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Sexual Harassment in the Workplace

SEXUAL HARASSMENT IN WORK AND EDUCATIONAL ENVIRONMENTS: WHAT SHOULD EMPLOYERS DO?

This report explores society's problem in thoroughly understanding what constitutes sexual harassment. It includes the common legal definitions of sexual harassment. Some relevant civil cases will be examined to clarify increasing employer liability and monetary damages. Expert opinions are used to explain the social and psychological impacts of the problem. Although sexual harassment affects both men and women in education and work environments, this report will focus primarily on sexual harassment against women since it constitutes about 90 percent of reported cases. Same-sex harassment and harassment against men will not be explored. In addition, this report will concentrate primarily on the employer.

Magazine articles were reviewed to offer analysis. Several topical books were used to explore the psychological impact of harassment in the workplace. The Internet was used to find anecdotal information and to review some recent legal cases. Finally, a videotaped interview


During the 1990s several high-profile cases brought public attention to the legal and social issues surrounding sexual harassment. The highly publicized Clarence Thomas and Anita Hill testimony, during Thomas' Supreme Court Justice confirmation hearings in 1991, brought unprecedented attention to the subject of sexual harassment. Hill alleged Thomas had engaged in sexual misconduct while she worked for him in the 1980s. Although the U.S. Senate ultimately confirmed Clarence Thomas, the incident sparked a debate on the treatment of sexual harassment accusers (LaLonde, 87).

Like Title VII, Title IX prohibits sex discrimination, including sexual harassment, but in federally funded educational institutions. The federal agency responsible for enforcing Title IX is the Office of Civil Rights of the Department of Education. They have also issued guidelines nearly identical to those of the EEOC already outlined above.

Sexual harassment appears to also be widespread among teenagers in the school environment. A recent survey of more than 1500 students found 85 percent of girls had experienced some form of sexual harassment. Seventy-six percent reported being the target of sexual comments, jokes, gestures, or looks. Sixty-five percent reported being touched, grabbed, or pinched in a sexual manner. Forty-two percent were the subjects of sexual rumors. The Chronicle of Higher Education reported that 43 percent of all discrimination complaints on campuses in 1997 were sex and gender related.

Sexual harassment often has an adverse effect on the victim's performance at work or school. Both the quality and quantity of work can suffer. The employee often experiences symptoms of depression or anxiety and other disturbances that are associated with the stress of an investigation and scrutiny by their peers. In effect, they amount to significant indirect costs to employers. It is not uncommon for the student's or employee's morale, attendance, and ability to work with others to suffer a great deal.

4. Maintain an adequate paper trail.

1. Establish, publish and circulate policies that outline "zero tolerance" and make them part of a new employee checklist (they should also be reviewed by a consultant or legal advisor and redistributed periodically).



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Approximate Word count = 2262
Approximate Pages = 9 (250 words per page double spaced)


  

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