Sexual Harassment in the Work Environment

Posted by Law Article on July 19th, 2009 at 01:23am

Sexual Harassment in the Work Environment
Management, which show how personnel practitioners are positively tackling equal opportunities issues. EEOC addresses equal opportunities in work environment. These policies are designed to encourage equal opportunities by educating workers and decision-makers, and by positive actions to address inequality wherever it exists. The spirit or intention of equal opportunities legislation, as well as the letter of the law, is important (Equal Employment Opportunity Commission Website, 2005).
Discrimination on the grounds of sex or on grounds of people’s married status is unlawful, except in certain special circumstances. However, employers and designated training bodies can take positive action to promote equality. For example, they can set up management courses for existing women workers only, if women are underrepresented at managerial levels. Another positive action is to encourage applications from one sex. But do note that discrimination is not allowed in the actual selection decision.
According to statistical results the number of complaints has increased since 1996 in spite of the fact that laws and penalties are prevalent. For this reason, the main question concerns the causes of complaints and common sense of organizational authorities unable to prevent sexual harassment in the workplace.
Primarily, it should be mentioned that both direct and indirect sexual harassment are illegal. Direct discrimination, connected with sexual harassment, means allowing gender to influence employment decisions, e.g. when sexual harassment concerning promotion decisions or pay. “Harassment occurs when a supervisor conditions the granting of an economic benefit upon receipt of sexual favors from a subordinate or punishes the subordinate for refusing to submit to his or her request(s)” (Feminism and women’s studies, 2005).
Indirect discrimination occurs if conditions that effectively create discrimination are applied. These could be certain criteria on job specifications or advertisements if they tend to preclude women or men. For example, the Civil Service used to restrict direct entry to executive grades to those under 26 years old. It can no longer do so because this would discriminate against women who return to work after bringing up families.
Sexual harassment at work is expensive, stressful and disruptive for both employers and employees. But even if it happened both employers and employees agree that early, constructive discussion can produce solutions before problems escalate and working relationships break down. If the problem is not solved and results in a tribunal case, both sides face a protracted, unsettling experience. Any employee who has been discriminated against has a right to be protected by law.
According to the statistical results, the number of compalines increased during 1996-2000 FY in contrast to the previous period. In 1990, the number of sexual harassment charge receipts filed with the EEOC was 2,217 (3,6%) while in 2000 FY there were about 5, 332 (6,7%). This figures suggests that organisaitons had to paid a lot of money for those who filed suits. It is explained by the fact that “the employer is responsible for sexual harassment by its supervisory personnel–regardless of whether the specific acts complained of were authorized or even forbidden by the employer, and regardless of whether the employer knew or should have known of their occurrence” (Sexual Harassment at Work, 2005).
Taking into account ligal dementions, it is evident that organisaiotns are not interested in loosing money been accused in sexual harassment in the workplace. For instance, at the federal level, Title VII of the Civil Rights Act prohibits sexual harassment. The case of sexual harassment needs to be proved, but not the motive or intention of the defendant to discriminate. The fact that sexual harassment has been taken seriously by unions and industrial tribunals – the EOC won two cases about it in 1983 under the Sexual Discrimination Act – despite initial ridicule, especially in the popular press, suggests that feminist concerns have become more publicly acceptable. “Sexual harassment wasn’t considered discriminatory until the 1980’s and then, the number of claims were few” (Igasaki, 2004).
There are other signs of responsiveness to feminist criticism – for example in the treatment of women who have faced sexual harassment. Though there is disturbing evidence that at the end of 1990s only a small minority of women felt able to report sexual harassment and continuing criticism of treatment of the women by police and the courts, the police have begun to respond. Nevertheless, feminism and human rights movements have opened new opportunities for women to report sexual harassment cases. Many of women are encouraged to report such cases in order to prevent them. “Quid pro quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment (Legal Definitions, 2005).
This situation can be explained by the fact that for a long time, public concern was expressed over the continuing failure of police and courts to follow up cases of sexual harassment where employees are at risk. It was found that women found the s court very unhelpful if they complained of women to bring cases of discrimination to tribunals.
Nevertheless, in the 1990s the situation has changed. EEOC provisions allow for positive action by employers to train and promote women, included sexual harassment as a form of discrimina¬tion, and established leave for fathers as well as mothers after the birth of a baby.
Today, there has in addition been a significant shift in attitudes towards greater acceptance of equality, despite abundant evidence of continu¬ing prejudice, inertia and discrimination; and there are indications of a greater willingness to respond sympathetically to women suffering sexual harassment or physical violence from men. But the role of groups and individuals committed to achieving equal rights and fair treatment is clearly still essential.
It should be mentioned that economic position of the majority of women depends on how jobs are created and allocated in the new economy that is emerging, and how Government distributes welfare and assists provision for increased leisure. The evolution of post-industrial society could, however, crucially affect the future position of women, and mean either a genuine liberation for many previously tied to routine and low-paid jobs or a new subordination in a masculine-dominated high-technology society in which women’s roles and concerns are treated as peripheral. It is therefore vital that women help determine the nature of this society. For this reason, there are some evidence that women using this area to obtain money by filing a suit.
The weak point of legislation is broad definition of the term “sexual harassment” which can be applied to many situations in the work place. According to US Department of State sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) an employment decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct; or (2) the unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or abusive work environment” (US Department of State, 2005). The term “unwelcome conduct” does not defined the nature of sexual harassment itself, and can be differently interpreted.
Another form of solving the problem of sexual harassment is mediation. Recently, EEOC uses this alternative forms of Dispute Resolutions. Nevertheless, many women prefer to file a suit instead of this form. So, Why? The only possible answer is that they will receive pretty money if is able to prove sexual harassment case. In 2000 $54.6 millions was paid as a sexual harassment charges (Sexual Harassment Charges, 2004).
Mediation is a very useful alternative form to the traditional investigative or litigation process. Mediation or third party intervention is used in conflicts. Mediator plays the core role here. Belonging to an independent part of the process he/she helps the parties of the conflicts being objective. The ability of a third party to resolve conflict can influence the outcome of it.
Discussions on the role and the importance of the rule of law and the judicial system are typically characterized by noble pronouncementsfor example, about the independence of the judiciary, the need to improve access to jus¬tice. These are rather abstract terms, however, and they hide the complicated social realities that lie beneath them and give them whatever meaning they have.
Proponents of better judicial systems and their requirements also are asso¬ciated with efforts to measure what a successful legal and judicial system would be. The focus again is on specifying what is needed in the internal workings of the judicial system. “An increasing proportion of the cases involve situations where a hostile environment is created for an employee. The harassment here can come from a manager or from other sources. Here, unwelcome advances are made serious enough to interfere with a worker’s ability to do her or his work” (Igasaki, 2004).
Those seek¬ing quantitative indicators can also seek to measureeven if only through opinion pollsother factors such as the independence and prestige of the ju¬diciary. The hope riding on such efforts is that they will encourage key local actors to do whatever it takes to improve ratings. “it is essential to remember that it is not the intention of the perpetrator that is key in deciding whether harassment has occurred, but whether the behaviour is unacceptable by reasonable normal standards, and is disadvantageous or unwelcome to the person subjected to it” (Twomey, 1998).
It is evident that a shift in attitudes towards greater acceptance of equality, despite abundant evidence of continu¬ing prejudice, inertia and discrimination; and there are indications of a greater willingness to respond sympathetically to women suffering sexual harassment or physical violence from men, allows some women to use it in order to obtain money. But the role of groups and individuals committed to achieving equal rights and fair treatment is clearly still essential.
In general, sexual harassment suits have a very negative impact on working environment. Organizational environment is reinforced through the system of rites and rituals, patterns of com¬munication, the informal organisation, expected patterns of behaviour and perceptions of the psychological contract. The sexual harassment cases result in lack of communication and prevent organizations to achieve the goals. Positive climate, free from prejudices and complaints helps to provide satisfaction of members’ social needs, and a sense of personal identity and belonging because it is upon the loyalty essential to successful industrial relations.
It provides additional channels of communication and provides a means of motivation, for example, through status, social inter¬action, variety in routine jobs, and informal methods of work. Informal type or mediation creates a feeling of stability and security, and through informal ‘norms’ of behaviour can exercise a form of control over members. Positive organisational climate influences the level of morale and attitudes which members of the organisation bring to bear on their work performance and personal relationships.
If employees are under pressure been accused in sexual harassment or other discriminating issue, they feel frustrated which resulted in poor organizational performance. In reality, many conflicts can be resolved without filing a suit, but women prefer to use this form of protection in order to obtain money.
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Tags: 性骚扰、歧视、工作场所性骚扰、