Sexual Harassment as Ethical and a Legal Issue

Legal/Ethical Issues in Business
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Legal/Ethical Issues in Business
Introduction
The modern workplace comprises of individuals from many walks of life, ages, ethnicities, education levels, and more. The Human Resources department of most companies places high value on reducing unpleasant work conditions by fostering an atmosphere of belonging and unity among employees. Companies must be mindful of the potential legal consequences of their actions while dealing with the wide range of legal and ethical dilemmas they encounter. One of the most pressing moral and legal concerns for many companies is sexual harassment. Sadly, sexual harassment exists in the modern workplace, even though many companies recognize and attempt to avoid the adverse effects that assault brings to the business and the workplace.
Sexual harassment is a serious issue that should never be accepted or tolerated in the workplace due to the damage it can bring to both individuals and companies. When it comes to the well-being of their staff, businesses have to ensure that everyone involved is safe. Avoiding responsibility for employee safety might lead to serious ethical and legal problems. As a result, there is a theoretical need to explore how sexual harassment affects people and the ethical questions it raises. Additionally, we will be looking at the specific legal aspects that pertain to sexual harassment. Finally, to provide recommendations for enhancing an organization's ethical climate and decreasing its potential for legal responsibility.
Sexual Harassment as Ethical and a Legal Issue
Employers are responsible for acts of sexual harassment committed on the job if they knew or should have known that such acts were occurring unless it can be shown that prompt action was taken to remedy the problem (Seaquist, 2012). The responsibility to provide a sexual harassment-free work environment lies on the employers. Besides being the law, doing so is intelligent management since it prevents a problem that may otherwise spread across a company and lead to bad morale and productivity among workers, as well as possible legal action. Sexual harassment is a widespread problem, and anybody may be a victim. That is, both men and women may be victims of sexual harassment from the opposite gender, making sexual harassment a crime that does not discriminate based on gender (Hardies, 2019). However, data suggest that females are more likely to report sexual assault. Golshan (2017) argues that although women are more often the victims of sexual harassment, anybody may be a target.
As per Siuta & Bergman (2019), quid pro quo is a kind of sexual harassment in which sexual encounters are exchanged for personal gains in the office. For instance, a manager may make sexual advances in order to promote an employee or boost their salary. According to federal guidelines, a victim of sexual harassment must be a member of a legally protected group. In addition, the person must have experienced unsolicited sexual conduct, and it must be determined whether or not the harassment was sex-based and whether or not it was severe enough to have an impact on a term, condition, or privilege of employment. Keeping workers safe is one of the employer's primary responsibilities. According to Seaquist (2012), without the employer's performing his part, the business may be susceptible to a lawsuit resulting in legal penalties and reputational harm
There were several instances of sexual harassment at my previous workplace, some of which never made headlines because victims feared repercussions. A beautiful young lady had joined the staff, and the attention of the male workers was immediately drawn to her. This included the manager, too. He allegedly brought her into his office during one incident and made suggestive physical contact with her. He made sexually suggestive gestures and statements every time she came to his desk and threatened to withhold promotions and raises if she did not comply with his requests. When the claim came up again, no one took it seriously, and the manager in charge just dismissed it. However, additional information verified the claim, and management was compelled to take appropriate action against the supervisor. Sadly, the evidence was sufficient to lead to the supervisor's dismissal, and the team now has a role model to show them that such conduct is unacceptable.
Another example of a discriminatory and harassing work environment may be found in the court case Eveleth Taconite Co. v. Jenson. In this instance, four females from a mining firm worked in a male-dominated work atmosphere where they were perceived as sexual beings. In the workplace, women were exposed to sexually explicit visuals, including cartoons and graffiti (O'Brien, 1993). Jenson and other women in the workplace were subjected to a never-ending torrent of verbal and sexual harassment, intimidation, threats, and stalking from their male coworkers. The court determined that the workplace was hostile because the employees' conduct toward one another was unfriendly and unpleasant (O'Brien, 1993). This treatment may impact employees' ability to do their job.
Ethical Concerns
Sexual harassment raises serious moral questions in the workplace. In the first place, it raises concerns about the security of the workforce. An employer must provide a healthy and risk-free working environment for their employees. It is unacceptable for sexual harassment to be an issue in the workplace, and workers should feel safe and comfortable in their work environment. In order to get the best possible performance out of them, they need to be assured that they will be safe while at work. When someone is sexually harassed at work, it may have a serious impact on their well-being, motivation, and output. Hardies (2019) states that sexual harassment is a significant workplace stress source. Sexual harassment victims may experience anxiety and tension, and they may miss work or other obligations out of fear of more harassment. Additionally, it may be costly for employees to seek professional help from a therapist for stress or a physician for physical injuries sustained from sexual abuse.
Promising lower-ranking employees perks like a promotion or salary raise in return for sex is immoral and illegal in the workplace. Many seniors take advantage of these programs because they are more likely to get the victim to give in. Using such perks in a way that violates the law and compromises the safety of workers is particularly unethical. The use of threats of reprisal in response to disclosure is likewise immoral. It fosters an atmosphere that is hostile and unwelcoming at the place of employment. In many cases of sexual harassment, the victim is blackmailed with consequences if they do not comply with the harasser's requests. Companies risk legal action and financial and reputational harm if employees engage in such conduct (Cassino & Besen-Cassino, 2019).
Ethical Theories
One concept that pops up while considering sexual assault is ethical egoism. This theory states that everyone should look out for himself, and nobody should try to advance the interests of others. The focus of this theory is on human behavior. The primary ethical standard must be the pursuit of one's own self-interest. As such, it is each person's duty to seek his best interests in any given situation (Thorne LeClair & Ferrell, 2000). Businesses adopt the concept of self-interest to establish and execute anti-discrimination and anti-harassment policies that will protect them from being accused of wrongdoing and legal action. The offender may also be motivated by self-interest, but moral and legal limits must be respected even in pursuing that goal. In order to protect their bottom line and company image, businesses should have anti-sexual solid harassment rules and procedures. This action will show staff that the corporation has zero tolerance for inappropriate conduct. Workplaces free of sexual harassment and discrimination are more likely to be safe and healthy, which in turn increases productivity.
Another fundamental ethical theory is the ethics of caring. According to this notion, ethical actions should prioritize relationships with others and cultivate compassion and empathy (Thorne LeClair & Ferrell, 2000). It prioritizes caring for others and building meaningful connections above following the laws and facing the consequences. The concept behind this philosophy is to treat others as you would want to be handled. Treating people as we would like to be treated is a golden rule that should never be broken. The concept of self-interest would be rendered obsolete by the idea. According to the principle, all workers should proactively ensure the safety and happiness of their coworkers. It is against its principles to harass a coworker sexually. When workers have a shared understanding that they should watch out for one another and do unto others as they would have them do unto them, harassment and discrimination in the workplace are less likely to occur.
Areas of Law
Hardis (2019) argues that sexual assault in the workplace creates an unsafe and unproductive atmosphere for workers. The harm that results from sexual harassment is unacceptable and must not be permitted under any circumstances. Title VII of the 1964 Civil Rights act and the EEOC (Equal Employment Opportunity Commission) are examples of legislation protecting individuals from being subjected to sexual assault (Newman et al., 2003). Title VII of the 1964 Civil Rights act may be the most crucial legislation regarding employment ever enacted. Its primary goal is to eliminate bias in employment and education based on national origin, race, sex, and religion (Newman et al., 2003). Acts of sexual vio...