Sexual Harassment

Sexual Harassment in the Workplace

October 17, 2005

Each year many people first become aware of sexual harassment when they are harassed in the workplace. Today in the United States there still seems to be a need for general information about sexual harassment. Many people are unaware of exactly what sexual harassment is, how it affects its victims, where it happens, and what to do if it happens to them. There are many laws that protect people from sexual harassment and provide them with information about what to do if you should ever be in this situation (Wyatt, 2000).

Harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences is considered sexual harassment. In American employment law, it is any unwelcome sexual advance on the job that creates intimidation in the workplace. Sexual harassment is considered a form of illegal discrimination. Unfortunately, the definition of sexual harassment is very controversial; it is truly based on what ones personal opinion is. Typical sexual harassment behavior usually includes unwanted touching of a co-worker, lewd comments, talk about gender superiority, or sexual jokes (Sandler, 1997).

Sexual harassment is any sexual advance or conduct on the job that is unwanted. It can happen to men and women, gay or straight. Unsolicited sexual advances, requests for sexual favors, or other conduct of a sexual nature directed toward an individual are considered to be sexual harassment. Occasional comments like "Hey, baby" or "honey" will not likely be considered sexual harassment without more offensive or more frequent episodes. However, if the offensive behavior is extremely severe, such as a sexual assault, a single incident could be enough to be considered sexual harassment (The U.S. Equal Employment Opportunity Commission, 2005).

Sexual harassment affects victims in many ways, often not noticeable to others. 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 or influence that has been misused. Victims 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. Victims are often confused about what is happening or what could be done about it (Wyatt, 2000).

Sexual harassment relies on a victim's uncertainty about how to describe and label their experience. A victim knows when they have been raped, but sexual harassment encompasses a range of behaviors. People who have been harassed differ dramatically in their ability and willingness to identify and acknowledge what has happened to them. Also, the people around the victim may have difficulty understanding and accepting that the harassment is occurring, and their reactions may increase the victim's confusion and isolation. Because of this, and the fear that harassment can incite, most victims never report what they have experienced. Often, they do not even talk about it to friends and family. Many of the victims keep it all inside, even though many laws protect them when sexual harassment occurs (Wyatt, 2000).

Workers are protected from sexual harassment by state and federal laws. At the federal level, Title VII of the Civil Rights Act forbids harassment. In addition, most states have their own fair employment practice laws that prohibit sexual harassment. Many state laws are stricter than the federal law. Under the new Civil Rights Act of 1991, victims of sexual harassment are entitled to damages for pain and suffering as well as to any lost pay. If the case is ruled harassment, the victim can also recover legal fees (Oregon State Bar, 1997).

An employer is legally responsible to a victimized employee for sexual harassment by a supervisor with authority over that employee in two instances. When the harassment leads to a tangible employment action by the employer, such as demotion, decreased compensation, significantly different work assignments, or termination, the employer's liability is absolute. When there has been no tangible employment action, the employer is liable unless he can prove that he has taken reasonable care to prevent and correct promptly any sexually harassing behavior. If the employer has widely distributed an effective policy and complaint procedure then he would not be liable. Also, if the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise then the employer in not liable (Sandler, 1997).

New rulings of the U.S. Supreme Court make it possible for employers to be liable for up to fifty thousand dollars in sexual harassment damages even if they are totally unaware of the behavior. Employers can be liable even if co-workers or customers are the harassers, rather than management or supervisors (The U.S. Equal Employment Opportunity Commission, 2005). Employers have to be extremely cautious when it comes to sexual harassment. Any type or sexual harassment can land an employer in the courtroom defending their business.

Sexual harassment