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There are two types of sexual harassment that are legally recognized:
1. Quid pro quo sexual harassment
Quid pro quo sexual harassment occurs when an employee gets on the promotion track or even
gets to keep his/her job is based on if the employee submitted to or rejected sexual advances or
other types of inappropriate sexual comments. For example, if a supervisor were to tell an
employee she would be more likely to be promoted if she dressed sexier, that would be
considered quid pro quo sexual harassment.
2. Hostile environment sexual harassment
This type of sexual harassment occurs when a co-worker or supervisor in the workplace makes
sexual advances or comments to an employee that, while not affecting promotions or the future
of the employee's job, makes the working environment of the employee offensive and hostile. In
general, the comments tend to affect the employee's ability to do her job. Some instances of
hostile environment sexual harassment can be:
i.
ii.
iii.
iv.
If the employer was aware, or should have been aware, of the sexual harassment and did not take
action to discipline the offender and correct the situation, the employer can be liable as well as
the offender.
Sexual harassment is typically directed at women, but men can also be victims. Here is a brief
description of the five common types:
1. Threatening A person is threatened or offered rewards promotions, raises, etc. in return
for sexual favours. A direct or implied threat often accompanies such a proposition, making it
clear that the victims career will be jeopardized if he or she doesnt comply with the request.
2. Physical harassment This occurs when a person is unwillingly touched. Some examples of
physical harassment include, but are not limited to: touching a persons clothing, hair or body;
hugging, kissing, patting or stroking; massaging a persons neck or shoulders; or standing close
to or brushing up against a person.
3. Verbal harassment This comes from anyone within the firm and or other workplace or a
person who does business with the firm or company. Some examples are: referring to an adult as
a babe, honey, girl or stud; whistling at someone; turning work discussion to sexual topics;
asking personal questions of a sexual nature; making sexual comments about a persons clothing,
anatomy or looks; or asking someone repeatedly for dates and refusing to take no for an answer.
4. Non-verbal harassment (body language) Examples of non-verbal harassment include:
suggestive looks; prolonged staring; giving unwanted personal gifts; winking and making sexual
gestures with the hands or body movements.
5. Environmental harassment Sexually suggestive pictures or objects displayed in the
workplace may offend people. These items depict women or men as sex objects. It is important
to note that, if your office is a place where others have to enter to do work, you must ensure that
you are not causing a hostile or offensive environment.
CAUSES
There are many causes of sexual harassment but most important one is the culture and values
system and the relative power and status of the men and women in our society. The way in which
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men and women are brought up in India strongly influences their behavior in an organization.
Women often lack self confidence because of the way they have been socialized and are
customized to suffer in silence.
Whereas men are brought up with macho beliefs, who consider females a mere toy to play with
and easily carry these values into the workplace. Such patriarchal viewpoints create a atmosphere
that allows men the freedom of sexual harassment in the workplace, while women remain
vulnerable. Women are vulnerable to sexual harassment because they more often lack power and
often work in an insecure positions. Due to the fear factor women often resign to their fate rather
than raise their voice against sexual harassment. Since they do not know where to go for
complain and how their complain would be treated, they often keep quit and suffer in ignominy.
Some times sexual harassment is also seen as a power game, where man insists on sexual favors
in exchange of benefits he can dispense with due to his prevailed position. The 'casting couch' is
probably the best-known example of such power game. As recent economic and social changes
have changed power relations between men and women in the Indian society, men are feeling a
sense of insecurity. With women now being empowered, some men feel threatened by their
career advancement. To over come such insecure feelings, some men resort to harassing women
in the work place.
Sometimes men are stressed in the work place because even after putting their best, they do not
get proper recognition, where as women with little talent are preferred for being fair sex in an
organization. This sometimes causes frustration and such men resort to sexual harassment to
overcome their stress. Its not only men who are to be blamed all the time, some women think that
the real women have to look sexy. They see sexuality as their only power base to play along.
Such attitude of women sometimes invites sexual advances by men at the work place and then
become a case of sexual harassment. One of the major reason that sexual harassment goes on
unabated because the organization in order to safeguard its image do not entertain complaint and
disciplinary procedures to deal with sexual harassment.
SUMMARY ARCTICLE 1
The article about Highland Park lawyer faces suspension over sexual
misconduct accusations, is talk about Paul M. Weiss misconduct was was
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SUMMARY ARCTICLE 2
The second article is about When the Supreme Court first declared sexual
harassment illegal the
developed along two separate tracks since the Supreme Court said in 1986
that it violated Title VII of the Civil Rights Act. That law prohibits employers
from discriminating against workers because of their race, sex, religion and
national origin.
"Perhaps the Supreme Court," Posner wrote after the appeals court could not
agree on the law, "will bring order to the chaotic case law in this important
field of practice." In a recent opinion, Richard Posner, chief judge of the 7th
U.S. Court of Appeals in Chicago, all but begged the justices to once again
enter the fray.
As the issue of sexual harassment has dominated front pages and coffee
shop chatter this year, so too has it preoccupied the Supreme Court. Already
it has heard three significant cases that will give new focus to the often
murky law, and this week, it will take up the fourth and possibly most
controversial.
It is the same Chicago case Posner had urged the justices to review. In it, the
court will decide whether an employee can sue for sexual harassment even if
she suffers no tangible job setbacks after rebuffing her supervisor's
advances.
So from this arctile , we can see that sexual harrastment always happen at
the workplace , school etc. And this issue will become big if not solve it.
SUMMARY ARCTICLE 3
The last arcticle is about President Pranab Mukherjee has given his assent to
a bill under which cases of sexual harassment at workplace.
Repeated non-compliance of the provisions of the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) law, can lead to
higher penalties and even cancellation of licence or registration to conduct
business.
As per the act, sexual harassment includes any one or more of unwelcome
acts or behaviour like physical contact and advances, a demand or request
for sexual favours or making sexually coloured remarks or showing
pornography.
Non-compliance with the provisions of the act shall be punishable with a fine
of up to Rs 50,000. It has also provisions for safeguard against false or
malicious charges.The apex court's judgement in the case not only defines
sexual harassment at workplace but also lays down guidelines for its
prevention and disciplinary action.
And from this arcticle i can know that Indians country have a the new law
brings in its ambit even domestic workers and agriculture labour, both
organised and unorganised sectors to protect the right of workers there.
Employers that are able to break free from old paradigms and release outdated views of how the
sexes interact can help develop a culture where employees feel not only safe, but feel confident
to discuss issues when they occur. These tactics help people to resolve issues before they reach
crisis level. In addition, employers can implement systems that include a designated person to
manage claims and support individuals that have been victimized by acknowledging that this is a
form of abuse that requires disciplinary action including termination from the perpetrator should
they be found guilty.
Get high level support from the chief executive officer and senior management for
implementing a comprehensive strategy to address sexual harassment.
Develop a written policy which prohibits sexual harassment in consultation with staff and
relevant unions.
Regularly distribute and promote the policy at all levels of the organisation.
Provide the policy and other relevant information on sexual harassment to new staff as a
3. Provide regular training and information on sexual harassment to all staff and management
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Conduct regular training sessions for all staff and management on sexual harassment and
the organisational policy. Ensure that the training is specific about the types of behaviours
harassment.
Display anti-sexual harassment posters on notice boards in common work areas and
distribute relevant brochures.
Line managers should understand the need to model appropriate standards of professional
and harassment issues as part of their overall responsibility for human resources.
Check that managers are fulfilling their responsibilities through performance appraisal
schemes.
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CONCLUSION
Sexual harassment in a work place is a sensitive issue. It cannot be checked merely providing
staff members information about the sexual harassment policy or relying on disciplinary action.
The organization must play proactive role, provide behavioral support and discuss this aspect as
a part of the work routine. The staff must nurture an inclusive, supportive, and respectful
environment in the office in order to build a congenial working atmosphere.
Equally important is that the organization must support the victim of sexual harassment, and help
to overcome the negative effects of such an experience.
Finally, every working women must know that it is high time to stand up and fight for such
injustices. Its only then sexual harassment in work place can be checked.
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REFERENCE
Adler, L. (2013). The essential guide for hiring and getting hired. Atlanta, GA: Workbench
Media.
Chopra, D. (2013, August 16). 21 day meditation challenge: Miraculous relationships. Retrieved
June 16, 2016, from chopracentermeditation.com: https://chopracentermeditation.com
Clarkson, K., & Miller, R. (2012). Business law: Text and cases: Legal, ethical, global and
corporate environment. Mason, OH: Cengage Learning.
Fredman, S. (2011). Discrimination law. New York, NY: Oxford University Press.
Gordon, L. (2007). The sexual harrassment handbook. Franklin Lakes, NJ: The Career Press,
Inc.
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