Harassment instances often occur on a continuous basis and usually affect the victim tremendously at the workplace. People play too much hence provoking others intentionally or unintentionally. Some of the victimizers are often attracted to the individuals they interact with, while others are discussed by the circles they associate with. Sexual harassment often gives the victim the feeling of vulnerability to not just the actual harasser but also to others in the environment. Sexual harassment is against the law, and victimizers ought to be reprimanded for their actions. This paper discusses business laws in regards to sexual harassment while outlining some aspects and factors associated with the law on sexual harassment.
Laws associated with sexual harassment are used to evaluate, determine and convict cases of sexual harassment in the business environment. The immediate gratification that comes to a harasser is normally not worth the consequences that follow their actions. In many instances, people lose income, suffer unemployment, serve prisons time, subjected to fines, counseling, among other punitive measures. This is in addition to the embarrassment felt by families, co-workers, and friends for their actions. Usually, harassment laws favor the victim’s interests since they experience tremendous pressure in such occurrences. Often, harassment laws are preventive measures although they are also often executed when an act of harassment has been committed. Therefore, any individual who violates the act is subject to stipulated penalties according to this and other laws. It is against the law to unfairly treat an individual because they filed a complaint about prejudice, file a lawsuit for discrimination or participated in a prejudice investigation or a lawsuit.
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Most civil and federal laws prohibit two prominent forms of sexual harassment. The first, quid pro quo, entails unpleasant sexual advances and demand for sexual favors. The second refers to hostile environment harassment which interferes with the victim’s performance at the workplace by creating an unfavorable, offensive working environment. Quid pro quo harassment refers to situations in which individuals with power demand sexual favors from less superior employees in exchange for job favors such as promotion. On the other hand, hostile environment refers to situations in which sexual advances interfere with a person’s performance as a result of the hostile work atmosphere. Offensive behavior must be pervasive or severe. People who fall victim to sexual harassment can report internally or directly to the Equal Employment Opportunity Commission or a federal agency. If administrative remedies fail, victims can file a suit. The law encourages people to settle claims because it is both financially and psychologically less costly.
Charges for sexual harassment are precise to the actual circumstances in a case. For example, unwelcome sexual behavior is determined by evaluating all the circumstances and facts revolving around an incident and whether a reasonable individual would consider the actions offensive. Additionally, the claimant must communicate that the action or orientation is unwelcome. Unwelcome-ness is not necessarily communicated verbally; it can be through walking away or shrugging off. Punishment is a tool applied to avoid harassers to think that it is appropriate to interfere with other people’s issues and lives. Most laws strip harassers of their most valued aspects that facilitate their comfortable lives. Usually, most charges stipulated by law affect pay-checks, jobs, and freedom. In the event that the perpetrator harassed underage victims, they are doomed to more severe punishment. In the court of law, harassment of any kind is treated with the most magnitude. To illustrate that a particular employer has a stance in harassment, employees establish harassment policies for all members to comply.
Concerns over discrimination are more significant today than ever, in the modern dynamic business sector. It is challenging especially because organizations are constituted of employees from various age groups, race, and cultures. While most organizations with less than fifteen people are exempted from state discrimination laws, the majority of states have laws that prohibit discrimination in addition to defending a broader range of a group of employees. Smaller businesses due to their reduced procedural scope and evidentiary standards are more favorable to claimants. Even though there is an apparent tendency of judges to unfairly award plaintiffs high compensational amounts, litigation in the sector of the law can be considerably expensive. For example, it is estimated that the average litigation fees for defense in a sexual harassment case, despite the verdict, are at least seventy-five thousand dollars. Therefore, it is important to ensure that all stakeholders comprehend the basics of harassment and discrimination while valuing the advantages of a diverse environment. Companies are required to investigate any claims of sexual harassment. Failure to do so can subject business owners to liability under Title VII. Generally, business owners cannot be accountable for harassment between employees unless they fail or decline to investigate the complaint.
Several agencies, policies, and legislation have provided laws and policies to govern issues related to sexual harassment in the work environment. The creation of the Civil Rights Act of 1964 ushered federal prohibition of discrimination of all forms. Through multiple amendments and the addition of Title 7, the law inclusively addresses sexual harassment as discrimination. Title VII is the fundamental law that governs sexual harassment among other forms of discrimination at the federal level. Title VII applies to companies with at least fifteen staff members. Title VII does not entirely prohibit all conduct of sexual characteristic at the workplace, but just unwelcome sexual behavior that creates a hostile working environment for the subject. For example, the act does not apply in situations such as when a worker appointed for promotion has romantic interactions with the boss. Under the Civil Rights Act of 1964, all citizens have the right to learn, work and live free from any harassment. The Equal Employment Opportunity Commission is tasked with enforcing state laws that make it legally wrong to discriminate against an employee or applicant based on color, religion, race, disability or sex. EEOC published guidelines for the definition of sexual harassment at the workplace, as well as standards for approaching sexual harassment cases.
Conclusively, the law needs to hold both the employers and personnel accountable along with ensuring effective training programs are established to create awareness of sexual harassment issues. Businesses need to anonymously evaluate the effectiveness of their strategies and policies through focus groups and surveys with the aim of eradicating adverse workplace culture and behavior. The best approach to handling issues related to sexual harassment is publishing a sexual harassment policy. Sexual harassment policies should define sexual harassment and what it constitutes, as well as provide actual examples. A viable policy should state clearly its intolerability of sexual harassment at the organization. Moreover, it ought to declare that all harassment claims shall be investigated. Additionally, the policy should provide a simple procedure of complaint as well as designate at least three supervisors to whom members can address their claims. Also, policies should demand that managers’ report ant cases of harassment as soon as they become aware. Lastly, business policies should define the appropriate disciplinary actions the firm shall impose. Generally, business owners can avoid liability for harassment if they establish and comply with an anti-harassment policy. Sexual harassment cases are complex, so it is wise to seek the intervention of a business lawyer if an employee records a claim of harassment.
