22 Jun 2022

112

Equal Opportunity and the Law in the United States

Format: APA

Academic level: College

Paper type: Research Paper

Words: 599

Pages: 2

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Sexual harassment at work is a topic that most people avoid, and it brings a range of inappropriate jokes, comments, or actions that may be thought to be the norm. The reality is that both quid pro quo and hostile work environment are serious and attract heavy legal penalties ( Miller, 2014). The first source was derived from the internet due to its extensive information provided on the topic. The source also provides a distinctive difference between quid pro quo and a hostile environment. Therefore, employers and employees need to understand what sexual harassment means and constitutes. In this case, the quid pro quo occurs when an employment benefit is given contingent to sexual favors mostly between a person in a higher position and a subordinate ( Miller, 2014) . On the other hand, a hostile work environment is recognized when there are frequent pervasive sexual advancement or comments that are undesirable. 

The second electronic source from Swartz Swidler law firm’s website provides legal definitions and differences between quid pro quo and hostile environment. Given the increased prevalence rates of sexual harassment, people need a legal understanding of what constitutes the harassment in order to take appropriate action ( Swartz Swidler, 2018). Their website explains that a single incidence of quid pro quo is enough to warrant a legal lawsuit. However, the website further clarifies that a plaintiff must show that their employers failed to address the problem when sueing them. Nonetheless, if the hostile environment involved a supervisor, the employer would be automatically liable. 

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The third source is a scholarly journal article explore the different encounters of sexual harassment among female employees and their response against their undesired experiences. The article also looked at the awareness among women about the right to equal employment and discrimination based on sexual differences. Their cross-sectional survey revealed that harassment is routine and the majority of the women do not file legal lawsuits against the perpetrators of violence. Their silence either further illustrated their acceptance of being harassed at work or demonstrated a lack of knowledge on how to effectively approach such situations. Despite the current statistics showing an increased rate of sexual harassment, there are high possibilities of many cases being unreported ( Aman, Asif, Qazi & Aziz, 2016). As a result, the perpetrators and employers ignore the severity of the situation and its implication to the society. 

The fourth source is also scholarly and addresses alternative means of solving sex discrimination at work. The Civil Rights Act of 1964 has several sections among which sexual harassment falls under and is explained ( Spencer, 2017). The publication provides judicial justice and an understanding of constitutional rights to those who come forward with the problem. 

Finally, the last source is from the University of Kent and explains the sexual harassment at work is a show of moral disengagement. Therefore, perpetration, denial, and justification of the harassment is not only a moral problem but also a psychological problem in the society ( Page, 2015) . The findings of the thesis suggest that the morality of the problem is scarcely researched thereby people should give importance to the moral and psychological aspects of sexual harassment at work. 

Each of the sources is reliable and authentic as they bring a wide range of information to a reader. The information also provides legal and educational understandings of sexual harassment as part of the Equal Opportunity and Law in the country. However, the persistence of the problem should be eliminated by creating more awareness on the issue and its legal implications to people and their employers. 

References 

Aman, T., Asif, S., Qazi, A., & Aziz, S. (2016). Perception of sexual harassment at the workplace , knowledge of working women towards workplace harassment act 2010.  Khyber Journal of Medical Sciences (KJMS) 9 (2), 230-236. 

Miller, B., (2014). Sexual harassment in the workplace: Quid pro quo versus hostile work environment. HR Daily Advisor. Retrieved from https://hrdailyadvisor.blr.com/2014/09/03/sexual-harassment-in-the-workplace-quid-pro-quo-versus-hostile-work-environment/ 

Page, T. E. (2015).  Social cognitions that normalize sexual harassment of women at work: the role of moral disengagement  (Doctoral dissertation, University of Kent). 

Spencer, A. (2017). Alternative Means of Relief for Employment Sex Discrimination.  NC Cent. L. Rev. 40 , 61. 

Swartz Swidler. (2018). How do quid pro and hostile environment differ? Retrieved from http://swartz-legal.com/employment-law-resources/quid-pro-quo-hostile-environment-differ/ 

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StudyBounty. (2023, September 15). Equal Opportunity and the Law in the United States.
https://studybounty.com/equal-opportunity-and-the-law-in-the-united-states-research-paper

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