Sexual Harassment

The act of sexual harassment is one, out of many, of the sub-structures which form employment discrimination. The effects of this crippling reality can be ravaging to an organization, to the individual harassed, fellow employees, and the alleged harasser. The actions of sexual intercourse aren't necessarily the basis of sexual harassment; however, the action of POWER is. The power to subdue, either physical or behavioral, making that person feel uncomfortable, can be critiqued as sexual harassment.

The term "sexual harassment" was first devised in the United States, in the Netherlands it's known as "unwanted intimacy," in Italy it's called "sexual molestation," and in France it's construed as "sexual blackmail" (Rubenstein, pg. 7). The United States' Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcoming sexual advances (requests for sexual favors and other verbal or physical conduct of a sexual nature) when: (1) submission to such a conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment (29CFR1604.11).

Sexual harassment can occur between the individuals of the opposite sexes; as well as, the same sexes, whether they have equal power (such as between co-workers) or unequal power (such as between employer, supervisor, manager, and employee).

There are two forms of sexual harassment: quid pro quo and hostile environment. Quid pro quo (translated from Latin as "this for that") occurs when an employer, supervisor, manager, or even co-worker, demands sexual favors of an employee in exchange for employment benefits. Benefits such as hiring, promotion, job training, and job retention; however, if demands are not to be met, then a hostile change in working conditions might be enforced. The hostile environment creates an abusive work environment; in which, the employee is subjected to sever or insidious verbal, visual, or physical conduct of sexual nature.

The examples of written and verbal conducts are: "that of sexual innuendos; comments about clothing, personal behavior, or a person's body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; spreading rumors about a person's personal or sexual life; and threatening a person" (ERA). Nonverbal conduct of sexual nature can be exemplified as: "looking up and down a person's body, derogatory gestures or facial expressions of a sexual nature, and following a person" (ERA). "Impending or blocking movement, inappropriate touching of a person or person's clothing, kissing, hugging, patting, stroking, and assault" (ERA) are signs of physical conduct. Visual mannerisms are exhibited by: "displaying posters, drawings, pictures, screensavers, e-mails, and other materials of sexual nature" (ERA). The hostile environment harassment does not result in firing, demoting or not promoting, but by the employee's working environment be changed to that of cruel surroundings, that of emotional and psychological.

This assessment of sexual harassment was first introduced in the Title VII of the Civil Rights Act of 1964. This act prohibited all forms of employment discrimination based upon an individual's race, creed, color, national origin, and sex. Therefore, it is unlawful to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin" (42 U.S.C. Section 2000e-2 (a)(1)). Prior to Title VII, an employer could hire and fire an employee for any given reason.

In the beginning, the term "sex" was not included as a protected category under Title VII of the Civil Rights Act (CRA). In fact, it was omitted in other sections (titles) of the CRA. When Title VII was being debated on the floor of Congress, "sex" was introduced in an attempt to have the bill defeated. Despite this strategy, the CRA passed undoubtedly prohibiting sexual discrimination under the law. Though Title VII applies to everyone, its ratification was especially significant to women and minorities, who had limited resource in harassment based discriminations in the workplace.

In the late 1970's, the United States courts began holding that sexual harassment was prohibited under the Civil Rights Act. Within that decade the legal case, Chrapliwy vs. Uniroyal, best shows justification of Title VII. Uniroyal Incorporated, the defendants, were accused of allegedly maintaining a segregated hiring and seniority system at their Mishawaka, Indiana plant, where women were heavily employed in the footwear production division, while other divisions, predominantly, employed male employees. Alta Chrapliwy, a female employee, and other female workers filed charges against the company in a class action suit that, eventually, resulted in their favor after years of litigation (Omilian pg.21).

The regulations of Title VII apply to private and public employers supervising fifteen or more employees. Every company or organization must have their own policies and regulations preventing and dealing with sexual harassment.