independent School District, Policy DH, DI, It states:
•
Employees shall not engage in prohibited harassment, including sexual harassment, of other
employees or students. While acting in the course of their employment, employees shall not
engage in prohibited harassment of other persons, including Board members, vendors,
contractors, volunteers, or parents. A substantiated charge of harassment will result in
disciplinary action.
•
Employees who believe they have been harassed are encouraged to promptly report such
incidents to the campus principal, supervisor, Director of Employee Relations, or appropriate
district official. If the campus principal or supervisor is the subject of a complaint, the employee
should report the complaint directly to the Director of Employee Relations (2009).
Despite the rules against such doings, employees are still engaging in such unprofessional acts.
There are many cases against SISD because of harassment. In recent years there are many
sexual harassment charges that have been brought against the school district. One of these has
been the case of male teacher being sexually harassed (CN. 2008-3950 , 2008). Another has
been of a female teacher being discriminated against and then wrongfully terminated. This case
has been recently added to the El Paso courts this past May (CN. 2010-2104, 2010). In the
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survey I have conducted, it shows that there is cause for concern in the mentality of employees
when dealing with harassment. This may be a light in the problem with our district.
SURVEYS
My data concludes that people do bully at work, and it’s usually done by supervisors in higher
power or a fellow coworker. People tend to bully if the coworker is more attractive or less
intelligent. Nineteen working adults took my survey.
1. 52.6% have been bullied at work
2. 23.3 % have harassed people at their employment
3. 73.7 % knows of people who have been or currently being harassed at work
4. 78.6% never report harassment problems
5. 44.4 % believe main supervisors are more likely to sexually harass others
6. 33.3% would flirt with a coworker outside of work, not at the workplace
7. 27.8% is a tie between an attractive employee and a coworker of lower intelligence are
more likely to be a target of harassment.
8. 100% of those who have taken the survey have a detailed harassment at work policy
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In the data done by the Equal Employment Opportunity Commission, it shows that
discrimination which is a main cause for harassment has been rising. The data for 2009 is yet to
be posted.
CONCLUSION AND SOLUTION
My solution is simple. Employers and employees need to recognize, first, the symptoms for
harassment which is the root the problem; discrimination being the leading cause. People who
are indifferent, or have a biased towards another worker can lead to problems, for thoughts will
lead to action. One business expert states, “Bullying in the workplace is destructive to
organizations and more importantly strips targets of their most basic human rights. Little has
been done to address this problem in the United States. Current legislative, common-law, and
administrative remedies in the United States do little to address the problem” (Cabo, 2009). In
the same vein, sexual harassment is a form of disrespect of another individual, imposing on their
rights no matter the motive. What is recommended is to have stricter laws and punishments; in
the work place, have more meetings addressing the situation so that the problem is aired out. To
diminish harassment in SISD, schools need to make a team effort to eradicate biases that may
cause discrimination, there needs to be more workshops on respect and ethics; moreover, if these
ideas are put into practice, the workplace will have ensured itself a healthier environment.
References
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Carbo, J. (2009). Strengthening the Healthy Workplace Act—Lessons from Title VII and IIED
Litigation and Stories of Targets' Experiences. Journal of Workplace Rights, 14(1), 97120. doi:10.2190/WR.14.1.f.
Crucet, C., Graells, J., Cabral, S., & Lane, S. (2010). SEXUAL HARASSMENT IN THE
WORKPLACE. Allied Academies International Conference: Proceedings of the
Academy of Legal, Ethical & Regulatory Issues (ALERI), 14(1), 16-20. Retrieved from
Academic Search Complete database.
Fabela v. Socorro Independent School District, 329 F3d 409, (2003)
"Harassment." Socorro Independent School District: Employee Handbook. Socorr Independent School
District, 2009. Web. 15 Jul 2010. <http://my.sisd.net/app/hr_handbook/Employee_Handbook_20082009.pdf>.
JIMENEZ, JESUS vs. SOCORRO INDEPENDENT SCHOOL DISTRICT .Cause No. 20083950 , (2008)
"No. of Claims - EEOC." FY, 2009 Performance and Acountabilty Report. Web. 15 Jul 2010.
Scrivner v. Socorro Independent School District, 169 F3d 969, (1999)
TREVINO, IDA vs. SOCORRO INDEPENDENT SCHOOL DISTRICT, Cause No. 2010-2104,
(2010)
What Constitutes harassment sexual or other?. (2009, August 08). Retrieved from
http://www.uslawbooks.com/books/harass.htm