Mirror of Justice » Sexual Harassment

When Does a Sexual Harassment Exists in Employment

Law Article — Sun, 19 Jul 2009 17:23:50 +0000

In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.What are the acts that can be considered as sexual harassment?First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims. There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.Damages resolvable in sexual harassment in the workplaceSexual harassment victims’ resolvable damages differ greatly between California and Federal law. California and Federal law gives recovery for the following damages:• Lost wages• Future loss of wages• Emotional distress, • Punitive damages• Attorney’s feeFederal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.RecommendationFinally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations . For expert legal advice and representation, log on to our website and contact our law office.

Before becoming a writer, Janice spent her time reading a lot of educational books. From this hobby, she soon discovered her passion for writing and took up Journalism. She became a paralegal writer, and worked as an editor/columnist to a magazine specializing on government and business affairs. Later on, she evolves herself into a legal writer of a famous Los Angeles based law firm.

Sexual Harassment in the Work Environment

Law Article — Sun, 19 Jul 2009 05:23:54 +0000

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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Sexual Harassment Policy Guidelines Part I

Law Article — Sat, 18 Jul 2009 05:23:56 +0000

Sexual Harassment Policy Guidelines – Part IPermission is hereby granted to modify and use the information in this draft sexual harassment guideline, provided you include reference to the author as shown at the end.We shall take all reasonable steps to see that this sexual harassment policy is followed everyone in our organization who has contact with employees. This prevention plan will include training sessions, ongoing monitoring of the work site and a confidential employee survey to be conducted and evaluated each year. Sexual harassment refers to all types of unwanted sexual attention. Sexual harassment does not mean occasional compliments of a socially acceptable nature. Sexual harassment refers to conduct which is offensive to the individual, which harms morale, and which interferes with the accomplishment of our organization mission. This includes pressure to provide sexual favors, and offensive, intimidating comments or actions concerning one’s gender or sexual orientation. Four basic types of sexual harassment:1. Verbal harassment: Sexually suggestive comments, e.g., about a person’s clothing, body, and/or sexual activities; sexually provocative compliments about a person’s clothes or the way their clothes fit; comments of a sexual nature about weight, body shape, size, or figure; comments or questions about the sensuality of a person, or his/her spouse or significant other; repeated unsolicited propositions for dates and/or sexual intercourse; pseudo-medical advice such as “you might be feeling bad because you didn’t get enough” or “A little Tender Loving Care (TLC) will cure your ailments”; continuous idle chatter of a sexual nature and graphic sexual descriptions; telephone calls of a sexual nature; derogatory comments or slurs; verbal abuse or threats; sexual jokes; suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; homophobic insults.2. Physical harassment: Sexual gestures, e.g., licking lips or teeth, holding or eating food provocatively, and lewd gestures such as hand or sign language to denote sexual activity; sexual looks such as leering and ogling with suggestive overtones; sexual innuendoes; cornering, impeding or blocking movement, or any physical interference with normal work or movement; touching that is inappropriate in the workplace such as patting, pinching, stroking, or brushing up against the body, mauling, attempted or actual kissing or fondling; assault, coerced sexual intercourse, attempted rape or rape.3. Visual harassment: Showing and distributing derogatory or pornographic posters, cartoons, drawings, books or magazines. 4. Sexual favors: Persistent pressure for dates, unwanted sexual advances that condition an employment benefit upon an exchange of sexual favors.It is not permissible to suggest, threaten or imply that failure to accept a request for a date or sexual intimacy will affect an employee’s job prospects. For example, it is forbidden either to imply or actually withhold support for an appointment, promotion or change of assignment or suggest that a poor performance report will be given because an employee has declined a personal proposition. Also, offering benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations or reclassifications in exchange for sexual favors is forbidden. Any employee found to have violated this policy shall be subject to appropriate disciplinary action according to the findings of the complaint investigation. If an investigation reveals that sexual harassment has occurred, the harasser may also be held legally liable for his or her actions under provincial and federal law. Anyone making a false claim of sexual harassment will also be subject to disciplinary action.Any employee bringing a sexual harassment complaint or assisting in investigating such a complaint will not be adversely affected in terms and conditions of employment, or discriminated against or discharge because of the compliant. Complaints of such retaliation will be promptly and thoroughly investigated.Sexual harassment can occur in any situation, but is especially common in situations where there is a power imbalance between the perpetrator and the victim, due to gender, race, sexual orientation, status or rank differences. Sexual harassment, however, can also occur between peers. Both women and men can be victims of sexual harassment, although it is most common for women to be harassed by men. Sexual harassment also occurs between members of the same sex. Sexual harassment differs from healthy sexual attraction because it is unwelcome and unsolicited. Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive. NOTE: An employee who was previously involved in a mutual consenting intimate relationship with another person maintains his or her entitlement to protection from sexual harassment, but s/he should inform the other party that any further sexual advances are unwelcome. Sexual harassment degrades all persons and creates a hostile work environment. It is extremely costly for employers as well as damaging to employees. The effects of sexual harassment on the complainant may include loss of self-confidence and self-esteem, physical symptoms of stress, diminished work productivity, and low morale.To fight sexual harassment, remember four tactics: confront, report, document, and support. CONFRONT the harasser. Say No Clearly. Inform the harasser that their attentions are unwanted. Make clear you find the behavior offensive. If it persists, write a memo to the harasser asking them to stop; keep a copy. REPORT the problem immediately, verbally and/or in writing directly to your supervisor, or to the supervisor of the accused, and to your union steward. Our door is always open and anyone who has been harassed or thinks harassment is occurring, can seek our confidential advice. We will speak with the accused at your request and inform them about illegal conduct and its consequences. We have a zero-tolerance policy for sexual harassment. If the incident is confirmed, the offending employee faces the following possible sanctions: verbal or written reprimand, negative evaluation, denial of promotion, poor recommendations, suspension, demotion, forced resignation, and termination. We will make every effort to create an atmosphere of comfort for recipients of sexual harassment to request assistance in the resolution of complaints, but at the same time we will also protect the rights of the accused until proven guilty. Note: A single sexual advance, unless severe, may not constitute harassment unless it is linked to the granting or denial of employment or employment benefits. The unwelcome, intentional touching of a person’s intimate body areas is sufficiently offensive to be considered severe, and even a single incident can be considered as harassment. Asking someone for a date is not considered severe. But a repetitive series of non-severe incidents will be considered harassment if the offender was told to stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed such as a previous consenting relationship.SEXUAL POLLUTIONThere are some acts perceived by the recipient to have a “sexual nature” that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace pollute the working environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper. Examples of sexual pollution are: continuous “pet” name calling, such as “baby,” “sweetie, “or ” honey”; referring to an individual as a “hunk,” “fox,” or “broad”; referring to men in general as “dogs,” “swine,” or to women as “bitches,” “wenches, ” or “chicks”; remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the workplace, and continuous gift giving with the intention of getting sexual favors in return.A single act of sexual pollution by itself may not constitute sexual harassment. However, continuous acts with the appearance of a sexual nature probably would be. The “reasonable person” standard will be used to determine if it is or not.DOCUMENT the harassment. While the incident is still fresh in your mind, write down what happened, where, when, and how you responded, if possible, word for word. Include the names of witnesses, if any. Keep notes in a journal or notebook to show a continuous record. Send a dated, certified, return-receipt letter to the harasser, asking that the harassment stop, and keep a copy for yourself. Use your telephone answering machine to tape phone calls from the harasser, and save phone messages that are left for you. Keep the records in a safe place, away from work. Documentation will be essential if you must defend yourself in court or before an administrative hearing panel. Document your work. Keep copies of performance evaluations and memos that attest to the quality of your work. The harasser may question your job performance in order to justify his behavior. SEEK SUPPORT from others. Talk to a friend, colleague, or relative, an organized group, or counselor, and your supervisor or someone in personnel that you trust. Not only will you benefit, you may learn of others who have had similar experiences who can offer strategies for dealing with the harassment and support. Look for witnesses and other victims. You may not be the first person who has been mistreated by this individual. Ask around discretely; you may find others who will support your charge. Two accusations are much harder to ignore. Get the union steward involved right away.REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENTIf you have been discriminated against on the basis of sex, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay and other remuneration. You may also be entitled to damages to compensate you for future pecuniary losses, mental anguish and inconvenience. Punitive damages may be available, as well, if an employer acted with malice or reckless indifference. You may also be entitled to attorney’s fees.ARE YOU THE HARASSER?Those accused of sexual harassment are often surprised to learn how their behavior is perceived by those who feel victimized by such behavior. • Review your attitudes and actions toward others. Examine how others respond to what you do and say. Is your behavior sex-neutral and bias-free?• Imagine yourself a victim of unwelcome sexual attention by someone having control over your career or livelihood. • Consider the impact you have on other’s attitudes toward their work and self-esteem. • Do not assume that your colleagues, peers or employees enjoy sexually oriented comments about their appearance, or being touched or stared at. • Do not assume that others will tell you if they are offended or harassed by what you say or do. • Be aware of other’s feelings and responses to sexual harassment. Could your behavior cause others to experience the vulnerability, powerlessness, and anger described by victims?Permission is hereby granted for you to modify and use the information in this article provided that you include a reference as follows: Original document created by Al Link (4 Freedoms Relationship Tantra)

Al Link and Pala Copeland own and operate 4 Freedoms Relationship Tantra. They regularly host lover’s romantic weekends near Ottawa Canada, and weeklong retreats in exotic locations. For more info Visit www.tantra-sex.com, www.sexyspiritualrelationships.com and their blog www.askaboutloveandsex.com or send email: 4freedoms@tantraloving.com