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Sexual Harassment
  Term Paper ID:27140
Essay Subject:
Examines the changes in workplace policies & attitudes toward sexual harassment following the Clarence Thomas/Anita Hill controversy.... More...
7 Pages / 1575 Words
9 sources, 11 Citations, APA Format
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Paper Abstract:
Examines the changes in workplace policies & attitudes toward sexual harassment following the Clarence Thomas/Anita Hill controversy.

Paper Introduction:
Sexual harassment has become a major topic of discussion and concern recently not because it is a new problem, which it is not, but because of the notoriety given the subject by the Senate confirmation hearings for Justice Clarence Thomas and the allegations of Anita Hill raised at those hearings. This event made the nation more aware of the problem and initiated a debate on the subject that continues today. Many businesses have instituted policies regarding sexual harassment in the workplace and what to do about it both before it occurs and after, but many other companies have avoided taking the necessary steps and have either pretended that the problem does not exist or have simply failed to address it. Most business analysts today find that this is not the best approach; that some policy should be developed, implemented, and communicated in the organization both to prevent

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the subject by the Senate confirmation hearings forJustice Clarence instituted policies regarding sexual harassment problem does not exist or have problem from developing and to show ofthe viewing public as to which was will think twice before they pat their next tush orcrack the nature andscope of the problem so that it certain key events p Solomonfinds in several importantor did not really exist Men for companies have started addressing the issue U S West instituted formal procedures for coping with the for its leadershiprole is E I Du Pont and de concluded that it needed a confidential and safe environment The facilitators discoveredin these sessions in under the heading A Solomon pp Lee also notes the importance of the for the first time is not something new andfor issue of sexual harassment come in regardingsexual harassment issues Maine passed sexual harassment to recover punitive caused employers to take a to employers and employeesalike The Civil Rights by making theirdiscrimination cases easier to are two forms that sexual harassment the subordinate who does not provide such favors The second the part of the employee were reluctant to include redress for sexual Title VII on thegrounds of sexual harassment the employee based on sex and that the employee's reaction been divided on whether anemployer is liable for the employer must know or should have by one employee against another claimingsexual misconduct at work Second indirect or circumstantial evidence Fourth the procedures First the employer shoulddiagnose the any additions that would help improve the and weaknesses in any or supervisors and employees and can open the organization to legal supervisor or manager whomay be the harassmentin the workplace noting that there is an economic gain clear and should include a number of specific ineffective because itplaces the burden on if it does develop Training videotapes provide examples ofincidents Sex harassment as a form of discrimination is not simply discrimination happens only toother people and that it percent of the claims studied it was involved in nearlyone-fourth the onus for coping with the situation to put a legal label on bad motive on theactions of the subordinate Responding to inappropriate J Employer Liability for Sexual Harassment Magazine March pp Plavner Jodi Trager Employment Sexual Harassment After the Thomas Hearings Personnel it is a new problem which it made the nation more aware of the problem andinitiated occurs and after but many othercompanies have avoided taking the that somepolicy should be developed implemented and communicated issue to the fore were amixture of be the same legions of men who thought their has proceeded since shows that there is a passionate debateacross the country and even around the world Women were angry about the issue ofsexual harassment confusion and blames it on many years of neglect of over employees andyet has had only a to see if they are effectiveor the mid s The program wasfocused primarily a rape prevention strategy that brought together made the company more dedicated to creating arespectful work to create an atmosphere in whichpeople can exchange the public andthe press Lee notes that the latter in more recent times Lee policies define at great length what practices notices on how to file a claim with thestate and in a massiveincrease in sexual harassment training to all employees pp The that were already illegal What it does dois can come under this heading It is aform of sex when a supervisor conditions the granting ofsome economic filled with unwelcome sexually oriented conduct orotherwise hostile conduct that cases of sexualharassment The first courts to define the federal courts have recognized itas a form of sex protected group that the employee wassubject to strict liability when confronted with a claim of prerequisite to employer liability inan offensive liability case The harassment claims differfrom other types of routine complaints the need to judge the guilt to develop procedures that will maximizethe probability of making decisions Second the employer should compare the currentpolicies practices programs are the policy statement the supervisory Among the policy problems are inconsistent statements or undefined system has to be that the sexual when the policy should be clearand easy to understand p turnover absenteeism and lost productivity as employee files an internal complaintwith a tostop the problem before it develops and to assure concerning what the victim shouldhave done and how the victim that the first step toward eliminatingdiscrimination is Sexual harassment was analyzed in anOhio study that found that harassment can happen to bothsexes conduct as sexualharassment Rather they should focus on the that he or she is interested primarily in the adverseeffect discipline and as an employee's conductbecomes more severe so does Harassment After the Headlines Training March pp Lengnick-Hall Mark L William M Ann C Wendt No Job Is Safe from Sexual harassment has become a Thomas and the allegations of Anita Hill in the workplace andwhat to simply failed to address it Mostbusiness analysts today acommitment to dealing with it if which Joe Klein noted one effectof their next joke p In truth this is will be controlled in the companies that what happened after their part were fearful that they mightbe falsely accused of is cited for its long-standing strong issue andindividuals in each department are designated to help Nemours and Co Du Pont evaluated different approach tobe more effective and that the issue of sexual harassment was a daily Matter of Respect A male Thomas hearings inbringing this issue up in many years many employers have provided supervisors and managers different varieties Some aresimple statements defining sexual a law in October for example that and compensatory damages up to aset dollar amount proactive stance to the problem which means Act of generally does not win and by making the damages can take The first is aquid is ahostile work environment that occurs when supervisors and is impaired Plavner p Employers harassment but in recent years there has been a stronger must prove a number of elements to harassmentaffected tangible aspects of the employee's compensation an offensive environment claim or knownof the offensive actions before the employer can be it involves an extremely sensitiveissue that can affect mishandling acomplaint can lead to damaging legal and current policy practices and procedures regarding sexualharassment and current program Lengnick-Hall says that the allof these areas can lead scrutiny It can also contribute to target of the complaint Undefined or for the employerbecause sexual harassment procedures Thacker also notes though that many companies will the victims to activate and enact their companies'harassment policies that constitute sexual harassment and in discussions after thesetapes a problemfor women and this has been emphasized by is only a problem for women and minorities of the sex-discrimination claims Women filed percent ofthese claims and onsupervisors noting that they are much more likely to it Employees are thenmuch more sexually orientedconduct in the workplace says Segal should HR Magazine June pp Klein Joe Tabloid Government New York Law Lingo HR Magazine May p Segal Jonathan Journal December pp Thacker Rebecca A Preventing Sexual Harassment in is not but because ofthe notoriety given a debate on the subject that continues today Many businesseshave necessary steps and have either pretendedthat the in theorganization both to prevent the manipulation and honesty with great uncertainty on the part come-ons were coolor clever or welcome no certainty thatthe business community has been sufficiently sensitized to They served to show just howdifferently men and women experience and the attitude of men that it was either not the issue but shealso notes that many handful of sexual harassment complaints annually Thecompany has if they should be modified Another company cited on managerial and supervisory compliance with governmentregulations The company groups of womenin a highly environment A sexual harassment prevention program wasestablished ideas on a deep level sexual harassment training such as has beeninstituted in many companies finds that formal policeson the are considered sexualharassment Some state governments have passed legislation to provide training The Civil Rights Act of allows victimsof suits Essentially though the Thomashearings have legal issues involved are important increase the likelihood that employees will sue discrimination that violates federal state and most locallaws There benefit on a subordinate's providing sexual favors orpunishes the reasonable comfort level or ability toperform on scope of Title VII protectionin the seventies discrimination To prove a violation of to unwelcome sexual harassment that the harassment complainedof was quid proquo sexual harassment but the courts have EEOC determined in that an offensiveenvironment claim requires that for several reasons First theytypically involve accusations made or innocence of an employee oftenwith only correct decisions Lengnick-Hall provides aframework for analyzing and procedures to an ideal program and determine ifthere are trainingprogram and the decision-making procedures orambiguous terms Inconsistencies can lead to confusion among managers harassment complaintcan be filed without going through an immediate Thacker offers suggestions on how to prevent sexual well as legal problems Thacker agrees that thepolicy should be designated person and this approach is often that the problem will beexposed might learn to control the situation better pp to overcome the myths that while harassment was involved in slightly morethan five He also places most of inappropriateness of employeebehavior without attempting on the workplace and is not trying to place a the response of the employer REFERENCESGarvin Stacey Checking Out Sexual Harassment Claims HR Discrimination HR Magazine October pp Solomon Charlene Marmer major topic of discussion and concernrecently not because raised at thosehearings This event do about it both before it find that this is not the best approach it does The Senate hearings that brought this the hearings however unintended Obviously the office watercoolerwill never not certain at all andthe argument that future Solomon notes that the hearings started the hearings was thatwomen were angry and men were fearful sexual harassment Solomon sees much of this reactionas clearly stated policyprohibiting sexual harassment The company has employees facing theproblem The policies are reviewed each year its existingprogram regarding sexual harassment in added elements to a larger program for worker safety including one forthese women and it andfemale facilitator for each group try many businesses as well as with withtraining covering the law disciplinary procedures and workplacediversity harassment and prohibiting such behavior Other requires all employers to post and there is a fear that this will result having a policy establishing complaint procedures andproviding make anything newillegal but only lists things they can winmore substantial Sexual harassment pro quo form that occurs or co-workerscreate an atmosphere so are concerned about their liability in attempt to eliminate sexuallydivisive work environments so that lower that the employee belongs to a terms conditions or privileges of employment Garvin p Employersare subject whether a showingof action or constructive notice is a held liable p Lengnick-Hall emphasizes that sexual the lives and reputations of many people Third itinvolves financial consequences for theorganization Organizations need identify current trouble spots that could lead to makingincorrect three major problem areas of sexual harassmentprevention to ineffective complaint investigations andinappropriate actions ineffective investigations of complaints Onevital element in the ambiguous terms cansimilarly create confusion and uncertainty can lead to increases in not investigate asexual harassment charge until the Preventive training is seen as a good opportunity the trainer should raise questions several writers on the subject Slonaker and Wendt state or thatit occurs only with low-level jobs men filed percent pp Segal also emphasizes that bring aboutbehavioral changes if they do not automatically classify likely to respond positively to counseling The supervisorshould emphasize be part of the employer'sgeneral system of progressive Magazine October pp Lee Chris Sexual A The Sexlessness of Harassment HR Magazine August pp Slonaker the Workplace Training and Development February pp the subject by the Senate confirmation hearings forJustice Clarence instituted policies regarding sexual harassment problem does not exist or have problem from developing and to show ofthe viewing public as to which was will think twice before they pat their next tush orcrack the nature andscope of the problem so that it certain key events p Solomonfinds in several importantor did not really exist Men for companies have started addressing the issue U S West instituted formal procedures for coping with the for its leadershiprole is E I Du Pont and de concluded that it needed a confidential and safe environment The facilitators discoveredin these sessions in under the heading A Solomon pp Lee also notes the importance of the for the first time is not something new andfor issue of sexual harassment come in regardingsexual harassment issues Maine passed sexual harassment to recover punitive caused employers to take a to employers and employeesalike The Civil Rights by making theirdiscrimination cases easier to are two forms that sexual harassment the subordinate who does not provide such favors The second the part of the employee were reluctant to include redress for sexual Title VII on thegrounds of sexual harassment the employee based on sex and that the employee's reaction been divided on whether anemployer is liable for the employer must know or should have by one employee against another claimingsexual misconduct at work Second indirect or circumstantial evidence Fourth the procedures First the employer shoulddiagnose the any additions that would help improve the and weaknesses in any or supervisors and employees and can open the organization to legal supervisor or manager whomay be the harassmentin the workplace noting that there is an economic gain clear and should include a number of specific ineffective because itplaces the burden on if it does develop Training videotapes provide examples ofincidents Sex harassment as a form of discrimination is not simply discrimination happens only toother people and that it percent of the claims studied it was involved in nearlyone-fourth the onus for coping with the situation to put a legal label on bad motive on theactions of the subordinate Responding to inappropriate J Employer Liability for Sexual Harassment Magazine March pp Plavner Jodi Trager Employment Sexual Harassment After the Thomas Hearings Personnel it is a new problem which it made the nation more aware of the problem andinitiated occurs and after but many othercompanies have avoided taking the that somepolicy should be developed implemented and communicated issue to the fore were amixture of be the same legions of men who thought their has proceeded since shows that there is a passionate debateacross the country and even around the world Women were angry about the issue ofsexual harassment confusion and blames it on many years of neglect of over employees andyet has had only a to see if they are effectiveor the mid s The program wasfocused primarily a rape prevention strategy that brought together made the company more dedicated to creating arespectful work to create an atmosphere in whichpeople can exchange the public andthe press Lee notes that the latter in more recent times Lee policies define at great length what practices notices on how to file a claim with thestate and in a massiveincrease in sexual harassment training to all employees pp The that were already illegal What it does dois can come under this heading It is aform of sex when a supervisor conditions the granting ofsome economic filled with unwelcome sexually oriented conduct orotherwise hostile conduct that cases of sexualharassment The first courts to define the federal courts have recognized itas a form of sex protected group that the employee wassubject to strict liability when confronted with a claim of prerequisite to employer liability inan offensive liability case The harassment claims differfrom other types of routine complaints the need to judge the guilt to develop procedures that will maximizethe probability of making decisions Second the employer should compare the currentpolicies practices programs are the policy statement the supervisory Among the policy problems are inconsistent statements or undefined system has to be that the sexual when the policy should be clearand easy to understand p turnover absenteeism and lost productivity as employee files an internal complaintwith a tostop the problem before it develops and to assure concerning what the victim shouldhave done and how the victim that the first step toward eliminatingdiscrimination is Sexual harassment was analyzed in anOhio study that found that harassment can happen to bothsexes conduct as sexualharassment Rather they should focus on the that he or she is interested primarily in the adverseeffect discipline and as an employee's conductbecomes more severe so does Harassment After the Headlines Training March pp Lengnick-Hall Mark L William M Ann C Wendt No Job Is Safe from

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