The United States EEOC (Equal Employment Opportunity Commission) defines sexual harassment at the work premises as unwanted sex behaviors that affect the efficiency of the employee or creates fear (Moffat, 2011). Sexual harassment involves intimidating jokes on sex or unnecessary touching. The victims of sexual harassment can be men and women. The federal and state laws safeguard the employees from sexual harassment in the work environment. Organizations have created strategies to discourage sexual harassment at work due to the prevalence of sex cases. Title V11 of the Employment describes the legal issues related to sexual harassment (Moffat, 2011). Sexual harassment in the work surroundings needs to be minimized through enforcing the laws that safeguard employees and implementing the strategies.
Key Legal Issues around Employment Law as Related to Sexual Harassment in the Workplace
Title V11 of the Employment Laws defines the issues related to sexual harassment in the work surroundings. Under this section, there are two kinds of sexual harassment which include hostile work surroundings and quid pro quo (Moffat, 2011). The quid pro quo type of harassment involves sexual favors from the juniors to the executives in the company for them to get promotions or benefits. A single sexual action qualifies the accuser to file a claim on quid pro quo harassment (Moffat, 2011). The quid pro quo case is evident in modern organizations. Employees offer sexual favors to the senior managers to promote them or retain their position in the companies. Some of the applicants have to offer sex to the recruiters acquire a position in a company. Other applicants have to offer sex because they have low qualification for an employment position.
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On the contrary, hostile work environment focuses on multiple sexual actions on the victim. Hostile work harassment involves unnecessary sexual advances that make the victim uncomfortable (Moffat, 2011). The court takes into account several factors when assessing cases related to a hostile environment. Firstly, the court has to determine the nature of the sexual conduct. It can be physical or verbal. The court then proceeds by assessing the number of times the accused individual has committed the sexual offense (Moffat, 2011). In a hostile work environment claim, the accused person has to carry out the sexual behavior frequently. Further, the court has to determine the intensity of the sexual conduct. It can be offensive or hostile. The court is responsible for establishing the position of the position of the sexual harasser in the company. The accused person could be a manager or an employee. It is the responsibility the court to determine the parties responsible for the sexual harassment act (Moffat, 2011). There could be more than one party that is involved in acting. Finally, the court is responsible for assessing the sexual victims (Moffat, 2011). More than one employee could be sexually harassed.
The alleged victim has to fulfill subjective and objective conditions. The alleged victim has to accept that the sexual behavior was offensive and hostile subjectively. Further, the victim has to objectively accept that the sexual conducts were hostile and offensive (Moffat, 2011). The court can proceed with the case after the victim makes subjective and objective declarations.
In the case of Ani Chopourian vs. Catholic Healthcare West (2012), the judge ruled that the accused violated the Title V11 Employment Act. The judge categorized the sexual act under in a hostile work environment. Chopourian had been making allegations on the sexual act for the previous two years before her case was brought in the court. The judge set the compensation of $ 82 million due to sexual harassment (McCoy, 2017). In the case of Ashley Alford vs. Aaron’s Rents (2011), the judge concluded that the accused had violated the fourth title of the Employment Law. The accused had to compensate the sexual victim $ 41.3 billion. Alford had reported the issue to the company, but they did not take any action. The sexual harassment case was categorized under a hostile work environment. She was prompted to take the issue to court (McCoy, 2017).
Federal and Texas State Laws that Guide Human Resource Professionals
The federal laws guide the conduct of human resource professionals in the workplace. One of the federal laws that govern human resource professionals is the Civil Act of 1964. The Act outlines the hiring, retaining, training processes that the human resource managers should use. The HR professional should not ask for sexual favors for them to hire employees ( Aiken, Salmon, & Hanges, 2013) . Title V11 of the Act outlines the definitions and basics of sexual harassment at work. The human resource professionals use the Act as a reference to a sexual case in the work premises. The law applies to public and private corporations with more than 15 employees ( Aiken, Salmon, & Hanges, 2013) .
Under the Texas Law, the human resource professional should not hire or retain employees due to sexual favors. The human resource professionals who are found to violate the law are subject to punishment such as suspension from work. The law also discourages human resource professionals from recruiting employees based on sex. Texas law defines the types of sexual harassment in the workplace which human resource professionals should discourage (Moffat, 2011).
Description of how Organizations are addressing the Special Challenges
The organizations are changing the cultures to integrate similar opinions to all employees. The employees have different views and reactions to the law. As a result, a multi-cultural environment is created in the workplace. Organizations are transforming the views of all their employees to prevent the formation of various groups in the work environment. The organizations encounter challenges in incorporating the law in the multi-cultural environment. The individuals in the multi-cultural environment have different ideas which cause the rise in conflicts (Glinkowska, 2016) . It is easier to implement the laws in a new culture because all the organizational members have the same views. The change in the organization’s culture assists in the adherence of the law.
The organizations are involving all the employees in implementing the law. The employees will have a positive attitude towards the law because they will feel they are part of the implementation process. The organizations are giving employees a chance to contribute to the plans of implementing the regulations. Employee involvement is essential because it increases their motivation in performing tasks. The employees get motivation on enforcing the laws ( Glinkowska, 2016). Consequently, the organizations succeed in incorporating the laws. Through the involvement of the employees, it is easy to locate the ones who do not adhere to the laws.
Organizations are defining the meaning, goals, significance, and implications of the law to the employees. Some of the employees eject laws or plans that are unclear to them. It is essential to define the purpose and effects of the laws or strategies to the employees. Employees embrace the laws and plans after they get clear information about the purpose. For instance, organizations address the employees that the laws aim to prevent sexual discrimination in the work environment (Glinkowska, 2016) . The employees can support the laws and report any cases of sexual discrimination after acquiring knowledge on their significance. Employees adhere to the law by understanding its goals and implications in the workplace.
Organizations are encouraging teamwork among employees. Teamwork enhances relationships and unity in an organization. It also increases efficiency in an organization. Organizations are motivating employees to form groups that will strengthen the implementation of the laws and report any case on sexual harassment. Teamwork increases accountability among group members (Glinkowska, 2016) . The group members assess each other on the adherence of the law.
Current issues impacting organizations
Sexual harassment has increased in the workplace because many employees want to retain their positions, get promotions or secure employment. The rate of unemployment has risen with an increase in the employee workforce. Many employees are desperate in retaining their employment positions. These employees can sacrifice anything to stay longer in their positions. Other employees want to get promotions, but they do not have the recommended qualifications. They can offer sex to get high positions in the organization ("Sexual harassment in the workplace: how organizational policies can make a difference," 2018) . People can offer anything because the management positions have high salaries and many allowances.
Securing an employment position has become a challenge in the current economy. The young people are desperate in securing a job position, and this prompts them to offer sex to their recruiters. Some people do not have qualifications, but they decide to offer sexual favors to get the employment position. The cases on retaining, promoting, and hiring new employees have increased sexual discrimination in the workplace ("Sexual harassment in the workplace: how organizational policies can make a difference," 2018) . Subsequently, the cases on sexual discrimination will increase because the hired employees will also use the same skills to recruit new applicants.
Effects of the “Me Too” Movement in the Workplace, Human Resources and Employees
The “Me Too” campaign has created an awareness of sexual harassment in the organizations. Many employees have gotten an opportunity to address their sex cases or experiences in their work environment. The campaign has a positive effect on the work surroundings. It has controlled the conduct of employees who ask for sexual favors. As a result, there is an increase in honesty, trustworthiness, and commitment in the workplace (Mills, n.d.). The “Me Too” has reduced the cases of corruption in the organizations. People have to follow legit ways of acquiring employment positions. The employees will retain their position or get promotions genuinely (Mills n.d.). It also increases the efficiency of an organization. The human resource professionals recruit employees with the right qualifications (Mills, n.d.). The performance of the organization increases because high-qualified managers are recruited.
Besides, the "Me Too" campaign has increased momentum in organizations. The employees can report any sexual harassment case immediately (Mills, n.d.) . The members cannot attempt to make sexual advances because the victim can raise the case at any time. Some of the organizations have changed their policies because some of the victims claim that they encourage sexual harassment (Mills, n.d.) . They have transformed their policies to discourage sexual activities in their work environment.
The “Me Too” movement has increased awareness among human resource professionals. Human resource professionals take action on the employees who are found guilty of harassing their colleagues sexually. The HR professional can suspend or fire the employees (Mills, n.d.) . Human resource professional can leave their positions in case the company’s executive is not willing to implement the right actions on reducing sexual harassment. The movement has increased trust and unity among human resource employees. The HR employees will recruit employees based on their qualifications (Mills, n.d.) . Human resource professionals cooperate to prevent sexual harassment n the workplace.
The “Me Too” campaign has increased the accountability of the employees and managers. The employees or managers cannot harass their colleagues sexually for them to attain positions in the organization. The employees and managers in the companies can be trusted (Mills, n.d.) . The campaign has improved the conduct of employees and the management in the organizations. The employees cannot use unwanted methods to attain executive positions in the company. The employees have to use the recommended processes to retain their posts in the organizations (Mills, n.d.) . The managers have to recruit or hire employees with the right qualifications.
In conclusion, the Employment Law safeguards employees from sexual discrimination from their seniors or colleagues. Sexual discrimination involves unwanted sexual activities in the work environment that affect the employee’s performance negatively. The federal law such as the Civil Rights Act of 1964 also protects employees from sexual harassment. Texas has created laws that protect the employees in the companies from sexual harassment. Organizations encounter challenges in implementing the law because some employees violate them. The organizational have multi-cultural environment because some employees do not support the law. Companies create a new culture and encourage teamwork to enhance the adherence of law among the employees. Some organizations define the goals of the law and involve employees in the implementation process. The current issues that influence the organizations are an increase in sexual harassment cases due to the rise in the demand for promotion and employment positions. The “Me Too” movement has created momentum in organizations and among employees. Managers and human resource professionals need to incorporate employment laws and create strategic plans to reduce cases in sexual harassment.
References
Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The origins and legacy of the civil rights act of 1964. Journal of Business and Psychology, 28 (4), 383-399. doi:http://dx.doi.org/10.1007/s10869-013-9291-z
Glinkowska, B. (2016). Managing Teams in the Multicultural Organizations. Journal of Intercultural Management , 8 (2), 55-70.
McCoy, K. (2017). Sexual Harassment: Here are some of the most significant cases. Retrieved from https://www.usatoday.com/story/money/2017/10/25/sexual-harassment-here-some-biggest-cases/791439001/
Mills, A. Employment Law and the #Me Too Movement - Employment Law Handbook. Retrieved from https://www.employmentlawhandbook.com/resources/employment-law-me-too/
Moffatt, J. (2011). Employment law . Oxford: Oxford University Press.
Sexual harassment in the workplace: how organizational policies can make a difference. (2018). Retrieved from https://phys.org/news/2018-01-sexual-workplace-organizational-policies-difference.html
