What Constitutes Sexual Harassment?
What Constitutes Sexual Harassment?
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. There are two types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo, which means “this for that,” involves a person with power over someone else who uses that power to either benefit or harm a person based on his or her willingness to participate in or tolerate some form of sexual behavior. A hostile work environment exists when an individual is exposed to conduct that is sexual in nature, severe and/or pervasive, and unwelcome or unwanted; a power imbalance may or may not exist.
Assignment: Read each scenario below, and then in an APA formatted Word Document explain each scenario and determine whether each constitutes sexual harassment, and explain why or why not. Be sure to utilize what you have learned about sexual harassment this week, and cite your sources and list your references.
Scenario 1
Mary and Bill work in the same department and have known each other for over a year. Mary and Bill are friendly, but nothing romantic has occurred between them. One day, Mary asks Bill if he would like to go out after work.
Scenario 2
Charles is attracted to his coworker, Shelly, but Shelly is unaware of the attraction. He tells her one morning, “You look really nice today.”
Scenario 3
At a company party, employees are called up individually to receive year-end bonuses. Susan is shocked to discover that whereas the men in her department receive cash, she and her female coworkers receive flowers.
Scenario 4
Adam and a coworker are looking at a sexually explicit Web site. Someone walks in and sees the Web site. That person is offended and reports the incident to Adam’s supervisor, who never tells Adam about the complaint. The person walks into Adam’s office three more times in the next several months and again sees sexually explicit material on Adam’s screen. The person never tells Adam that he is offended.
What Constitutes Sexual Harassment?
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Sexual violence and harassment has become a major problem in contemporary workplaces. Amid immense scrutiny, key stakeholders in the labor market continue to struggle to establish practical solutions to this problem. Employees who face sexual harassment at the workplace will likely suffer significant detrimental effects on their wellbeing and career. Gendered violence and sexual harassment are increasingly anchored on power relations in a specific social setting as depicted by economic status, workplace position, gender identity and other factors. This paper reflects on specific case scenarios to establish whether each comprises sexual harassment and the underlying justifications.
Scenario 1 Response
In this case, Bill and Mary work in the same functional area and have developed an authentic cordial relationship amid day-to-day interactions. Mary asked Bill if he would accompany him for an outing after work. This is a social invitation and should not be deemed sexual harassment for a specific reason. Mary has not made any explicit sexual advances in the past, and the decision to go out together in the evening is unlikely to affect their future outcomes. Sexual harassment of workers has significant negative implications on occupational choices and future outcomes, especially when the behavior happens during early or first working experiences (Week 4 Chapter). Therefore, this invitation is respectful and does not incorporate adverse implications on either party as they deliver on their respective roles within the department.
Scenario 2 Response
In this scenario, Charles is emotionally attracted to his workmate, Shelly, although Shelly is unaware of such interest. Charles complimented Shelly one morning, "You look really nice today." This compliment does not meet the sexual harassment threshold because it is not offensive, unreasonable, or unwelcome. Moreover, this was the first time that Charles made such a compliment. However, this can be termed sexual harassment if Charles subjects Shelly to daily unwelcome and sexually suggestive compliments in the f...