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Sexual Harassment of Women in Employment

> Sexual harassment not only includes requests for sexual favors in return for job benefits; leering, intentional touching and patting, salacious gestures and other advances that invite sexual activity, and other verbal and physical abuse are also considered harassment.4 Since 1980, the definition has been expanded.

In 1988, the EEOC released a guidance notice updating the Commission's policies on sexual harassment in the workplace. In order for sexual advances to constitute sexual harassment, the conduct must be unwelcome. In addition, one of the following facts must be demonstrated: submission is made a term of employment; submission to or rejection of the conduct is used as a foundation for employment decisions; or the conduct creates a hostile environment. Other issues covered by the notice include: determining when conduct is unwelcome; determining if the environment is hostile; evaluating claims of constructive discharge; determining liability for harassment; and preventing sexual harassment.5 Although EEOC guidelines on sexual harassment may not be cited in a court decision, they are consistent with the current judicial trend and parallel the case law in several ways.6

Landmark court decisions have provided legal protection against four categories of sexual harassment: (1) harassment by employers or agents of employers such as supervisors and other management personnel; (2) harassment by co-workers; (3) harassment by clients, customers, and the general public; and (4) harassment that creates a sexually degrading work environment (for example, where women employees are required to wear revealing or sexually provocative uniforms).7

The courts have also defined two types of sexual harassment characterized as either role power or sexual power.8 Role power is abused when an employer (or agent of the employer) demands sexual activity as a condition of employment, which results in tangible job benefit or what is kno...

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Sexual Harassment of Women in Employment. (1969, December 31). In LotsofEssays.com. Retrieved 06:42, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1682801.html