Sexual harassment & the Clarence Thomas Hearings
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Sexual harassment has become a major topic of discussion and concern recently not because it is a new problem, which it is not, but because of the notoriety given the subject by the Senate confirmation hearings for Justice Clarence Thomas and the allegations of Anita Hill raised at those hearings. This event made the nation more aware of the problem and initiated a debate on the subject that continues today. Many businesses have instituted policies regarding sexual harassment in the workplace and what to do about it both before it occurs and after, but many other companies have avoided taking the necessary steps and have either pretended that the problem does not exist or have simply failed to address it. Most business analysts today find that this is not the best approach; that some policy should be developed, implemented, and communicated in the organization both to prevent the problem from developing and to show a commitment to dealing with it if it does. The Senate hearings that brought this issue to the fore were a mixture of manipulation and honesty, with great uncertainty on the part of the viewing public as to which was which. Joe Klein (1991) noted one effect of the hearings, however unintended: "Obviously, the office watercooler will never be the same--legions of men who thought their come-ons were cool or clever, or welcome, will think twice before they pat their next tush or crack their next joke" (p. 31). In truth, this is not certain at all, and the argum
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ining to all employees (pp. 23-25).
The legal issues involved are important to employers and employees alike. The Civil Rights Act of 1991 generally does not make anything new illegal but only lists things that were already illegal. What it does do is increase the likelihood that employees will sue by making their discrimination cases easier to win and by making the damages they can win more substantial. Sexual harassment can come under this heading. It is a form of sex discrimination that violates federal, state, and most local laws. There are two forms that sexual harassment can take. The first is a quid pro quo form that occurs when a supervisor conditions the granting of some economic benefit on a subordinate's providing sexual favors or punishes the subordinate who does not provide such favors. The second is a hostile work environment that occurs when supervisors and/or co-workers create an atmosphere so filled with unwelcome sexually oriented conduct or otherwise hostile conduct that the reasonable comfort level or ability to perform on the part of the employee is impaired (Plavner, 1992: p. 48).
Employers are concerned about their liability in cases of sexual harassment. The first courts to define the scope of Titl
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Approximate Word count = 2118
Approximate Pages = 8 (250 words per page)
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