“Take off your clothes”
Sexual Harassment in the Work Place
Ashley is employed at a local family run restaurant. Ashley’s boss Dave is constantly
making suggestive winks at her. On occasions he would grab her inappropriately with intentions
of lifting up her skirt. One day Dave fallows Ashley into women’s restroom and grabs her
bottom telling her to comply or else he will fire her. Being in no position to lose her job, Ashley,
a single mother of four, gives into her bosses sexual demands.
What is Ashley to do? What can she do? Whom can Ashley turn to prevent her boss from
making sexual advances on her? After all, he is her boss. Being a hypothetical situation Ashley
was not hurt; however, what if this was not a hypothetical situation? Unfortunately too often it is
not a hypothetical situation. According to a telephone poll conducted by Louis Harris and
Associates on 782 U.S. workers, staggering 31% of female workers and 7% of male workers
reported that they have been harassed at work. Shockingly in the same study, out of those who
reported to have been sexually harassed, 62% took no action. Perhaps reason why 62% fail to
report was because 43% of those harassed were harassed by a supervisor or someone superior to
them. Out of those harassed 19% were harassed by a coworker, so limitations do not only fall on
those superior but can in turn be by those at your level, or even by a junior employee.
A Telephone poll by Louis Harris and Associates on 782 U.S.
workers
Percent:
Harassed by:
43 Supervisor or higher
27 Employee Senior to them
19 Coworker
8 Junior Employee
(http://www.sexualharassmentsupport.org/SHworkplace.html)
What is Sexual Harassment?
Sexual harassment is any type of sexual behavior that is unwelcome and/or inappropriate for the
work place. Sexual harassment is punishable both by federal and state law. Under federal law, Title VII of
Civil Rights Act of 1964 sexual harassment is strictly prohibited. Title VII classifies sexual harassment
claims into two major categories: "Quid Pro Quo" (Latin: "This for That" or "something for something")
and "Hostile Work Environment" (EEOC). However Title VII only applies to employers with more than
fifteen employees including state, local and federal governments; employers with less than fifteen
employees are bound by state laws that make sexual harassment illegal (EEOC). These state laws are
similar to those of Title VII but are normally defined as anti-discrimination laws (ExpertLaw). It should be
noted that sexual harassment can occur in any work place, even a nonprofit organization.
Quid Pro Quo!
Igor is a worker at a local doughnut shop. One afternoon while cleaning floors Igor was called
into his bosses’ office where she told Igor that if he didn't perform or meet her sexual remedies he would
lose his job. Being a full-time worker Igor isn't in a position where he could just walk out and leave his
job, so unfortunately Igor feels that he has no other output or choice. Igor knows if he were to report it, his
boss would soon find out and fire him leaving him and to suffer the consequences of reduced income and
unemployment. Fear of losing their job can be just one of many reasons a person might not take
appropriate action to report sexual harassment in the workplace.
Quid Pro Quo sexual harassment takes place when a supervisor, manager or someone with
authority over your job demands sexual favors from you in exchange for his/her assistance in promoting,
hiring, or retaining you. Basically anyone that is capable to put your job in direct jeopardy. Quid Pro Quo,
or demand for sexual favors can be expressed in written or verbal conduct. For example a statement such
as: "If you have sex with me, I will see to it that you keep your job" or "If you go out with me, I will make
sure you get that promotion" would both be considered demands for sexual favor (Lawguru). Quid Pro
Quo is among the most damaging sexual harassments because victims are put in direct line with losing
their job and/ or their promotion (Lawguru).
Hostile Work Environment!
One day Gogi puts up visual posters of a semi nude Playboy model in his work station, but
Layla on the other hand finds the picture to be offensive, and creating an intimidating and
uncomfortable work environment. If Layla is able to prove that this truly does interfere with her work
performance than she is able to file a sexual harassment claim. So next time you giving compliments,
tap someone on the back to be nice or discus how attractive that girl/guy from last night was,
remember that it can be considered hostile work environment if there is someone affected by it and
you can be charged with sexual harassment.
There is much debate over what is considered to be hostile work environment sexual harassment.
This type of sexual harassment occurs when employee or costumer is subjected to comments sexual
nature, unwelcome physical contact or offensive sexual materials as a regular part of the work
environment (Lawguru). A hostile work environment doesn't need to be aimed directly at the person who
is being harassed; someone just walking by can be affected by it. What constitutes hostile work
environment sexual harassment is what the potential victim finds to be offensive and or makes their work
place seem unsafe to them personally.
As an employee, federal law gives you a right to work in an environment that is free of
discrimination, insult and ridicule. You're to file a claim for hostile work environment if sexual
harassment unreasonably interferes with your work performance and/or creates an intimidating work
environment for you (EEOC). Being the butt of sexually-charged jokes or pranks, being grabbed or
whistled at, sexual advances, verbal, visual, or physical conduct of sexual nature can create hostile or
offensive work environment.
Other Types of Sexual Harassment!
Quid Pro Quo and Hostile Work Environment are not the only types of sexual harassment in
the work place, but those are the only two that are defined by law. Some other types of sexual
harassment would be Mother/Father figure (a.k.a The Counselor-Helper) this harasser will attempt to
create a mentor-like relationship with his/her target. Other types of harassers include the Groper,
opportunist and the bully. But one of the most dangerous is the Serial Harasser. The Serial harasser
has carefully built up an image so that most people would find it hard to believe they would do or
cause anyone any harm. Their approach is planed carefully, and they will only strike in private so that
it is their word against mat of the victim reflecting back on their good image.
Where and to whom it can happen
Sexual Harassment is extremely widespread in the workplace. A study by Luis Harris and
Associates showed that 70% of women and 20% of men have experienced sexual harassment in the
work place, and unfortunate 62% of those took no action (Luis Harris and Associates). Even though
women make up the majority of sexual harassment cases, it's not unusual for men to report sexual
harassment even against the opposite sex. In 2006, Equal Employment Opportunity Commission
EEOC received 12,025 charges of sexual harassment. Of the 12,025 charges filed that year, 15.4% of
those were filed by males; this number has more than tripled since (EEOC). Most EEOC cases come from
companies of 100 or less employees (EEOC). Numbers do sky rocket and keep increasing when it comes
to sexual harassment.
Negative Effects of Sexual Harassment!
Not only does sexual harassment does have a certain impact on work performance, but it also has
Career-Related Effects (APA). In addition many victims reported physical and psychological reactions
such as: depression, anxiety, anger, fear, headaches, self-blame, guilt, phobias and panic reactions (APA).
American Psychological Association found that many victims who have been sexual harassed often
change their jobs, career goals, job assignments and in some cases even academic majors. Sexual
harassment can lead to decreased job satisfaction, unfavorable work performance and significant increase
in absenteeism (APA).
How to Stop/Fight Sexual Harassment
Fortunately sexual harassment is
quite preventable in our society. Your first
line of defense is to be direct, approach
the harasser and say no and clarify to
him./her that the conduct was unwelcome.
If you are shy you can write a letter or
have a friend approach the harasser and
explain that the conduct is unwelcome. Above all don't keep it to your-self; tell someone. Also keep a
written record of what happened and when. Include time, place, people involved, witnesses and how you
felt. If being direct doesn't work find out who's responsible for dealing with sexual harassment in your
organization. Just about all the organizations have some type of sexual harassment policies, procedures
and individuals you can talk to.
Employers Obligation
Employers have a major role in helping to prevent sexual harassment. All employees should be
educated and given thorough information on what constitutes sexual harassment and what their rights and
responsibilities are. Rulings in two cases, Faragher v. City of Boca Raton, and Burlington Industries Inc.
v. Ellerth, in 1998 by the Supreme Court stated it would no longer rely on the two different forms of
sexual harassment, "quid pro quo" and "hostile environment."(EEOC).
The Court called these two forms of sexual harassment of "limited utility" in assessing employer
liability. The Supreme Court moved toward making employers have greater liability for all forms of
harassment by their supervisors. They ruled that the employer is responsible for the actions of the
supervisor, even when the employer is unaware of the supervisor's behavior. The employer can no longer
claim that it did not know about the sexual harassment because the employee did not inform them, nor can
they claim that they were unaware of the supervisor's behavior. As a result, an employee who refuses the
unwelcome sexual harassment of a supervisor, and who suffers no adverse job consequences, can still
bring a sexual harassment lawsuit against her employer.
The employee will not necessarily be required to show a loss of advancement, retaliation, loss of
income, or stress as was necessary under "quid pro quo" and "hostile environment." They must show that
the nature of the sexual contact they experienced caused them to experience discrimination. According to
an article on sexual harassment and the problems it poses for employers posted on
employerspublications.com, New ruling of the U.S. Supreme Court make it possible for employers to be
liable for up to $50,000 in sexual harassment charges even if they are totally unaware of the behavior
(Employer Publications).
The most effective ways for an employer to prevent sexual harassment in the workplace is to
clearly define sexual harassment to all employees, state in no uncertain terms that they will not tolerate
sexual harassment, state that they will discipline or fire any wrongdoers, to set out a clear procedure for
filing sexual harassment complaints, to state that they will investigate fully any complaint that they
receive, and to state that they will not tolerate retaliation against anyone who complains about sexual
harassment. It is very important that the employer follow through with any guidelines and regulations that
they have set up for their business to build a trusting environment for all employees.
Other Sources for Help
If your employer doesn't take the necessary steps to put a stop to the sexual harassment or if it's
the case of Quid Pro Quo and you're being sexual harassed by your boss, you can't really go and complain
to him or her about sexually harassing you. So your best line of defense, or your weapon of mass
destruction, would be to file a claim with Equal Employment Opportunity Commission or EEOC for
short. EEOC is federal government agency mandated to enforce Title VD of the Civil Right Act of 1964
(Sunysb).
"When investigating allegations of sexual harassment, EEOC looks at the whole record: the
circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents
occurred. A determination on the allegations is made from the facts on a case-by-case basis" (EEOC).
Also it should be noted that you cannot file a lawsuit against a company in federal court until you receive
a "right to sue" clearance from EEOC (EEOC)
Sexual harassment is definitely one of the most destructive workplace communication problems.
Not only will employees suffer unwillingness to communicate and interact with one another, but they may
even develop psychological and physiological disorders. Employee may also change career goals, leave
their job and even file legal cases (APA)
Take action to prevent sexual harassment and if it happens to you report it to EEOC and seek legal
recourse; and remember…
]
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HR Magazine May 1993. 3 Apr. 2010.
<http://www.findarticles.com/p/articles/mi_m3495/is_n5_v38/ai_14108568/print>.
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<http://www.expertlaw.corn/library/employment/sexual_harassrnent.html>. Sexual
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