Week 3_ Diss 1

Kristin wrote:

Professor and Class,

Sexual harassment is considered the unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature (Sexual Harassment, n.d.). Harassment becomes illegal when it is frequent and creates an offensive work environment or results in an adverse employment decision. Sexual harassment can be recognized by inappropriate comments or conversations with supervisor, employees, or clients that make the individual uncomfortable. The EEOC mentions that sexual harassment can occur in a variety of circumstances such as the harasser can the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee, the harasser’s conduct must be unwelcomed (Facts About Sexual Harassment, n.d.). Sexual harassment becomes serious when it affects an individual’s employment and interferes with their work performance.

There are two types of sexual harassment that can occur within the workplace. Quid pro quo sexual harassment is when the harasser requests sexual activity from the victim in exchange for workplace benefits (Bennett-Alexander & Hartman, 2015). Quid pro quo sexual harassment is more recognizable when employees are promoted or receive raises without the qualifications but the relationship between employee and supervisor is noticeable. For a case to be determined sexual harassment, the victim must ensure that the sexual advances were unwelcomed. That is sometimes tough to determine within this scenario because the harassee is wanting the workplace benefits of the sexual requests. A hostile environment sexual harassment is when the harasser creates an abusive, offensive, or intimidating environment for the harassee (Bennett-Alexander & Hartman, 2015). To be considered a hostile environment sexual harassment the harassment must be unwelcomed by the harassee, be based on gender, be sufficiently severe or pervasive to create an abusive working environment, affect a term, condition, or privilege of employment, and the employer had actual or constructive knowledge of the sexually hostile working environment and took no prompt or adequate remedial action (Bennett-Alexander & Hartman, 2015). The hostile environment requires more details and ensures the uncomfortable environment the victim is within at the workplace. 

References

Bennett-Alexander, D., & Hartman, L. (2015). Employment law for business. Retrieved from https://phoenix.vitalsource.com/#/books/1259755428/cfi/6/30!/4/156/22/6/8/2@0:17.6

Facts About Sexual Harassment. (n.d.). Retrieved from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/eeoc/publications/fs-sex.cfm

Sexual Harassment. (n.d.). Retrieved from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/types/sexual_harassment.cfm

Jamie Wrote:

According to the EEOC in regards to what sexual harassment is, it is defined as "unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of the sexual nature". Sexual harassment can also be inappropriate conversations and making others feel uncomfortable and uneasy ("Sexual Harassment ", N/A). If engaged in a conversation and the topic turns into sexual content i.e., "what do you like to wear to bed, how many sexual partners have you had, I like to do xyz during sex, you have a nice but" and you are uncomfortable, that would be a sign of sexual harassment. An employee or employer being very touchy even when asked to stop would be another sign.

There are two types of sexual harassment: quid pro quo sexual harassment- the harasser requests sexual activity from the harassee in exchange for work benefits ( "I will give you that raise you asked for, but you need to sleep me first") and hostile environment sexual harassment- the harasser creates an abusive, offensive or intimidating environment for the harassee ( the grabbing of private body parts, the use of sexually explicit language). In order to support a case of sexual harassment in the form of the two above, the victim would have to be able to prove and persuade others that the alleged activities happened. "Built into the elements of hostile environment sexual harassment is a requirement that the offending activity be sufficiently severe and/or pervasive. That is, the activity is not an isolated occurrence that is not serious enough to warrant undue concern. The more frequent or serious the occurrences, the more likely it is that the severe and/or pervasive requirement will be met. If it is egregious enough, one time may meet the severity requirement, for example, in the case of rape (Bennett-Alexander & Hartman, 2007, p. 414)."

Sexual Harassment (N/A). Retrieved from https://www.eeoc.gov/laws/types/sexual_harassment.cfm

Bennett-Alexander, D.D., & Hartman, L.P. (2007). Employment Law for Business (8th ed.). Retrieved from The University of Phoenix eBook Collection database.