Improved Research Paper - Sexual Harassment

Running head: SEXUAL HARASSMENT 1

Guerrero 2

Sexual Harassment

Maria Guerrero

Lynn University

Sexual Harassment: An ethical dilemma and its controversies

Sexual harassment has become frustrating in society in regards to employers, managers, supervisors and general work staff looking for sex in favor of job appraisal, promotion, transfers from a workstation to another, and employment. Though this is illegal and unethical society still practices it even though it threatens morality and destroys their professionalism. On a broader perspective, sexual harassment includes discrimination, use of women as sexual objects (Crain & Heischmidt, 1995), inappropriate use of powers (Loy & Stewart, 1984), bullying (Hivos, 2018), subordination, unfair gender roles, poor labor relations and salaries (Hivos, 2018). All add up as psychological, sociocultural and economic effects propagated by the immoral behavior.

This ethical dilemma is chosen because most prosperous and immediate employers have taken advantage of the economic and financial situations in larger populations in a given state where they are demand sex or use of any unethical avenues to employ or side-line women notwithstanding their capability and experience in the profession. It is uncommon to find women deprived of working opportunities or harassed while working yet the same employer expects productivity relative to the task its designated. Hivos (2018) states that victims of sexual harassment in the United States lose $ 4.4 million in wages and another loss of 973, 000 hours in unpaid leave each year. Additionally, the predominance of sexual harassment deprives women of their humanitarian and legal rights of fairness and equality to get employment and also to exercise their duty.

Human Resource is a noble and a passionate job that equally requires empowerment, solidarity, motivational pay, good relation (with employer and customers), and total cooperation of all employees and the organization’s management as a unit to cultivate innovation, creativity, and productivity. On the contrary, harassers have the power to fire or promote women of their choice against the code of conducts which are established in organizations to serve all gender employees equally. Sexual harassment defiles ethics and moral integrity while elevating delinquency in social, economic, cultural and political setups and the ultimate effect is the weak economy and demoralized workforce that fails to exercise their professionalism to the fullest. The result of the harm is the unreasonable interference with women employees’ performance and or creation of the working environment that is hostile, intimidating and offensive. Lack of knowledge and understanding about the meaning, scope, the effects and consequences of sexual harassment defined by legislature has widely contributed to the failure to acknowledge this dilemma to the fullest, predisposing women to debilitating stress reaction, sleep disorders, weight loss, nausea, lowered self-esteem and sexual dysfunction (Hivos, 2018). Sexual harassment is a form of discrimination, unethical practice, and is against the law because it involves unethical behaviors of taking advantage of the vulnerable population within a professional setting.

Sexual harassment and career goals

Sexual harassment in the workplace is an evasion of morality and ethics; it is entirely unwelcome, undesirable behavior, and offensive to women. It is an unwanted imposition of sexual demands in the context of unequal power (Kensbock, Bailey, Jennings, & Patiar, 2015) in gender and social assaults. In the business sector, workers’ morale through good working environment entailing worker-worker relation and worker-management relations determines the success of a business to hover on the competitors in the global market. Nonetheless, the workers’ low morale, reduced productivity, absenteeism from duty, employee turnover and possible (Bovet, 1993) because of sexual harassment it greatly shutters the goals of the organization as well as those of the individual. Workers morale can be influenced by a good salary pay that one can be more than willing to take the extra mile; beyond work-duty framework to increase the output of the organization for pay increment forms from increased profit margin the organization generates.

On the contrary, sexual harassment has tumble-down career goals and ambitions of many feminine employees who find themselves with no option but to quit if not counter-react to the harasser. The inability of women that are sexually harassed to report and get assisted on them dilemma has made the vice look ‘normalized’ (Kensbock, Bailey, Jennings, & Patiar, 2015), a thing that should not be accepted the modernized world. Career goals cover personal satisfaction in providing services within one’s area of the profession and also the fulfillment of the organization’s set targets with the aim of generating income, creating job opportunities and expanding the business. Even though some organizations have had their policies in place with good law enforcement, sexual harassment is still on practice and continues to affect women psychologically, socially, health-wise and economically (McDonald, 2012). Organizations may have the policies but they fail to have good enforcing (Hivos, 2018). Human resources department is responsible to supervise employee behaviors during working hours where they offer a good environment, and people feel safe to work in the organization. If HR does not follow the rules, it creates room for sexual harassment perpetrators to practice the unethical acts against women.

In an organizational hierarchy, the power that is provided to some individuals allows them to feel in control over another person’s actions; this has been a common characteristic for higher positions (Loy & Stewart, 1984). People with low positions at the working station tent to subordinate to their managers or supervisors because of the authority they have. When they accept subordination, they are affecting the production of their job and the image of the organization if a scandal goes out. Therefore, some of the outcomes include seeking to transfer, quitting the job or even worst responding to the harasser. Subordination can be reversed, and personal as well as united interests of the organization achieved where corporate responsibility is upheld. By corporate responsibility means both the management and employees have the same duty in the engagement to elevate working ethics and societal morality.

Effects of sexual harassment

Feminism revolution is yet to be won despite the many efforts that international, national, non-governmental and community-based organizations continue to strategy in the fight of the dilemma. Women today continue to face numerous obstacles, sexual harassment is one and most rampant across developed and developing nations in the labor market and hence denying them equal participatory opportunities with another gender in their workplaces (Berring & Chan, 2014). These are bothersome and intolerable to women and all who stands for morality and integrity into the work ethics which are standards of organizational relations. Women are rendered jobless, and unwilling to seek job¬s for their moral safety and integrity in their marriages for those married. Beside employees’ morale in their job performance, reduced effective and efficient production is affected too, many seen not to be in attendance to their jobs, low income and profits, possible litigation (Bovet, 1993) and poor customer service (Kensbock, Bailey, Jennings, & Patiar, 2015). Going to the extent of launching lawsuit it means the possibility of unity, peace, and cooperation is null hence affecting productivity.

Citing USA women harassment statistics, Hivos (2018) states that 90-95% of women sexually harassed are affected psychologically (anxiety, sleep disorder, and depression), socially (low self-esteem), health (weight loss, nausea), and physically (sexual dysfunction). These effects progress into increased cost of medical care because treatment has to be carried on to save a life or else life will be lost unreasonably. Women are used as sex objects by the perpetrators, which is far from the expectation of sociocultural morality and standards, and professional ethics. Every person at any given time and place wish to be treated equally as any other about opportunities which can either be promotion, training and managerial position in the workplace (Crain & Heischmidt, 1995). There is need to stand out with policies, and personal behavioral change to fight this uncouth and animosity act that deprive women opportunity to develop their respective nations and their living standards as well within and without their areas of residence. Sexual harassment suppresses the victims’ social status, influence their self-identity and negatively impact their well-being (Kensbock, Bailey, Jennings, & Patiar, 2015). Lack of a voice for women against the ill-practice that gets power even to be coined as ‘normalized’ results from women’s powerlessness that lets free harassers and unable to even quit as long as they get daily living (Berring & Chan, 2014). Fear for not getting a hearing from the management when harassed and the attitude that it is inevitable even when one denies to change job is clear that women are oppressed through sexual molest. Women need defenders in all forms for they have equal rights as humans and not being segregated by gender especially in the current century’s economy that they contribute in running families.

Sexual harassment legislation, code of ethics and implementation

The availability and application of codes of conduct, code of ethics and guidelines governing operations and relations in an organization is a sign of the reduced need and recognition of the significance of ethical behavior and commitment to the same ethics as at work workforce level (O’Dwyer & Madden, 2006). Organizations owe their workers conducive environment that promotes economic growth and professional development by ensuring policies and codes of conduct governing personal relationships are put in place and followed to the later while respecting prescribed legislature that respects the rights of individual employees. Ethics dilemma can and is the basis to develop minimum standards or code of conduct against which the organization will be evaluated for harmonious and equitable consideration of all workers regardless of its gender sensitivity (Greenwood, 2002). Having the policies in control of sexual harassment has been reported to positively impact anti-sexual harassment (Bovet, 1993) and the use of appropriate training procedures based on effective psycho-educational process (Barak,1994). Managers in businesses have been observed to be reluctant in applying or using the codes of conduct to handle issues relating to workers, but they are quick to use the same when it relates to the business (O’Dwyer & Madden, 2006). These imply that there are managers who care not about the well-being of its workers instead more interest with the company only forgetting that the workforce is a pillar in ensuring that same business stands in a competitive market and that their redundancy in their responsibility corresponds to the business downfall. Codes of conduct are in some instances created to reflect the desire to protect the business interests more than the employees and the wider society surrounding the organization/company/business (O’Dwyer & Madden, 2006). O’Dwyer & Madden further asserts that most codes of conducts are more legalistic, dictatorial procedures that demand or prohibit specific behavior while the broader interests are absent. These are eminent mostly where corruption, an ethical dilemma exists and overrides morality.

Theories that Illustrate Sexual Harassment

The ethics of care is a feminist philosophical perspective bound by morality and decision-making. Ethics of care reference ideas that occur in nature and through normative ethical practices. The ethics of care perspective highlight approaches to moral actions that are also addressed in the Kantian philosophies of deontology, justice and utilitarianism theories. The ethics of care is credited to the Nel Noddings because she provided the first comprehensive argument of the method as the foundation of morality (Held, 2018). In developing this theory, Noddings assert that caring is a universal attribute to human. She continued to demonstrate that caring ethics was created from the moral relativism charge and virtue ethics. Nodding presented her argument using a specific relationship reciprocal for commitment with the wellbeing of caring acts and response to perceived needs that are part of care (Held, 2018). The act of caring is motivated by the apprehension of the reality that exists within the society.

In the ethics of care, Nodding does not exclusively mean that the person who is giving care is doing what those need care desire. Therefore, in her ethics of care, she argues that caring for an individual is situational. If from the cared for point of view needs care, then the one caring should formulate an appropriate response. The desire to care came from the care for point of view and compared to what the carer perceive (Held, 2018). Caring involves the commitment to perform some relevant task where the condition for care provides actions that are sufficient to disintegrating care.

The application of Nodding’s ethics of care to sexual harassment ethical dilemma illustrates how to deal with both parties that are involved in sexual harassment. In sexual harassment, there is both the survivor and the perpetrator. Both of these individuals need to let go some survivors and perpetrators to feel that they both need care. In the ethics of caring, Noddings try to alter the contours of our good maps that startlingly pose new questions and answers (Tong, 2003). Noddings persuasively demonstrate the principle of moral thinking that without it will be responsible for shrinking humanity. Her caring approach seems to have two elements motivational displacement and engrossment. Motivational movement is clearly defined as failing to apprehend social reality existing in the society. She gives attention to ethical standards that should be applied in situations of gender violence, and sexual harassment is contained in the topic of gender violence (Noddings, 2013). Noddings intend to show how applications of specific moral theories that ensure the continuation of determination that is used to examine the implications of ethics of care. Initially, when addressing sexual harassment from her perspective, the best chance to use ethics of care is caring for both the survivor and the victim.

Nodding’s feminist theories identify more of the appropriate value realms of moral activity with consideration of both the victim of sexual harassment and the harasser. She tells us that the two people have been in the form of essential relationship that resulted in their close contact (Noddings, 2013). Her fundamental question relates to how the two individuals involved in sexual harassment meet other morality before and after incidents (Noddings, 2013). From her argument, she gives ambiguity as compared to a solution or guidelines for solving sexual harassment that is a trending and common social problem. Nodding’s caring relation use a dyadic schema that provides the name of one caring with the recipient for caring for the cared.

A significant topic involved in understanding any feminist movement’s current event in the workplace is sexual harassment. Nevertheless, occurrences of sexual harassment in the workplace can be interpreted in at least two ways: Philosopher Kant way and Philosophers Nodding’s way. These two interpretations of workplace sexual harassment give different ethical importance to the feminist movement, which is advocating for the change of workplace gender abuse reporting. When comparing Kant and Noddings ethics, scholars argue in the following that Noddings interpretations on how to defend victims of sexual harassment are better than the Kantian argument for reasons that Kantian ethics present universal principles of ethics that can create loopholes to justify societal vices.

Emmanuel Kant argument to workplace abuse of any kind applies to any feminist movement’s activities that work to avoid sexual abuse in the workplace. According to Immanuel Kant’s deontology principle, a moral individual does his/her duties irrespective of the consequences attached to the outcome of the responsibilities that are performed. Everybody is inclined to their task. Therefore, even in the presence of the government duty of establishing the incentives that prohibit sexual harassment in the workplace through laws such as the Civil Rights Acts of 1991, individual still must campaign against sexual harassment in the workplace (Schneider, 1994). The deontology principle that the Kant developed holds that mature human being can reason and that it is essential for them to act and promote the well-being of other people. Together with the virtue ethics, the categorical imperative, and the principle of utilitarianism, a feminist is moving to on the best interest of the public as compared to the best interest of the workplace sexual harassers.

On the other hand, philosopher Noddings through her ethics of care argues that the victims of sexual harassment may be protected by law, but lack visibility of being heard. From her argument, there is no shortage of moral guidelines on how to behave in public. She believes that there is also a will from everybody to stop sexual harassment and other immoral issues, but the primary problem occurs when there is an additional challenge of failing to be heard. For this reason, the feminist movement is not campaigning against sexual harassment in the workplace for no idea, but the rights that even with laws in place, sexual harassment victims are not being heard. According to Nodding the presence of rules does not mean they are practically applicable; hence the need to go an extra mile of creating strong feminism activism.

Noddings, as compared to Kant, is a modern philosopher, but being a modern feminist makes her argument advocating their movement having more weight as compared to the Kant philosophy. The Kant philosophy if used to address sexual harassment in the workplace results in processing a disconnection between the harassers and those harassed. Kant advocates of the general philosophy of determining what is moral and ethical. To the harasser, it may seem that they are creating a relationship with the victim, but the victim will see that behavior has harassment and not worth. The descriptions of assault to Kant focuses on activities that have the greatest good to the majority of the people at the expense of the minority of people who are likely being oppressed (Held, 1996). Therefore, the credibility of addressing sexual harassment in the workplace may go to modern feminist philosophers who are solving a problem that they have witnessed or experienced.

In the area of sexual harassment, Noddings illustrates that Kantian universal ethics and morals recommend simple actions to perform the right thing. Unfortunately, humans do not need simple actions and abstract principles, but stronger with consequences principles that will create implications for the harasser similar to the impacts occurring to victims. According to Noddings, Kantian moral ethics may be the cause of increasingly existing workplace sexual harassment regardless of existing laws.

Emmanuel Kant’s Categorical Imperative

The categorical imperative theory focuses first on classic philosophers who contemplated juvenile capacity. It then discusses adolescent psychosocial development to determine how science might influence the law's redress of the sexual harassment of vulnerable population. Some literature explore Kantian perspective loosely patterned after the "categorical imperative" to formulate a dignity-based foundation for the prohibition of sexual harassment among the exposed population.

This discussion of general socio-legal theory relating to sexual relations offers guidance on the issue of sexual harassment and consent among the vulnerable population (Harvey, 2018). A person perspective acknowledges that specific vulnerable group as teens are sexual beings that need opportunities to develop sexually in age-appropriate, safe ways. This view is consistent with an emphasis on equality and mutuality. Such an approach rules out most teen-adult sexual relationships at work since that environment may compromise both equality and reciprocity for teens.

As an acknowledgment to teen "developing capacity” and autonomy, scholars have elsewhere advocated against legally restricting a teen who chooses to engage in sex with an adult co-worker. The adult would still run the risk of criminal prosecution and civil liability if the teen later retracts consent during her minority, upon determining that her adult partner took advantage of her "developing capacity" or other vulnerability at the workplace. A strict system would prevent her to refuse from being used against her in any subsequent sexual harassment suit. This approach operates like adolescent "consent" to a contract under common law.

Adults remain free to "just say no." As this research move through the discussion regarding the theoretical support for the prohibition of sexual harassment, consent should be naturally supported to allow the sexual encounter with adults in an otherwise compromised situation.

Sexual Harassment Legal Theory

While socio-legal theory offers guidance for the theoretical justification of sexual harassment prohibitions, feminist legal theorists have created a library of work that addresses this problem directly. Because federal law did not explicitly prohibit the sexual harassment of women, feminist legal theorists first worked to prove why sexual harassment constituted discrimination "because of sex" As noted, Catherine MacKinnon introduced her subordination theory in 1979 (Bartlett, 2018). She suggested that the male demand for sexual favors from female workers reinforces their subordination to men. She explained: Sexual harassment perpetuates the interlocked structure by which women have been kept sexually in thrall to men and at the bottom of the labor market (Bartlett, 2018). Two forces of American society converge men's control over women's sexuality and capital's control over employees' work lives (Bartlett, 2018). A guarantee of equal opportunities to job training, education, and skills has little substance if a requirement of fairness in hiring, promotion, and pay can legally be pending if a woman refuses to grant sexual favors. Indeed, this reasoning applies to female teens as well as to adult women. However, it does not translate, without explanation, to support prohibitions for harassed teen males.

Beyond the Subordination of Women

The subordination theory depends on the exploitation of sexuality as associated with biological sex to sustain power roles, mainly heterosexual male power. MacKinnon reasoned that "from an inequality perspective, too, the vulnerability of gays is analogous to that of women." One might similarly argue that the vulnerability of minors is analogous to that of women (Bartlett, 2018). Males traditionally exercised extraordinary power over children. Early Roman law permitted even infanticide by fathers. Thus, one could argue that male domination finds expression in the sexual subordination of younger, less dominant males and females.

Subordination in Context

The perspective of subordination continues with the view of several other philosophers who are Vicki Schultz and Kathryn Abrams. These two contributed to the evolution of sexual harassment legal theory by integrating gender discrimination and sex-based subordination. Focusing on gender enforcement and the male hierarchy of the workplace, Abrams discussed how sexual harassment robs women of the new work opportunities open to them (Onwuachi-Willig, 2018). It undermines agency for both nonconforming men and women. By focusing on the workplace, Abrams saw that the sexually charged workplace evidences an authorization of male sexual initiative, masculine norms, and male hierarchical dominance (Onwuachi-Willig, 2018). Operating within the framework of legal and constitutional provisions, Abrams made a strong point about not losing sight of the place.

Schultz emphasized not the sexual nature of sexual harassment, but its sex-based nature. She suggested: Indeed, many of the most prevalent forms of bullying are actions that are designed to maintain work--particularly the more highly rewarded lines of work--as bastions of masculine competence and authority. The focus of harassment law should not be on sexuality as such (Onwuachi-Willig, 2018). The center should be on conduct that consigns people to gendered work roles that do not further their aspirations or advantage. Take this emphasis on gendered roles and venue and focus not on the entry of women into male-dominated workplaces but the entry of adolescents into adult-dominated workplaces.

Gender Policing

Elsewhere, Katherine Franke further explored same-sex harassment, sexuality, and sex-role stereotypes in her discussion of the "technology of sexism." She suggested that sexual harassment produces "gendered bodies" and enforces the hetero-feminization of women and the hetero-masculinization of men (Frank, 2018). She resisted the notion that the harassment of non-masculine males meant their subordination as feminine objects. Instead, she insisted that legal theory acknowledges that men might be harassed "as a way of policing masculinity, which may or may not have the collateral damage of vilifying femininity." MacKinnon also discussed gender identity, sex roles, and sex role enforcement in her subordination theory. No matter the angle one takes, one can acknowledge the value of a perspective that focuses on gender traits and not merely on regular sex.

Conclusion

Sexual harassment is unethical practices involving resulting from rude behaviors where the harasser takes advantage of the vulnerability of the being harassed. Regarding career, sexual harassment is often prevalent in the workplace. While there are company and labor laws that protect employees and the public in general from sexual harassment, the immoral issue is still widespread. Classical and modern philosophies of ethics have attempted to explain why sexual harassment exists and how to deal with the matter, but it seems that human behaviors are challenging to change. Apart from ethical theories developed by the likes of Immanuel Kant, organizations have developed codes of ethics and laws of conduct government employee behaviors in the workplace. The purpose of organizational systems should be to ensure that administrations offer workers an environment free of general stressors. In addition to Kantian Ethics, several other modern ethicists have tried to address the issues of sexual harassment in the workplace, and their address seems to improve action base within organizations. Therefore, the ethics of care developed by Nel Noddings try to explain the normative morality that the society is required to keep. The normative morality as it relates to sexual harassment is developing a caring behavior as compared to taking advantage of the vulnerability.

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