FREE ESSAY ON SEXUAL HARASSMENT

SEXUAL HARASSMENT

It is time to sex it down In the current political forum and corporate world, sexual
harassment has become a heated issue. The federal courts of the United States have
addressed the pressing issue of this violation and are forcing corporations to assume
responsibility for the actions of their employees by the Equal Employment Opportunities
Commission. In Code 29 of the Code of Federal Regulation, it states that in cases
involving employees, An employer may be responsible for the acts of employees, with
respect to sexual harassment of employees in the workplace, where the employer, its
agents, or supervisory employees knows, or should have known, of the conduct and fails to
take appropriate corrective action. In reviewing these cases, the Commission will
consider the extent of the employer's control and any other legal responsibility, which
the employer may have with respect to the conduct of such non-employees. (O'Donohue,
1997, p. 43) Harassment in the workplace causes hostility and tension. These attributes
are not conducive to a worker-friendly atmosphere. According to research by the American
Psychological Association, Many women who have been harassed on the job report a
cornucopia of symptoms similar to other forms of severe stress (Petrocelli, 1997, p.87).
These include problems ranging from depression, insecurity, and lethargy to headaches and
decreased job satisfaction and productivity. Therefore, employers must prevent and
enforce sexual harassment so that they will be better able to prevent further instances
of the offense. Its occurrence decreases productivity and warrants unnecessary debt.What
is sexual harassment? The ambiguity of words allows for many interpretations of sexual
harassment, but the United States Equal Employment Opportunities Commission (EEOC)
defines sexual harassment in the 29th Code of Federal Regulations (CFR) #1604.11(a)
when:1. Conduct and/or comments are understood to be sexual in nature2. Submission to or
rejection of such conduct by an individual is used as the basis for employment decisions
affecting such individual, or3. Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment. (MacKinnon, 1990, pp. 67-68)Defining sexual in nature
Sexual harassment encompasses a wide range of conduct, from offensive sexual innuendoes
all the way to borderline cases of rape (MacKinnon, 1990, p.92). It is hard for the
courts to draw the fine line where actions become offensive and sexual in nature. Such
conduct, however, needs not be restricted to any physical harassment. Verbal assaults and
visual degradation also carry substance in the definition of sexual harassment
(O'Donohue, 1997). Verbal sexual harassment includes crude sexual jokes, sexual requests
or favors, and references to the physical attributes of the victim. If these assaults are
unwarranted and unwanted, they constitute sexual harassment. Harassment can be any
derogatory action or comment (Petrocelli, 1997). Another offense that can be included
into the realm of sexual harassment is visual insult. Any pictures, gestures, or looks
that are sexually explicit fall into this category. Written notes or letters to a
colleague with sexual content or nature also constitute a violation of the 29th code of
the Code of Federal Regulations imposed by the EEOC. (MacKinnon, 1990)Hostile working
environment vs. quid pro quo demand When cases of sexual harassment first appeared in the
courts, only cases of quid pro quo were recognized. These instances of the offense
threaten the employment of the victim if they are unwilling to submit to sexual requests.
This type of harassment usually occurs when the offender is in a superior position than
that of the victim. Almost 2/3 of sexual harassment complaints were brought against a
woman's immediate supervisor or another person with greater power (Petrocelli, 1997,
p.121). The harasser explicitly explains or implies that refusal of compliance will
result in job-loss. This request need not be sexual intercourse. A more recent
recognition of sexual harassment is those cases causing a hostile working environment.
While it can be associated with quid pro quo offenses, it stands alone as a justifiable
claim. In this type of harassment, the conduct is so severe or pervasive that it changes
the very conditions of employment, making the work environment hostile. For example, an
employee arrives at work one morning to find that someone has left suggestive literature
on her desk. If this behavior occurs for a prolonged period, the harasser has created a
hostile working environment.Why employers should not accept responsibility Those critics,
many of whom are employers, that feel they should not bear the burden of their employees'
actions will say that it is the responsibility of the worker to act maturely in the
workplace. If employers are not personally responsible for the harassment, why should
they have to suffer as well? An employer may be the supervisor of his or her employees,
but how would it be possible to oversee every action, word, and gesture communicated
among employees? The responsibility of employees' actions is their own. Each worker is a
mature adult, expected to behave properly.Why employers must assume responsibility Should
a whole corporation suffer for the careless actions of one employee? Yes. The most
obvious reason for companies to assume responsibility for the actions of their employees
is that they are legally required to do so. No one is above the law. Just as parents must
care for their children, corporations must also hold the best interests of their
employees in mind and in policy. In addition to this legal obligation, sexual harassment
decreases revenue. By both lowering productivity and producing expenses, sexual
harassment is a burden to businesses. Even if the offense is settled informally, the
harasser took time away from work to commit the crime. According the U.S. Merit Systems
Protection Board, Sexual harassment costs a typical Fortune 500 company $6.7 million per
year in absenteeism, low productivity, and employee turnover (MacKinnon, 1990, p.27).
Therefore, his or her efficiency is affected. Court actions follow any situation that
cannot be informally resolved. Mitsubishi Motors Manufacturing recently agreed to pay $34
million to women who worked at its plant in Normal, Illinois for failing to step in and
stop the widespread sexual harassment they endured for years at the company (Petrocelli,
1997, p.96). That is an unnecessary debt to accept as a result of negligence. Final
thoughts Employers cannot avoid the issue of sexual harassment. They must take the proper
steps in helping to prevent any further abuse of power in the sexual context. Time and
money are not expendable commodities in the corporate forum. If businesses wish to
continue to thrive they must face up to reality and address the issue of sexual
harassment. Women are not able to work in a good environment and thus it affects their
productivity. Less productivity equals less revenue, and that is certainly something
corporations cannot deal with. With corporations such as Mitsubishi suffering extreme
debts, the Chairman of the EEOC, Paul M. Igasaki, gives warning to all other businesses.
Other companies should take heed . . . The key to success in this area is having a
credible policy which takes decisive, fair, and timely corrective action long before a
situation gets out of hand (O'Donohue, 1997, p. 47).