Eeoc and Sexual Harassment

EEOC AND SEXUAL HARASSMENT

MGMT339A: Cross Cultural Management

October 12, 2016

EEOC AND SEXUAL HARASSMENT

Sexual harassment is defined by the Employment Equal Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” (WomensLaw.Org). In the 18th and 19th centuries, women were more likely to be sexually assaulted due to minimal amount of rights they had. By the 1920’s “working women were advised to simply quit their jobs if they could not handle the inevitable sexual advances” (Cohen, 2016). Sexual harassment is still an issue in today’s society.

It wasn’t until the Title VII of the Civil Rights Act of 1964 that sexual harassment became illegal. The term “sexual harassment” wasn’t even established until 1975 by activists from Cornell University (Reed, 2013). The passage of Title VII in the Civil Rights Act outlawed finally made it illegal for sex discrimination. The problem, however, was that it failed to provide retribution for the crimes due to the courts not recognizing harassments as illegal at that time.

By the 1970’s, there were policies put into place to properly identify sexual harassment as sex discrimination. This was done by Elanor Holmes Norton, who was appointed Director of EEOC in 1977 by President Carter (Cabrera & Cavanaugh, 2013). In 1986, the Supreme Court “defined sexual harassment to include quid pro quo and hostile environment, focusing on unwelcomeness” (Cabrera & Cavanaugh, 2013). History was made in 1988 when the first Class Action Sexual Harassment Suit was filed: Lois E. Jensen v. Eveleth Taconite Co. (Cabrera & Cavanaugh, 2013). This case made national news and had a film based off of this event as well called “North Country”. When watching the movie, it shows that Jensen was watching the Anita Hill case on television and that’s why she felt she was able to step forward and speak out against Eveleth Taconite Company. Anita Hill was testifying about being sexually harassed by Supreme Court nominee Clarence Thomas.

After the ruling of this case, the Civil Rights Act of 1991 “provided the right for jury trials and for increased damages in sexual harassment suits” (Cabrera & Cavanaugh, 2013). Another major milestone in the history of Sexual Harassment and the EEOC happened in 1995 when Congress passed the Government Accountability Act. This act made “Congress’s own members subject to the same employment laws as the rest of the country” (Law Office of Mann & Elias).

The EEOC recognizes two types of sexual harassment. The first is “Quid Pro Quo” sexual harassment, the second is “Hostile Work Environment” sexual harassment. “Quid Pro Quo” translates into “this for that” (SHRM, 2015). Quid Pro Quo is when “expressed or implied demands for sexual favors is exchange for some form of benefit” (SHRM 2015). This type of harassment typically occurs by someone of higher authority or in a position of power, such as a supervisor or even the CEO. Women and men are both subject to Quid Pro Quo sexual harassment and a lot of them feel that they are unable to speak out or report the incidents.

“Hostile Work Environment” sexual harassment is the form of harassment that occurs when verbal comments or behavior is “so severe or pervasive” (SHRM, 2015) that it negatively impacts a person’s ability to do his/her job due to being uncomfortable or because of the “intimidating or demeaning environment” (SHRM, 2015). This type of harassment is harder to identify. The victim must speak up about the situation in order to stop the behavior. It is also hard to recognize by other employees if the behavior is done in private. Many people have been subjected to hostile work environment without even knowing it.

It may seem difficult to do, but there are ways that women and men can stop sexual harassment within the workplace. The first step in preventing any further sexual harassment or stopping sexual harassment altogether is to tell the harasser of the inappropriate behavior. The victim must clearly state what the behavior is and that the behavior is not wanted and needs to stop (WomensLaw.Org). Without taking that first step, if the victim went to go and report it, the harasser would be able to say they were unaware that it made the victim uncomfortable. The next step would be once the harasser has been told to stop the behavior, the victim must document the incident in complete detail, no matter how lude or uncomfortable it is. Once that is done, the victim must then report the incident to their employer on paper or in an email, which is their way of showing a footprint of the incident, as well as making it known of the harassment to the employer.

If notifying the immediate supervisor or the employer does not stop the unwanted behaviors, the next step is to “file a formal complaint either with your place of employment or your union if these options are available to you” (WomensLaw.Org). Otherwise, contact the human resources department at your employment. The victim should also file a complaint with the appropriate government agency and/or file a lawsuit if the harassment continues. Since “quid pro quo” harassment typically happens by a supervisor or someone of power within the company, the victim needs to contact the HR department of the employer.

The last step to end either type of sexual harassment would be to “file a charge with the Equal Employment Opportunity Commission or with the home state’s civil rights agency, human rights agency, or fair employment office” (WomensLaw.Org). A lawyer will be necessary at this step and it would be recommended to find a lawyer that specializes in employment discrimination or sexual harassment. Many different