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Sexual Harassment

Sexual harassment is defined as unwanted sexual gestures, motives for sexual favors and

other physical or oral demeanor of sexual nature. Such proposal to sexual conduct is made either

openly or secretly as a condition for an individuals getting certain favors such as employment,

promotion. In the world of business, employees usually face many challenges ranging from long

working hours, abuse of power, poor working conditions, and unfavorable terms of employment

among many other work-related issues (Howard 190). However sexual harassment has become

prevalent in modern days and these cases are experienced in many parts of the world in different

organization.

Unwanted is the key term as far as sexual harassment is concerned. This type of

harassment basically means subjecting an employee to unwelcomed, unwanted and offensive

conduct on a person based on characteristics such as gender, age and or sex. For the certain

conducts to be regarded as harassment in, either by words, jokes of any form, physical

manhandle or adult they must affect the employees ability to carry his duties properly.

Unwanted behavior as far as sexual harassment is concerned goes beyond meaning involuntary

submission to certain acts. In some cases, individuals have fallen victims whereby they agreed
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and actively participated in such offensive conditions (LeMoncheck 41). In such case, the victim

cannot regard it as a harassment case since he or she consented with the action. Sexual

harassment includes several things such as undesired calls, letters, messages of sexual nature,

attempted rape, actual sexual act, unwanted sexual favors, deliberate teasing or touching

sexually, cornering and pinching in a suggestive sexual way as well as unwanted sexual gestures.

Only unwelcomed actions or words of sexual nature are considered unlawful which means all

welcomed conducts be it words or actions are not illegal (Paludi 70). Romantic interactions

including sexual interactions in the workplace are not considered as sexual harassment if the

parties consent with their actions. It is only offensive to onlookers and other employees at

workplace or violation of company policies though is not unlawful.

The courts have generally resolved that a target need not say or do a precise

thing to show that the act or words were undesired. However, all the circumstances will be

reviewed to figure out whether it is reasonable and clear to the harasser that the conduct is

unwanted. Victims in many circumstances may never express their fear and discomfort if the

harasser is a senior or a boss. This is because victims are afraid of the outcome if they refuse

hence are forced into accepting sexual activities or unwelcomed sexual sessions (Shaw 22). In

the case of former mates, the actions or words become sexual harassment if the consent was only

given during the time relationship and that the relationship no longer exists.

Sexual harassment goes further to cover quid pro quo harassment in which employment

decisions are based on the victim acceptance or rejection of undesired sexual conducts. There are

situations whereby the victim does not resist verbally or physically to submission to sexual

acts.In such a case circumstances have to be considered to ascertain if the victim gave consent or

it was sexual harassment (Paludi 70).

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Sexual harassment in the workplace is commonly related with one employee show undesi

rable. Sexual moves to fellow employee of the opposite sex. This can be a man making sexual

advances to a woman in the workplace or vice or where a homosexual employee

pursues an employee of the same sex. Under such a case employees have been reported to have

quit their jobs while some have submitted to sexual acts for various reasons. Many employees

who have fall victims have been reported to underperform in their respective jobs due to hostile

working conditions.

Whether the victims of sexual harassment are of the same sex or different sex, the law

does not treat the case differently due to the fact both cases constitute sexual harassment claim.

Awkward interference can happen between coworkers of the same position as well as between

Boss and juniors.The employer of the colleague may be liable for such harassment if the

The employer fails to take appropriate actions intentionally despite knowing the facts about the

case.

Sexual harassment cases in regard to the use of unwanted language have been reported

before. Consider Anita hill vs. Justice Clarence Thomas. This was the first sexual harassment

case to have been handed down in the year 1976.In this case, Anita Hill (former law professor

and collogue of Thomas) alleged that Thomas used unwanted language and harasses female

collogues sexually during the time they worked together. Thomas denied all allegations and

claimed that hills allegation has no proof (Condrey 483). It will be unreasonable to imagine that

Anitas allegation was a total lie because they worked in the same environment. This form of

sexual harassment was oral hence finding physical evidence could be a challenge. Since this first

case, the number of sexually harassment related cases rose by over 50 percent proving the fact

that this was happening in real life situation. Conspiracy to harass an employee sexually may
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result in a lawsuit in which both the harasser and the accomplishers legally take the fall. There

have been reported cases of such conspiracy as far as sexual harassment is concerned. For

instance, In 1994 Paula Jones filed a lawsuit on sexual harassment against the then unites states

of America Bill Clinton. Jones was an employee of Arkansas industrial development commission

at the time Clinton was the governor of Arkansas in the year 1991. Paula claimed that she was

persuaded by of the Arkansas state police to visit the governor in the little rock hotel for official

duties. In this case, she alleged that she rejected sexual advances made by Clinton. In return, her

superior changed her duties and became hostile and rude to her in the workplace. Clinton denied

the charges and sought to delay the case until he left the presidency. The federal district court

dismissed Jones action in 1998 in the ruling that found Clinton not guilty due to lack of proof

that such sexual advances were experienced. In return, jones appealed the ruling in which she

agreed to drop the lawsuit for 850,000 dollars.

Sexual harassment may be group related or inflicted on a single individual. Several

individuals may be abused at the same time by a single person or many people. Consider the

Tailhook saga in which more than 80 women were abused collectively by drunken marine and

naval soldiers. Navy lieutenant by the name Paula Coughlin alleged that for a long time that

these women were sexually assaulted by fellow soldiers and that the organization ignored that

fact forcing her to quit the forces. The fact is that the hotel in which the harassment took place

was supposed legally to take the fall since they failed to provide adequate security to the victims.

The assailants walked free since the organization ignored the issue that these women suffered

under the hand s of these officers (Paludi 70). Coughlin was awarded 1.7million dollars

compensation and 5 million for damages.

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Men are less likely to recognize the act of sexual harassment. Rape constitutes

largely as part of the sexual harassment. In most cases, women fall, victims of rape cases,

since they are highly susceptible to risks involving sexual issues. Sexual harassment does

not cover or lean on one side based on sexuality, but rather it covers both the male and

female individuals. There have been reported cases in which men or young male teens have

been sexually abused by women or mature females in different capacities. This varies

depending on age. Statistics have shown that individuals between the ages of 12-34 are the

most subjected to high risk for sexual abuse. one out every 33 American men have

experienced complete or attempted rape this is approximately 3% of the entire men

population to have been sexually harassed in their lifetime.

Rape of men involve men being forced to penetrate a woman, and such cases were

reported by the center for disease control survey carried in the US in the year 2010. National

Intimate Partner and Sexual Violence Survey (CDC) reported that the rate at which men are

sexually assaulted is equal to the rate of women sexually assaulted. The effect experienced

by the victims is almost the same for both men and women victims. They both suffer from

long-term and short-term effects.

Dissatisfaction in the job is one of the immediate short-term effects that are most

likely experienced by the employee.Much time will not be devoted to work since the

employee will spend more time in thinking, replaying and avoiding the sexual harassment

scenes caused by the employer or managers. Situations such as leaving work earlier to avoid

interaction with the harasser or showing up for work late to reduce the amount of time spent

near the harasser will be more prevalent.

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The intimidation by the harasser will reduce or alter the victims confidence in his

work hence he or she may never speak up or give new ideas and suggestions concerning the

job. Alternatively, the negative attitude that the employee will develop towards the harasser

will Couse the employee to hate or resent his or her superiors hence reducing the quality of

work. This may also make employees refuse taking orders from seniors hence poor work

relationships, and arguments will be the order of the day. The employee may speak ill of the

company feeling that the company failed in protecting its employees from sexual

harassment. The short-term effect in most cases often leads to long-term effects. This means

thats even after the harasser has stopped tormenting the employees some of the negative

impacts experienced earlier may still continue.

Panic attacks, stress and depression may still be experienced for a long time. This

may make the employee to relate his job with harassment hence he or she may decide to

change the line of work. This will affect the employee negatively since he or she will need

time to acclimatize and familiarize with the new job. Sexual harassment is likely to be

experienced even in an organization with strict policies and programs of sexual harassment.

In as much as the harassment may never continue for a longer time frame still, the very act

of sexual harassment will have serious negative consequences for the victim. Therefore the

employer should stipulate clear policies regarding sexual harassment issues since if not

taken the serious normal life of victims can be altered dangerously.

Sexual harassment victim usually suffers mentally and emotionally. It may Couse the

victim to experience low self-esteem as well as jeopardize an individuals associations. It also

causes substantial stress to the victim as well as depression and anxiety.To begin with; some of

the serious effects experienced by the victims are as follow:

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Physical Health

Corporal Health and emotional health are usually connected. When targets of sexual

harassment encounter psychological and sensitive problems, it often leads to physical health

issues that relate to physical matters such as, depression, headaches, weight instabilities, lack of

sleep, restlessness etc these factors often expose victims to risk of contracting high blood

pressure, imbalance of hormones week immune systems which and these are very serious health

issues (Postmus 307). This physically associated issues brought about by sexual harassment will

definitely make an employee to be less productive or even poor performance in their irrespective

places of work. Failure to carry out assignments as delegated by employer hence the general

failure of the whole organization to attain its goals.

Financial Challenges

Many victims of sexual harassment have left their jobs or lost their jobs under different

circumstances. This has subjected many of them to experience financial challenges due to loss of

their source of income. Factors such as absenteeism, unpaid days or leaves, and lost wages have

consequently exposed victims to financial related issue to the extent that some have lost their

properties due to mortgage loans, unpaid bills, and other money-related concerns. Legal battles

as a result of sexual harassments have resulted in many victims spending a lot of money in the

process of seeking justice (Postmus 307).

Global Consequences

Sexual harassment cases have caused many organizations to lose funding even to the

point of closing down its operations. This has severely affected the economy negatively. Factors
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such as low or zero productivity at work, serious labor turnover, chronic absenteeism, and low

employee morale have seen many organizations closing down or making huge loses. This has

negatively contributed to the economy which in turn affects the country and world at large (Patai

34).

In as much as sexual harassment cases may not be taken seriously in some organization,

the victims can take it upon themselves to seek justice by legal actions. Remedies for sexual

harassment cases are not different from all other discrimination issues at workplace.in case the

case is taken to court and the victim happen to win the case some of the remedies will include

back pay (Paludi 193). This back pay is the financial losses that the victim incurred while he was

absent or on leave due to harassment inflicted at the workplace. Loses suffered such as therapy

costs or any expense that the individual incurred while he was out of a job will be compensated

this is out of pocket loses. Payments for days that the individual will spend out of a job from the

day of a court ruling like for one month or two this is called front pay will constitute part of the

remedy. Any cost incurred during court proceeding will be paid by the organization or the

harasser including attorneys fee (Baker 40).

Emotional suffering damages for the pain inflicted on the victim are also a remedy.

Punitive actions that are aimed to punish the harasser will be determined by the court that is one

wins a lawsuit. These are some of the remedies that the victim can look up to in case he or she

decides to take legal actions against the organization or the harasser .every employee is entitled

to file a lawsuit if he or she feels that he has been sexually assaulted or harassed. A state law

prohibits judgment based on race, origin, gender color and religion. In all cases, either punitive

damages, compensatory damages or combined punitive and compensatory is the only possible
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remedies (Patai 34). Legal procedures have to be followed by the complainant to file the case. It

is wise for the victim to keep the organization on notice of the situation since they will be held

liable for any suffering an individual may experience from the day of filing an interior complaint

onwards.In conclusion, the victim should file the complaint with relevant authorities in their

respective state. Persistent Sexual harassment creates a hostile working environment that affects

employees negatively regarding their performance (Baker 40). Serious negative results of sexual

harassment are usually understated regarding one's work. The problems caused as a result of

sexual harassment range from financial problems, health problems as well as global

consequences so to say (LeMoncheck 41). The victims are entitled to legal rights in which the

law attorney will take the victim through legal processes of obtaining justice and compensation

for the damages. Employers have the capabilities of preventing sexual harassment issues in the

working environment since this type of discrimination affects an individuals performance and

the organization at large.

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Work cited

Baker, Carrie N. The Women's Movement against Sexual Harassment. New York: Cambridge

University Press, 2008. Print.

Condrey, Stephen E. Handbook of Human Resource Management in Government. San

Francisco, CA: Jossey-Bass, 2010. Print.

Howard, Linda G. The Sexual Harassment Handbook. Franklin Lakes, NJ: Career Press, 2007.

Internet resource.

LeMoncheck, Linda, and Mane Hajdin. Sexual Harassment: A Debate. Lanham: Rowman &

Littlefield Publishers, 1997. Internet resource.

Paludi, Michele A, and Richard Barickman. Academic and Workplace Sexual Harassment: A

Resource Manual. Albany: State University of New York Press, 1991. Print.

Paludi, Michele A. Ivory Power: Sexual Harassment on Campus. Albany, N.Y: State University

of New York Press, 1990. Print.

Patai, Daphne. Heterophobia: Sexual Harassment and the Future of Feminism. Lanham:

Rowman & Littlefield, 2000. Print.

Postmus, Judy L. Sexual Violence, and Abuse: An Encyclopedia of Prevention, Impacts, and

Recovery. Santa Barbara, Calif: ABC-CLIO, 2013. Print.

Shaw, Victoria F. Coping with Sexual Harassment and Gender Bias. New York: Rosen Pub.

Group, 1998. Print.