Sexual Harassment
...is, the presence of employer liability for sexual harassment continues to emerge over the workplace. Failure of the company to adopt a pro-active and aggressive stance on this issue, however, can result not only in costly lawsuits, but also a loss of employee morale, decline in productivity, and an erosion of a company’s public image. In my opinion, for the companies to act wisely about the situation they need to understand the whole issue of sexual harassment. They need to consider the disturbing statistics behind an often hidden problem, the legal grounds available to victims, the current trends in the law, and the ways that companies can protect themselves. While the cost to victims is high, the cost to American business cannot be over estimated. In the federal government’s first sexual harassment survey, it discovered that the government itself had lost $189 million between 1978 and 1980 form the effects of sexual harassment. Even the most comprehensive sexual harassment policies and procedures are bound to fail if a company does not enforce them quickly, consistently, and aggressively. To be effective, companies must take sexual harassment very seriously. They need to make certain that personnel responsible for enforcement conduct prompt, thorough, and documented investigations of all complaints, even those that appear trivial. Employers should also keep tabs on their supervisors. This can probably be accomplished by holding monthly meetings with higher management, unscheduled spot checks, or periodic sexual harassment training sessions. Depending on the kind of management style a company has, some may find it useful to survey subordinates about sexual harassment issues as a way to gauge attitudes about the problem. Finally, companies may want to screen annual data on hiring, firing, promotions, and compensations packages for any pattern of gender discrimination the may also be occurring. Once a company has received notice of sexual harassment, its liability may be reduced or eliminated depending on how promptly and effectively it responds. By being promptly, I mean under no circumstance should a company delay an investigation of sexual harassment more than a few days. Notably sexual misconduct needs to be taken care of right away. Whatever the situation may be, a company should take action that is reasonably calculated to end the harassment. Such action should be directed toward the harasser, and may include verbal warnings, written warnings, job transfers, suspension of employment, and termination if necessary. In dealing with the problems, companies must avoid any measures that penalize the individual who has lodged a sexual harassment compliant. A company should also be careful not to allow too much time to go by before achieving a satisfactory resolution of the harassment. Once matters have been brought under control, a company should continue to monitor the situation to ensure fulfillment. Towards the end of all this, follow up interviews with all parties and witnesses are highly recommended. Sexual harassment in the workplace presents an ongoing and growing risk to businesses operating in the United States. Today, the time is right for businesses to begin to manage their risk in this area more wisely. Preventing sexual harassment in the workplace requires a considerable investment of time and personnel. In the end, however, these costs will be offset by significant savings in legal fees and health care costs. Companies will also benefit from increased worker productivity. From a business’s perspective, a company only stands to gain if it takes a no nonsense, hard line position on sexual harassment. Not only is it the right thing to do, it is the smart thing to do. Sexual harassment affects victims in many ways, often not noticeable to others. Some of the common effects are that victims feel powerless to stop the situation. They often fear retaliation, for example with grades or recommendations. They fear that their complaints will not be taken seriously, or that they will be perceived as causing trouble. Victims often blame themselves and fear that others will also blame them, even though it is the harassing person’s authority that has been misused. Victims also often have physical symptoms of stress, such as stomach problems or headaches. They can also become depressed, moody, or irritable without knowing why. Victims often suffer lower self esteem, self respect, and self confidence. They are often confused about what is happening or what could be done about it. There have been a lot of problems in the world with sexual harassment upon women. Women were sexually harassed long before there was a word for it. Under slavery, African American women were sexually used by their white masters. Since industrialization, women working in factories and office have had to endure sexual comments and demands by bosses and coworkers as the price for economic survival. As students, women and girls have been sexual prey to teachers for as long as they have been allowed to be educated. On the streets and in the home, sexual pressure that women are not in a position to refuse has been invisible but very persistent. Once it had become possible to hold perpetrators publicly accountable for sexual harassment, it became possible to learn more about it. Studies found that most victims of sexual harassment are women, although some are men, and most perpetrators are men in some position of power over women they harass. Approximately 85 percent of working women have been or will be sexually harassed at some point in their working lives and most never report the abuse. About one third of women students are victimized. Almost no difference in incidence of sexual harassment has been identified on the basis of race, class, age, marital status, or income. Unwanted sexual incursions include threats, extortion, and rape, as well as obscene gestures, groping and fondling, and pressure for dates. Many of the perpetrators have had no idea that they were doing anything wrong. I came across some interesting stories about sexual harassment when I was researching. One example was when the Fox new associate producer Andrea Makins accused commentator Bill O’ Reilly of making vulgar and threatening remarks. By bringing this to everyone’s attention, she reignited an issue that continues to plague men and women alike: sexual harassment on the job. Mackris, who is 33 and an employee at “The O’Reilly Factor,” alleged in a lawsuit that during several telephone conversations in August, O’Reilly described his sexual fantasies and suggested she buy a sex toy. She claimed that the harassment began in 2002 when she worked on his show and it resumed after she returned to Fox. Mackris also came back to Fox because O’Reilly promised her a ten thousand dollar raise and verbally agreed to stop the lewd remarks. In a lawsuit filed hours before Mackris’ complaint, O’Reilly, 55, claimed that Mackris and her lawyer tried to extract sixty million dollars in hush money from him. “What gets even better,” he said, “she had never mentioned being harassed before. (Kurtz ) The two of them agreed to settle the lawsuit the week of October 26, with all details remaining confidential. Another interesting but disturbing story I found on sexual harassment is about a woman who sued Tom Sizemore for sexual harassment. A woman has filed a lawsuit accusing Tom Sizemore of sexual harassment while he starred in the now canceled CBS show “Robbery Homicide Division.” Loretta Day Miller claims Sizemore repeatedly made lewd statements, groped her, and exposed himself. She had also alleged that she was wrongly fired after she complained. Sizemore, 42, who has appeared in such films as “Black Hawk Down” and “Saving Private Ryan,” was sentenced to six months in jail on misdemeanor charges of physically abusing Hollywood Madam Heidi Fleiss during their two year relationship. His parole was revoked in September after he failed to complete a drug test. (Associated Press) I cannot believe how easily the court system lets off Hollywood stars...