Sexual Harrasment
...ies needed to implement policies in order to keep them from being liable. Sexual harassment presents an ongoing and growing risk to businesses operating in the U.S. The time is now for businesses to begin to manage their risk in the area more wisely. Preventing sexual harassment requires an investment of time and personnel. Companies will benefit from increased worker productivity. “From a business perspective, a company only stands to gain if it takes a no-nonsense, hard-line position on sexual harassment” (Roberts, 1). As far as the victim, they need to keep their eyes and ears open and file a claim. Without these pioneer women, there would be no sexual harassment policies. Women will follow by example. Sexual harassment is slightly getting better, but more companies have to start getting involved with this issue. Title VII of the Civil Rights Act of 1964 made sexual discrimination in the workplace illegal; however, sexual harassment was not defined until the 1980’s when the EEOC formulated guidelines to define sexual harassment. According to the EEOC guidelines, behavior that is considered sexual harassment exists when one of the three elements are present: Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature. Employers have a duty to maintain a working environment free of harassment. Employers are liable for harassment by supervisors regardless of whether the employer knew or should have known of the harassment. Employers are responsible for acts of harassment by co-workers where the employer or supervisor knew or should have known of the conduct and failed to take immediate and corrective action feasible to the offense. The quid pro quo and hostile work environment are the two distinct forms of sexual harassment recognized by the EEOC and the courts. The most common form of sexual harassment is the quid pro quo. The essence of a quid pro quo claim is that an employer who has the authority to alter employment opportunities propositions a subordinate for sexual favors in order to keep their job or receive a promotion. The conduct must be sexually oriented and unwanted. The sexual demand must be interpreted as a proposition for sexual favors in return or exchange for tangible job benefits. Quid pro quo is a Latin phrase meaning one thing in return for another. In hostile environment harassment, the offender does not demand a sexual exchange. Instead, a pattern of behavior makes the victim’s job so unpleasant that the person’s work is affected. The harassment may consist of asking sexual favors, making sexual comments, telling sexual jokes, or displaying pornographic pictures. The hostile environment must be sufficiently pervasive to alter the conditions of the victim’s employment and create an abusive working environment. The victim need not be subjected to harassment for any extended period of time; one act of severe conduct may be sufficient to prove a hostile work environment. However, that act has to be quite severe in nature. The more severe the conduct, the less pervasive the conduct needs to be to create a hostile working environment. One rape would be enough; one dinner invitation would not. Trivial unwelcome sexual conduct, such as asking for a date is not actionable unless it is pervasive. Unwelcomed intentional touching of intimate body areas is sufficiently offensive to alter the conditions at work. Sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not be established as a hostile environment. The victim has to show an intangible loss such as emotional stress in order to maintain a lawsuit under the hostile work environment. The EEOC has recognized two different types of hostile environments in the work place. The first type is when the conduct is intimidating or offensive. The second one is when the conduct interferes with work performance. The employer’s liability for claims of sexual harassment depends upon who committed the act and whether any type of remedial action was taken. It is very important that an employer takes immediate action upon a complaint of sexual harassment. The longer the employer waits the harder it is to resolve the matter in house or in court. There are ways that employers can help eradicate sexual harassment in the work environment. They not only need to find solutions but, have an obligation to take preventive measures. The steps that managers can take are by developing and communicating a sexual harassment policy that should prohibit the two types of harassment defined already. Also, implement a fair complaint procedure to investigate the charges. The charges should be promptly investigated by a third party to ensure that both the harasser and the victim are treated fairly. Next, the employer needs to take immediate action on the harasser if found liable or guilty of the charges against him or her. The disciplinary action of course would depend on the severity of the case whether it involves a discharge or a lawsuit. One of the most important preventive measures that will help alleviate some of the confusion about sexual harassment is educating the employees through training. This would help educate employees about sexual harassment and eliminate some future occurrences. Tools that employers can use are videos and seminars that show what constitutes sexual harassment through role playing and actual instances. Sexual harassment claims should be taken very seriously. Every step should be taken to help alleviate this nuisance in the working environment. The managers have the obligation to nip this problem in the bud and take every preventive measure to help eradicate sexual harassment from happening in their workplace. Supervisors and employers need to stay vigilant and dedicated to ensure a harassment free working environment. The repercussions of sexual harassment claims can be devastating to a company’s reputation and checkbook. The highest-ranking female officer in the U.S. Army has filed a sexual harassment complaint. She was the first and only female three-star general in the Army. This complaint was filed against a fellow general who outranks her. She filed her complaint right before the accused was to receive a promotion. What? The incident happened in 1996 when she had an office at the Pentagon, and she is just now filing the complaint as of March 2000. This just happened to be the month the accused is supposed to receive a promotion (Thompson 36). The Army must receive media embarrassment, because she doesn’t want him to receive a promotion. These allegations should be immediately thrown out. I do not believe a Sergeant Major is going to risk his career by sexually harassing the most highly decorated female in the U.S. Army. This incident has humiliated the Army. Not only do businesses get hurt publicly they are hurt financially. The Ford Motor Company has settled the fourth-largest amount ever paid out in a sexual harassment. They paid a whopping 7.5 million dollars. The largest sum ever paid was thirty-four million dollars by Mitsubishi Motor Manufacturing of America (Peterson 39). This money was paid to the victims. No doubt, if the allegations are true they should receive some compensation plus lawyer and court fees. How much compensation does one need? The therapist is not going to require you pay them millions of dollars. What is the money going to? Out of the mainstream economy and into private hands. This cuts some money out of the continual flow of capital. With all sexual harassment laws designed to help the victim, the employers are subject to financial blows dealt out by the victims. Businesses have no protection from the onslaught of court rulings. The recent rulings of Faragher vs. Boca Raton and Burlington Industries Inc. vs. Ellerth have determined that employers are liable for sexual harassment that they were not aware was taking place (Greenlaw 123). Mentor Savings Bank, FSB vs. Vinson determined that victims that were affected by someone else’s harassment, holds the company also liable (Leahy 47). This expansion has forced the companies to try and combat these problems with policies against sexual harassment. Ford Motor Company has impressed the “zero-tolerance” policy on their employees. They have established a toll-free number so employees can report problems. Ford also makes sure that senior executives remind the employees of the company’s policies on sexual harassment (Felsenthal 2). These remedies fall short from shielding companies from the sword-wielding lawsuits of the victims and their greedy lawyers. Since the early beginnings of the women’s movement in the 1950’s, organizations such as the National Organization for Women (NOW) don’t make it much easier for businesses and employers (Friedan 15). The NOW is an organization that focuses on the rights of women in society. They have seen to many pushes in the right direction for women. There is no denying that fact. They made the first push to pressure Detroit Edison, a utility company in Michigan, clean up its act. Detroit Edison is facing its fifth class-action lawsuit since the early 1970’s. The NOW has made threats to destroy Detroit Edison. Patric...