Sexual Harassment in the Workplace

p class=”MsoNormal” align=”center” style=”text-align: center; line-height: 200%”> Sexual Harassment in the Workplace

 

Introduction

 

            It is recognized that for employees to become productive contributing members of the organization, there should be a comfortable working environment conducive to the efficient accomplishment of various tasks. A significant issue which may disrupt a comfortable working environment is sexual harassment. The commission of sexual harassment constitutes a punishable wrong so that it is important for employees to know their rights to be able to protect themselves and uphold their rights against this legal violation as well as for employers to know their statutory responsibilities in order to respect the rights of their employees and maintain a comfortable working environment.

Discussion

 

            Sexual harassment refers to a type of sex discrimination. The term is legally defined as the “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects the working conditions or creates a hostile work environment” ( 1999;  2006) This definition is based on Title VII of the Civil Rights Act 1964 on sexual discrimination and Title 29, Part 1604 of the Code of Federal Regulations 2002 on sexual harassment.

            Based on these definitions and clarifications and facts given in the case,  may not have committed sexual harassment. This is because not all the elements of sexual harassment were existent. Although the act was an unwelcome physical conduct, it may be classified as of a sexual nature, and it affects working conditions since  felt uncomfortable. However, the act is not pervasive since it was only done once and it may not be considered severe since the verbal remark that came with the pat on the buttocks was not sexual in nature or threatening.

            However, despite the insufficiency of the action to constitute sexual harassment as defined by law,  may confront  about the incident to inform him that this made her uncomfortable.  may also obtain the aid of a colleague or  to mediate the issue. In the case,  did not respond appropriately because he did not promptly address the issue.

            Organizations are accorded by Title VII of the Civil Rights Act 1964 with the responsibility to 1) practice reasonable care in preventing sexual harassment and 2) practice reasonable care in promptly correcting sexual harassment which has been committed. Although, there are no specific actions that organizations should comply with, the determination of reasonable care depends upon the context of the organization. (1999)

            Awareness of sexual harassment in the workplace and legal rights and obligations of employees and employers together with a system for handling sexual harassment complaints constitute the most significant deterrents for sexual harassment in the work environment.

Conclusion

            In preventing sexual harassment from being committed in the workplace, organizations should be aware of this concept and implement an effective grievance system consistent with law.   

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