Sexual Harassment Essay, Research Paper

Chapter 1

Introduction

“There are approximately 100 million grown women in the United States, and I thought I heard them all growling today. These days women take it very seriously when they’re not taken seriously.” – John Chancellor, NBC Nightly News

The sooner we all realize that this is an issue that affects both men & women, wives & husbands, sons & daughters, mothers & fathers the better off we’ll be. The latest studies and surveys show the same results as fifteen years ago.

People that actually worked in the area of harassment knew the problem was there all along and knew how big it was. Now it’s just getting the national and international attention it deserves.

The faster we realize that it affects us all and that we all must play a part in solving this problem, the faster we will be rid of it.

Chapter 2

Defining and Understanding Sexual Harassment

Many people are facing the issue of sexual harassment for the first time and have little or no knowledge of it. The most widely used, commonsense definition of sexual harassment is “deliberate and/or repeated sexual or sex based behavior that is not welcomed, not asked for and not returned.”

In 1972, Congress passed the Equal Employment Opportunity Act, giving the federal Equal Employment Commission (EEOC) an independent general counsel appointed by the president. This counsel was given the authorit{ to bring cease and desist orders and to sue in federal court those guilty of discrimination. Congress also passed in 1972 The Education Act Amendments prohibiting sex discrimination at schools and universities.

In 1982 and 1983, two federal circuit courts of appeal adopted their own classification for sexual harassment cases (1)”harassment in which a supervisor demands sexual consideration in exchange for job benefits (quid pro quo )” and (2)”harassment that creates an offensive environment” (Henson v. City of Dundee).

In the 1990s more attention was focused on the problem of sexual harassment by court rulings about pinups at work and the reasonable-women standard.

Legal definition of Sexual Harassment

The EEOC definition of sexual harassment is found in 29 Code of Federal Regulations (CFR) 1604.11 (a): Harassment on the basis of sex is a violation of [the law]. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of individuals employment,

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

(3) Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Chapter 3

Some Court Cases and Decisions

Corne v. Baush and Lomb, Inc 1975

The courts determine that sexual harassment is not sex discrimination. The sexual advances are seen as mannerism.

Brown v. City of Guthrie 1980

The first court opinion to cite the 1980 EEOC guidelines, quoting Section A, that sexual harassment is a violation of Title VII when “such conduct has the purpose or effect of substantially interfering with an individuals work performance.”

Meritor Savings Bank v. Vinson 1986

This was the first U.S. Supreme Court case to find that sexual harassment is a form of sex discrimination under Title VII of the 1964 Civil Rights Act. The decision said that management personnel cannot always hold employees liable for sexual harassment.

Hill v. Thomas 1991

Law professor Anita Faye Hill charges Supreme Court nominee Judge Clarence Thomas with sexually harassing her when she worked with him.

Chapter 4

Do Women Invite Harassment?

Many believe women invite sexual harassment through their dress and their actions. In a 1991 study researchers found that some women fall into two categories: careerists and feminists. They define careerists as women who believe sexism no longer exists; feminists viewed the legal profession as an uneven playing field, with women having lesser status than men.

The sexual message of clothing is in the eye of the beholder and women have suffered misunderstandings from the opposite sex. “Provocative dress” has nothing to do with sexual harassment; some people have trouble distinguishing alluring attire from that which only emphasizes self-esteem and beauty.

Men’s and Women’s Different Perceptions of Harassment

Generally, sexual advances at work flatter men, whereas they insult women. Most people found that male executives did not see sexual horseplay and simple advances as clear-cut harassment.

Chapter 5

Six Simple Steps to Stop Sexual Harassment

When you see a serious sexual harassment complaint brewing, you can be sure that one or more of these steps are missing:

(1) top management support, (2) a written posted policy statement, (3) procedures for handling complaints, (4) actual handling, (5) training and (6) follow through.

Bibliography

Biber, Sharlene Hesse, Carter, Gregg Lee, “Working Women in America/ Split Dreams,” New York: Oxford 2000

Brock, David, The Real Anita Hill, New York: Free Press, 1993

Chapman, Gary, “The Flamers: The Internet and Decline of Public Discourse,” The New Republic 186, no.4, April, 1995: pp 13-15

Eisaguirre, Lynne, Sexual Harassment, 2nd ed., California: ABC-CLIO Inc, 1997

Webb, Susan L., Step Forward: Sexual Harassment in the Workplace, New York: Mastermedia, 1991