Analysis broad. Clearing up the legal definition of
Analysis of Sexual Harassment Sexual harassment is one of the biggest problems facing our schools and businesses today. A week rarely goes by without a reminder of the pervasiveness of sexual harassment as a social problem. Sexual harassment is a growing problem in the government agencies, schools, and the corporations of the world; however, many corporations are now adopting new anti-harassment policies.
(Conta) The definition of sexual harassment is any unwanted or inappropriate sexual attention. That includes touching, looks, comments, or gestures. A key part of sexual harassment is that it is one sided and unwanted. There is a great difference between sexualharassment and romance or friendship, since those are mutual feelings of two people. Often sexual harassment makes the victim feel guilty, but it is important for the victim to remember that it is not their fault, the fault lies totally on the person who is the harasser. Many times fear is involved in sexual harassment because it isn’t about physical attraction, it’s about power.
In fact, many sexual harassment incidents take place when one person is in a position of power over the other; or when a woman has an untraditional job such as a police officer, factory worker, business executive, or any other traditionally male job. Typical victims of harassment are young, single, college-educated, members of a minority racial or ethnic group (if male), in a trainee position (or office/ clerical positions if male), or have an immediate supervisor of the opposite sex. (Cq researcher 542) Presently, it is hard for courts and others to decide when sexual harassment has taken place because the definition of sexual harassment is much too broad. Clearing up the legal definition of sexual harassment would discourage and punish harassers and bring comfort to the victims. Here are some points to remember in deciding when sexual harassment takes place: Sexual harassment is one-sided and unwelcome.
* It is about power and not attraction.* It happens over and over again.* It gets worse.* Subtle sexual behavior is sometimes socially acceptable, but some would consider it offensive and want it stopped.
* Moderate sexual behavior is not socially acceptable, reasonable people would want it stopped.* Severe sexual behavior is never acceptable. (Swisher 28) Sexual harassment is a major problem in public schools, colleges, and universities. Surveys on college campuses show the number of respondents reporting to have been sexually harassed ranging from 40-70 percent.
Only two percent of campus harassmentcases involve a professor demanding sex in return for a good grade. Most cases involve male and female students. In public schools current sexual harassment definitions are inappropriate, since bad sexual behavior of today’s children isn’t sexual harassment, but it is a reflection of the vulgar, violent, and the sexually explicit nature of our media and culture.
When little six-year-old children get suspended from school for kissing girls on the cheek, it is not an example of sexual harassment but of political correctness gone wild.Sexual harassment is still a big problem in schools and every school district in Washington now has an antiharassment policy. “Junior high or middle school has the biggest problem with sexual harassment mainly because of their immaturity and out-of-controlhormones”.
Says Viki Simmons of the YWCA. “Many times in high school, students don’t think anything about it when harassment happens, but schools are now cracking down on it”. (Simmons interview) In the business world employers are now on notice that sexual harassment will no longer be tolerated in the workplace. Claims brought against alleged harassers include wrongful termination, invasion of privacy, violation of due process and free speech rights,defamation, and intentional infliction of emotional distress. Sexual harassment usually happens to women in low-paying jobs, or women that have to have a job in order to support themselves and children.
If sexual harassment happens at work, write down a detailed description of what took place, so that it is well recorded and you don’t have to think back to the incident. You should keep a note pad handy for this purpose, or write it on a napkin to help you remember. You should write:* When it happened * Where it happened* What time it happened* What actually took place and what the offender said* How you felt* The names of any witnesses Another way to do this is to write a letter to the harasser. Be sure to keep a copy. Tell the person clearly in the letter that his behavior toward you is unwanted.
Tell the person that he will be reported if the behavior doesn’t stop (Kolbert). According to theresearch group Catalyst, recent studies have found that 40 percent to 60 percent of woman say they have been harassed sometime in their career. Employers have a duty to investigate allegations of sexual harassment, and their employees have a legitimate interest in knowing what activities could result in their termination. Ever clearer definitions of sexual harassment are being implemented by more and more corporations around the country.
As this happens, an increasing number of companies are searching for new ways of protecting themselves against allegations, adopting their own anti- harassment policies to combat this growing problem. CEO’s should do a variety of things to stop sexual harassment in the work place. The most important thing is senior management makes it clear to workers that harassment in any form won’t be tolerated. If top managers don’ take the issues seriously, employees won’teither. Managers must also understand they are responsible for their employees. Companies need an explicit written policy on sexual harassment that is widely available in the workplace.
Most consultants advise companies to do more than just post the policy on bulletin boards. They should distribute it company wide, repeatedly. Copies should be included in new employee orientation packets. Employees should have clear definitions of what sexual harassment is and isn’t. Many companies are now offering employee training sessions on sexual harassment, and many say that follow up training is a good idea. Training programs should include all employees, rather than just managers.
The tone should be gender neutral and avoid heavydiscussions on male harassment that might cause some resentment among the male employees. Many times programs aren’t effective because they spend a lot of time just attacking men and not the crime. Companies need a good system to deal with complaints.
A clear process for handling complaints shows that a company takes them seriously. Until 1991 it was harder for woman to make allegations of sexual harassment, since woman felt like there was nothing that they could do about it. But the highly publicized hearings of Clarence Thomas and Anita Hill in 1991 changed everything. During the fall of 1991, the subject of sexual harassment grabbed news headlines. Everyone began discussing this issue and emotions ran high. Judge Clarence Thomas was nominated to be a Supreme Court Justice, which is America’s highest court, and Supreme Court Justices have their jobs for life. They cannot be fired.
Before a person can be made a Justice, he or she must be questioned and approved byCongress. Judge Thomas was ounce the head of a U.S. agency called the EEOC. The EEOC makes sure everyone is treated fairly when applying for a job.
It also enforces laws against sexual harassment. Anita Hill is a law professor who worked with Judge Thomas at the EEOC manyyears ago. A few weeks into the Congressional Questioning she came forward and accused Thomas of sexual harassment. She claimed that he used to constantly ask her for dates and spoke to her about pornographic films he had seen. Anita Hill said that she was deeplyoffended by these remarks but felt that she could not complain.
Clarence Thomas was her boss, and she thought that her career could be in trouble if she made a fuss. Anita Hill was a very believable witness. But Judge Thomas denied her charges in the strongest possible terms. Who was telling the truth? The country was divided. But the issue was beingdiscussed everywhere. Women from all across the nation told of their experiences with sexual harassment.
And many men admitted being insensitive to this issue. Finally, the senate voted to approve Judge Thomas. But the vote was close. Many senators had doubts about Thomas’s character. Others did not the, Thomas’s career should be destroyed because of one person’s story. They said there was not enough evidence to prove there was wrongdoing.
In the end, everyone agreed that sexual harassment is a serious problem everyone must become more sensitive to. (Kolbert pg 3) It’s important to know that men have trouble too. Women are not the only victims of sexual harassment. More and more men are being harassed in the workplace, classrooms, and locker rooms. Whoever is in the position of power tends to be the harasser.
Men can be victims of both woman and other men Sexual harassment is very wide spread, but there are ways of avoiding it, such as: Keeping everything strictly on a business level.If working in the same room as the harasser, create a barrier between the two work stations with a desk or file cabinet, etc. Do not ask for personal favors or special treatment from the harasser so that hewon’t feel he is owed anything. Do not talk about anything personal.