Sexual Harassment in the Workplace Essay

4722 Words Feb 27th, 2013 19 Pages
Katherine Hase
November 29th 2012
Research Paper Sexual Harassment in the Workplace The phrase “sexual harassment” became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines. Harassment in the workplace is an increasing problem, which many employees do not know how to deal with. Harassment based on sex is a violation of Title VII of the Civil Right Act 1964. Title VII states,
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Cases may vary depending on the individuals involved and past histories. Consideration must also be given to the context in which the behavior took place. The nature of the sexual behavior, as well as the record as a whole must be considered also. Section C and D addresses the employer’s liability. Section C states, the employer may be held “strictly liable” for harassment by supervisors, whether they were aware of the harassment or not. Employers are still liable, even if there was a company policy prohibiting this type of conduct. Section D states, the employer is liable for co-worker harassment when the employer is cognizant of the behavior and fails to take immediate and appropriate action. The term “strictly liable” only applies in Quid Pro Quo situations, in which tangible job benefits were affected. In hostile environment situations, employers are granted the opportunity to take appropriate action before they will be penalized. Section E states, the employer may be held responsible for sexual harassment of its employees by people who are non-employees, such as customers. These cases are only reviewed when employers are aware of the sexual harassment wrongdoing. In these cases, the employer’s control of the situation is examined closely, before litigation is considered. Furthermore, section F and G are the last two sections of the

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