Sexual Harassment in the workplace
...hat can and should be regulated rather than that which happens to a few people who must find a way to handle it on their own.” (Couch, Pg 52) Conceptualizations of sexual harassment of greatest value for those concerned with its occurrence in the workplace are those which have largely been influenced by and developed on the basis of US law. While there are other conceptual frameworks that have been used to explain the occurrence of this problem, including those based on a feminist, functional, and/or discursive perspective, it appears that the US Equal Employment Opportunity Commission’s (EEOC) explanation of sexual harassment provides employers with the clearest guidelines for more effectively preventing and responding to this problem. Sexual harassment in employment was prohibited by Title VII of the Civil Rights Act of 1964 and the EEOC was charged with investigating and mediating discrimination cases falling under Title VII. On the basis of the specifications of Title VII, EEOC has established an overall explanation as to behaviors within the workplace constitute sexual harassment. As specified by EEOC, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. As further delineated by EEOC, the occurrence of sexual harassment can emerge and transpire in diverse circumstances including but not limited to the following: Sexual Harassment in the workplace, Pg. 4 The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. When EEOC receives sexual harassment complaint, proceedings are initiated for a full investigation of the complaint. The circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred are examined closely. Using the facts discovered during the investigation, EEOC makes a determination on the allegations, with decisions varying on the nature of the individual case. “In the US, employers can no longer ignore the realities associated with sexual harassment. Even if Title VII did not legally prohibit sexual harassment, the costs associated with this problem are immense, including lost productivity, increased absenteeism, and increased use of medical benefits as well as employee assistance programs.” (Blewett, pg 18) Estimates have suggested that the typical Fortune 500 Company ends up spending approximately $6.7 million per year, or $282.54 per employee. While these estimates clearly provide employers with an impetus to prevent sexual harassment within the workplace, they may also find themselves even more motivated to develop effective Sexual Harassment in the workplace, Pg. 5 strategies in relation to the prevention of this problem as recent decisions by courts have increasingly favored the plaintiff. The most recent significant legal development associated with sexual harassment impacting employees to act to prevent sexual harassment has not been the result of judicial decisions, but was brought about by legislative enactment. The US Congress in 1991 amended Title VII by passing the Civil Rights Act of 1991, including the availability of increased remedies to plaintiffs. “While plaintiffs under Title VII were limited to back pay, reinstatement and injunctive relief, with the passage of the 1991 Act, sexual harassment plaintiffs may not recover compensatory and punitive damage, with a $300,000 per plaintiff cap on these damages.” (Bigham, pg 12) Consequently, the changes brought about by the passage of this legislation have led employers to give further consideration of their potential liabili...