Sexual Harassment   Term Paper ID:27140 Click to get this paper

Essay Subject: Examines the changes in workplace policies & attitudes toward sexual harassment following the Clarence Thomas/Anita Hill controversy.... More...

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Paper Abstract: Examines the changes in workplace policies & attitudes toward sexual harassment following the Clarence Thomas/Anita Hill controversy. Paper Introduction: Sexual harassment has become a major topic of discussion and concern recently not because it is a new problem, which it is not, but because of the notoriety given the subject by the Senate confirmation hearings for Justice Clarence Thomas and the allegations of Anita Hill raised at those hearings. This event made the nation more aware of the problem and initiated a debate on the subject that continues today. Many businesses have instituted policies regarding sexual harassment in the workplace and what to do about it both before it occurs and after, but many other companies have avoided taking the necessary steps and have either pretended that the problem does not exist or have simply failed to address it. Most business analysts today find that this is not the best approach; that some policy should be developed, implemented, and communicated in the organization both to prevent Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Many businesseshave instituted policies regarding sexual harassment in the workplace andwhat to do about it both before it occurs and after, but many othercompanies have avoided taking the necessary steps and have either pretendedthat the problem does not exist or have simply failed to address it. Solomon sees much of this reactionas confusion and blames it on many years of neglect of the issue, but shealso notes that many companies have started addressing the issue. First, the employer shoulddiagnose the current policy, practices, and procedures regarding sexualharassment and identify current trouble spots that could lead to makingincorrect decisions. In truth, this is not certain at all, andthe argument that has proceeded since shows that there is no certainty thatthe business community has been sufficiently sensitized to the nature andscope of the problem so that it will be controlled in the future. Lengnick-Hall (1992) emphasizes that sexual harassment claims differfrom other types of routine complaints for several reasons. Training videotapes provide examples ofincidents that constitute sexual harassment, and in discussions after thesetapes the trainer should raise questions concerning what the victim shouldhave done and how the victim might learn to control the situation better(pp. Women filed 9 percent ofthese claims and men filed 1 percent (pp. The policies are reviewed each year to see if they are effectiveor if they should be modified. The program wasfocused primarily on managerial and supervisory compliance with governmentregulations. 1 6). Mostbusiness analysts today find that this is not the best approach; that somepolicy should be developed, implemented, and communicated in theorganization both to prevent the problem from developing and to show acommitment to dealing with it if it does. The company concluded that it needed a different approach tobe more effective and added elements to a larger program for worker safety,including a rape prevention strategy that brought together groups of womenin a highly confidential and safe environment. Employees are thenmuch more likely to respond positively to counseling. A sexual harassment prevention program wasestablished in 1987 under the heading "A Matter of Respect." A male andfemale facilitator for each group try to create an atmosphere in whichpeople can exchange ideas on a deep level (Solomon: pp. This event made the nation more aware of the problem andinitiated a debate on the subject that continues today. Among the policy problems are inconsistent statements or undefined orambiguous terms. 23-25). Onevital element in the system has to be that the sexual harassment complaintcan be filed without going through an immediate supervisor or manager, whomay be the target of the complaint. Inconsistencies can lead to confusion among managers,supervisors, and employees and can open the organization to legal scrutiny. The first courts to define the scope of Title VII protectionin the seventies were reluctant to include redress for sexual harassment,but in recent years there has been a stronger attempt to eliminate sexuallydivisive work environments so that lower federal courts have recognized itas a form of sex discrimination. Lee notes that sexual harassment training such as has beeninstituted in many companies for the first time is not something new, andfor many years many employers have provided supervisors and managers withtraining covering the law, disciplinary procedures, and workplacediversity, the latter in more recent times. Undefined or ambiguous terms cansimilarly create confusion and uncertainty when the policy should be clearand easy to understand (p. 1 2-1 7.Klein, Joe, "Tabloid Government," New York Magazine (October 28, 1991), pp. Thacker agrees that thepolicy should be clear and should include a number of specific procedures.Thacker also notes, though, that many companies will not investigate asexual harassment charge until the employee files an internal complaintwith a designated person, and this approach is often ineffective because itplaces the burden on the victims to activate and enact their companies'harassment policies. 1 2). Rather, they should focus on the inappropriateness of employeebehavior without attempting to put a legal label on it. The company has over 65, employees andyet has had only a handful of sexual harassment complaints annually. 69-7 ). 52-53). Thecompany has instituted formal procedures for coping with the issue, andindividuals in each department are designated to help employees facing theproblem. U.S.West is cited for its long-standing strong, clearly stated policyprohibiting sexual harassment. Solomon (1991) notes that the hearings started a passionate debateacross the country and even around the world: "They served to show just howdifferently men and women experience certain key events" (p. Some aresimple statements defining sexual harassment and prohibiting such behavior. Sex harassment as a form of discrimination is not simply a problemfor women, and this has been emphasized by several writers on the subject.Slonaker and Wendt (1991) state that the first step toward eliminatingdiscrimination is to overcome the myths that discrimination happens only toother people and that it is only a problem for women and minorities or thatit occurs only with low-level jobs. Preventive training is seen as a good opportunity tostop the problem before it develops and to assure that the problem will beexposed if it does develop. Lengnick-Hall provides aframework for analyzing the procedures. 77-79.Plavner, Jodi Trager, "Employment Law Lingo," HR Magazine (May 1992), p. Lee (1992) also notes the importance of the Thomas hearings inbringing this issue up in many businesses, as well as with the public andthe press. 51-53.----------------------- 1 32-37.Thacker, Rebecca A., "Preventing Sexual Harassment in the Workplace," Training and Development (February 1992), pp. Organizations need to develop procedures that will maximizethe probability of making correct decisions. 48). The first is aquid pro quo form that occurs when a supervisor conditions the granting ofsome economic benefit on a subordinate's providing sexual favors orpunishes the subordinate who does not provide such favors. Sexual harassment was analyzed in anOhio study that found that while harassment was involved in slightly morethan five percent of the 2, claims studied, it was involved in nearlyone-fourth of the 378 sex-discrimination claims. The supervisorshould emphasize that he or she is interested primarily in the adverseeffect on the workplace and is not trying to place a bad motive on theactions of the subordinate. 34-35). 69-7 .Solomon, Charlene Marmer, "Sexual Harassment After the Thomas Hearings," Personnel Journal (December 1991), pp. Responding to inappropriate sexually orientedconduct in the workplace, says Segal, should be part of the employer'sgeneral system of progressive discipline, and as an employee's conductbecomes more severe, so does the response of the employer. 31). There are two forms that sexual harassment can take. What it does dois increase the likelihood that employees will sue by making theirdiscrimination cases easier to win and by making the damages they can winmore substantial. Maine passed a law in October 1991, for example,that requires all employers to post notices on how to file a claim with thestate and to provide training. Du Pont evaluated its existingprogram regarding sexual harassment in the mid-198 s. Lee finds that formal policeson the issue of sexual harassment come in different varieties. Thacker (1992) offers suggestions on how to prevent sexual harassmentin the workplace, noting that there is an economic gain for the employerbecause sexual harassment can lead to increases in turnover, absenteeism,and lost productivity as well as legal problems. Second, it involves an extremely sensitiveissue that can affect the lives and reputations of many people. 32). He also places most of the onus for coping with the situation onsupervisors, noting that they are much more likely to bring aboutbehavioral changes if they do not automatically classify conduct as sexualharassment. Employersare subject to strict liability when confronted with a claim of quid proquo sexual harassment, but the courts have been divided on whether anemployer is liable for an offensive environment claim or whether a showingof action or constructive notice is a prerequisite to employer liability inan offensive liability case. Segal (1991) also emphasizes that harassment can happen to bothsexes. Sexual harassment can come under this heading. Du Pont and de Nemours and Co. Fourth, mishandling acomplaint can lead to damaging legal and financial consequences for theorganization. The Civil Rights Act of 1991 generally does not make anything newillegal but only lists things that were already illegal. 48.Segal, Jonathan A., "The Sexlessness of Harassment," HR Magazine (August 1991), pp. 79). The second is ahostile work environment that occurs when supervisors and/or co-workerscreate an atmosphere so filled with unwelcome sexually oriented conduct orotherwise hostile conduct that the reasonable comfort level or ability toperform on the part of the employee is impaired (Plavner, 1992: p. Men for their part were fearful that they mightbe falsely accused of sexual harassment. Wendt, "No Job Is Safe from Discrimination," HR Magazine (October 1991), pp. Third, itinvolves the need to judge the guilt or innocence of an employee, oftenwith only indirect or circumstantial evidence. Solomonfinds in several companies that what happened after the hearings was thatwomen were angry and men were fearful. The facilitators discoveredin these sessions that the issue of sexual harassment was a daily one forthese women, and it made the company more dedicated to creating arespectful work environment. The Senate hearings that brought this issue to the fore were amixture of manipulation and honesty, with great uncertainty on the part ofthe viewing public as to which was which. 28-31.Lee, Chris, "Sexual Harassment After the Headlines," Training (March 1992), pp. It can also contribute to ineffective investigations of complaints. REFERENCESGarvin, Stacey J., "Employer Liability for Sexual Harassment," HR Magazine (June 1991), pp. 71-73.Slonaker, William M., Ann C. Sexual harassment has become a major topic of discussion and concernrecently not because it is a new problem, which it is not, but because ofthe notoriety given the subject by the Senate confirmation hearings forJustice Clarence Thomas and the allegations of Anita Hill raised at thosehearings. The EEOC determined in 1986 that an offensiveenvironment claim requires that the employer must know or should have knownof the offensive actions before the employer can be held liable (p. It is aform of sex discrimination that violates federal, state, and most locallaws. The legal issues involved are important to employers and employeesalike. 23-31.Lengnick-Hall, Mark L., "Checking Out Sexual Harassment Claims," HR Magazine (March 1992), pp. Some state governments have passed legislation regardingsexual harassment issues. Essentially, though, the Thomashearings have caused employers to take a proactive stance to the problem,which means having a policy, establishing complaint procedures, andproviding training to all employees (pp. Other policies define at great length what practices are considered sexualharassment. Another company cited for its leadershiprole is E.I. Women were angry about the issue ofsexual harassment and the attitude of men that it was either not importantor did not really exist. First, theytypically involve accusations made by one employee against another claimingsexual misconduct at work. The Civil Rights Act of 1991 allows victimsof sexual harassment to recover punitive and compensatory damages up to aset dollar amount, and there is a fear that this will result in a massiveincrease in sexual harassment suits. To prove a violation of Title VII on thegrounds of sexual harassment, the employee must prove a number of elements:1) that the employee belongs to a protected group; 2) that the employee wassubject to unwelcome sexual harassment; 3) that the harassment complainedof was based on sex; and 4) that the employee's reaction to harassmentaffected tangible aspects of the employee's compensation, terms,conditions, or privileges of employment (Garvin, 1991: p. Second, the employer should compare the currentpolicies, practices, and procedures to an "ideal" program and determine ifthere are any additions that would help improve the current program.Lengnick-Hall says that the three major problem areas of sexual harassmentprevention programs are the policy statement, the supervisory trainingprogram, and the decision-making procedures, and weaknesses in any or allof these areas can lead to ineffective complaint investigations andinappropriate actions. Joe Klein (1991) noted one effectof the hearings, however unintended: "Obviously, the office watercoolerwill never be the same--legions of men who thought their come-ons were coolor clever, or welcome, will think twice before they pat their next tush orcrack their next joke" (p. Employers are concerned about their liability in cases of sexualharassment. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

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