In not less thousand words , Write a Reflective Report on sexual harassment by Boland ,it categories and the impact it have on the victims and what management can do curtail sexual

harassment at workplace.

26 Sexual Harassment in the Workplace However, unless the conduct is very serious, a single incident of offensive sexual conduct or comment generally does not create a hostile environment. This type of claim usually requires a showing of a pattern offensive conduct. A single, unusually severe incident of harassment may be sufficient, however. For example, a single incident of touching a coworker's intimate body areas is considered severe sexual harassment. As you read the following section explaining the conduct that has been identified in sexual harassment claims, keep in mind that not all of this type of conduct will be considered severe enough to form the basis for a legal claim of sexual harassment. Most often, there are several types of sexually harassing behaviors present in the same case. The less physically threatening forms of sexually harassing behaviors are also the most commonly reported. These include the following forms of harassment. Sexual Joking. Sexual harassment exists where the conduct is unwelcome. Therefore, while some women think that if they join in the joking it will lessen the impact of the harassment, it may, in fact, work against them. It provides evidence that they did not find it objectionable or offensive, and may result in a determination that they were not victims of a chapter three: Types of Sexual Harassment When employment is conditioned on submission to sexual advances, or when unwelcomed sexual conduct is so severe and pervasive that a reasonable employee would find it to be an offensive working environment, then it constitutes sexual harassment. Courts have carved out different standards for sexual harassment, depending on the conduct and who is doing the harassing. Ultimately, each case turns on its own factshow severe the conduct was, who did it, and how the conduct impacted the victim of the harassment. HARASSING CONDUCT: A CONTINUUM OF HARM Sexually harassing behavior involves a range of conduct, from minor offensive words or acts to forced sexual activity and even rape. While there is no minimum level for harassing con- duct under the law, the general rule is that the more severe the conduct, the less number of times it has to occur. For exam- ple, a single sexual advance may be enough to show sexual 30 Sexual Harassment in the Workplace CATEGORIES OF SEXUAL HARASSMENT Sexual harassment claims fall into two broad categories: quid pro quo (something for something) and hostile environment. Both types of claims can exist in the same case. Quid Pro Quo Quid pro quo sexual harassment usually involves a supervisor who has the power to make decisions about the employee, based on whether he or she submits to sexual demands. The two legally required elements of a quid pro quo case are: 1. an employee is subject to unwelcome sexual advances and 2. submission to the sexual advances is a condition of a job benefit or refusal to submit resulted in a detriment. Quid pro quo cases were the first type of sexual harassment to be recognized by the Supreme Court. In 1986, in the case of Meritor Savings Bank v. Vinson, 477 U.S. 57, a female bank employee was sexually harassed both inside and outside of work by her supervisor, who was the vice president of the bank. She had worked at the bank for four years before she took a sick leave and was fired for failing to return to work. She filed ISSUES IN SEXUAL HARASSMENT More recent cases have blurred the line between the two types of sexual harassment, and most cases present a combination of these types of claims. The following issues continue to arise in sexual harassment cases. types of sexual harassment 35 Conduct Must Be Unwelcome Romantic relationships may be present in the workplace setting. Sexual harassment laws do not change this. Courts have said that the antidiscrimination laws are not designed to create a code of conduct in a workplace. chapter four: The Impact of Sexual Harassment "My stomach would get sick....I had nightmares....it made my (male and female) coworkers uncomfort- able...so it affected all of us." -comment from a respondent to a Merit Systems Protection Board survey Sexual harassment can cause serious harm to its victims, their families, and other coworkers. Sexual harassment also has a destructive effect on an entire workplace. The victim's work per- formance declines as the stress of sexual harassment distracts her from work. Coworker friends become less productive, as they spend work time strategizing on ways to solve the prob- lem. Employers are especially impacted, because every year hundreds of millions of dollars are lost in disrupted productiv- iy. Ultimately, there is a turnover of tens of thousands of expe- rienced female employees. "Respect for women is one of the nonnegotiable demands of buman dignity." -President Bush, State of the Union Speech, 2002 chapter Six: What an Employer Should Do to Prevent Sexual Harassment An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, devel- oping appropriate sanctions, informing employees of their right to raise and how to raise the issues of harass- ment under Title VII, and developing methods to sensitize all concerned. -EEOC Guidelines All employers have a responsibility to prevent sexual harass- ment in the workplace. The best way for your employer to prevent sexual harassment is through strong policies and pro- cedures that prohibit it, and education and training programs to enforce the policies. Your employer must also make sure that the policy gets out to the employees and the employees know how to use it. For more information on using a company pol- icy, see Chapter 9 of this book. Any employer who is serious about preventing sexual harass- ment in the workplace will sensitize all its employees to the