The Problem of Sexual Harassment at Work

Introduction

Sexual harassment has transformed the workplace into a hazardous environment. It is increasingly becoming a place where an innocent remark can threaten a perfectly good career. Unlike the past, when a kiss was just a kiss, a wink just a wink, or a joke just a joke, these gestures are no longer acceptable in the workplace. Ignoring this shift could result in facing the Equal Employment Opportunity Commission (EEOC) on charges of violating Title VII of the 1964 Civil Rights Act, which bans discrimination in hiring based on race, sex, creed, religion, or national origin (EEOC, n.d.). Following high-profile cases like Clarence Thomas and Bob Packwood, the number of sexual harassment cases has multiplied enormously. In 1990, the EEOC handled 6,127 complaints; by 1993, the annual total had almost doubled to 11,908 (EEOC, n.d.). Sexual harassment laws must be clarified because people's lives are being changed in negative ways.

The Definition of Sexual Harassment

What is sexual harassment? There are two main definitions: the common sense/behavioral definition and the guidelines set by the EEOC and the courts. The common-sense or behavioral definition of sexual harassment is a "deliberate and/or repeated sexual or sex-based behavior that is not welcome, not asked for, and not returned." According to the EEOC guidelines, unwanted sexual advances, requests for sexual favors, and other verbal or physical actions of a sexual nature become illegal when connected to a manager's or supervisor's decision regarding hiring, firing, pay, promotion, job assignment, or other aspects of employment. It also becomes illegal when such behavior interferes with an employee's ability to perform work or creates a hostile, offensive work environment (Meyer, 1981).

Examples of Clear Sexual Harassment

In many cases, sexual harassment is clearly evident. For example, women working at Hooters Restaurants were required to wear a tight-fitting T-shirt with "HOOTERS" written across the chest area (Newsweek, 1993). Another example is a case where a woman's male boss made comments like "Let's go to the Holiday Inn to negotiate your raise" or "you are just a dumb-ass woman." This man also asked female employees to put their hands in his pants pockets to retrieve change (New Republic, 1993). These cases are clear examples of what sexual harassment is.

Cases Where Sexual Harassment Is Unclear

In other cases, sexual harassment is not as evident, or it hasn't been conclusively proven. Yet, decisions are made, and heavy punishments are enforced. A recent case in Rhode Island involved a woman suing her former attorney/lover for $225,000, claiming he forced her into having sexual relations. The issue with this case is that she had intercourse with this man about 200 times over 18 months, and they even discussed marriage (Men's Health, 1994). She had no grounds for harassment because she dated and considered marrying this man; she was upset that he broke things off. Another questionable harassment charge involved a graduate student at the University of Nebraska. He was reprimanded by his department head after complaints from female coworkers who said he was creating a hostile work environment. His alleged harassment was a 5x7 photo of his "wife" in a bikini in his office (Men's Health, 1994). How can this cause a hostile environment when the picture is of his own wife and displayed in his private office?

The Need for Clearer Laws and Common Sense

Anything that negatively changes people's lives must be clarified. Sexual harassment laws must be clearly defined and enforced with more common sense. In a time when women are becoming more work-oriented, sexual harassment charges are growing rapidly. Is this a battle of the sexes or merely a result of women becoming more appealing to men through improved cosmetics and changing wardrobes? Whatever the case, we must find a way to address these harassment charges and learn to cope with all the changes. People are losing money and public trust because of these charges. Sexual harassment charges are ruining good careers and lives. There must be strict laws regarding sexual harassment, but common sense should be used in enforcing these laws. People also need to use more common sense in the way they present themselves at work.

References

• Equal Employment Opportunity Commission (EEOC). (n.d.). Title VII of the Civil Rights Act of 1964. Retrieved from [EEOC website]
• Meyer, M. (1981). Sexual Harassment. [Publisher].
• Newsweek. (1993). [Article Title]. Newsweek.
• New Republic. (1993). [Article Title]. New Republic.
• Men's Health. (1994). [Article Title]. Men's Health.