FEDERAL LEGISLATION REGARDING SEXUAL HARASSMENT
● The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex. ● The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a nonemployee. ● The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. ● Unlawful harassment may occur without economic injury to or discharge of the victim. ● The harasser’s conduct must be unwelcome. Direct pick- up It is also “unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII” (EEOC, n.d.-a). The following scenario’s help us think through different cases of sexual harassment. The answer is no . The legislation does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. However, if Marilyn’s colleague makes comments that are frequent or so severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted), it would be sexual harassment (EEOC, n.d.-b). One offhand comment is not generally considered sexual harassment. The answer is yes . The director of counseling services has displayed a pattern of behavior that constitutes sexual harassment. Additionally, she is making Jason’s promotion contingent on sexual favors. The elements that make this situation sexual harassment are that the comments are about the employee’s intimate personal situation, including an offer of action (clearly intimating sexual contact) and an offer of employment advancement with an “if” of engaging in sexual actions. This offer is coercion, and Danielle’s repeated sexual innuendo encounters create a hostile work environment (EEOC, n.d.-b)
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII of this act applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government (IDHR, 2023c). According to the U.S. Equal Opportunity Commission (EEOC), “unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature” constitute sexual harassment (EEOC, n.d.-b). “Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision”, such as the victim being fired or demoted (EEOC, n.d.-b). Direct pick up from Nursing The EEOC notes that sexual harassment can occur in a variety of circumstances, including: Scenario 1 Marilyn attends her organization’s annual employee appreciation picnic, held at an exclusive country club, thanks to the administrative team’s membership. Marilyn is in a two-piece bathing suit preparing to enter the club’s swimming pool when a male coworker calls out to her, “ Hey Marilyn, looking good! Too bad you can’t wear bathing suits to work.” Is this sexual harassment? Scenario 2 Jason is a staff social worker who has applied for a promotion to the position of behavioral health manager for his clinic. Danielle, the director of counseling services for the company, is interviewing Jason as part of the application process. Jason is uncomfortable around Danielle, as she often finds excuses to talk to him alone and generally includes multiple sexual innuendos throughout the conversation. During the interview process, Danielle mentions how lonely she has been since her divorce and asks about the state of Jason’s marriage. She says, “If you are ever looking for a little action on the side, I’m your woman. In fact, I would give you the promotion in a heartbeat if we can have a more ‘beneficial’ relationship.” Is this sexual harassment?
BRIEF HISTORY OF THE ANTI–SEXUAL HARASSMENT MOVEMENT
Some people may believe that the issue of sexual harassment has only recently been openly discussed. However, in 1978, Lin Farley wrote a mass-market paperback called Sexual Shakedown . Coining the term sexual harassment , Farley described “women’s pervasive experiences of sexual intimidation and outright abuse on the job” (Farley, 1978). Farley insisted that society understand the systemic role verbal and physical sexual assault has played in the workforce. Although Farley’s book is no longer in print, it is as relevant today as it was then, if not more so. Issues of unequal pay, lack of promotional opportunities, unjust firing, and gender segregation in the workplace continue (Dowell, 2022; Kessler-Harris, 2018). As sexual harassment and sexual discrimination have continued throughout the years, a glimmer of hope for change occurred when the 1964 Civil Rights Act was passed. For the first time, federal legislation prohibited
discrimination on the basis of sex, as well as discrimination based on race and religion. Diane Williams, an African American employee of the U.S. Justice Department, instigated one of the first court cases based on this act. Williams sued to regain her job after being wrongfully terminated because she refused to sleep with her boss. She was victorious, and her case set a precedent for women fighting against demands for sexual favors in exchange for conditions of employment (Kessler- Harris, 2018). Over the years, more cases followed. Although not all women were victorious, it began to be noticed that sexual harassment was a legally prohibited type of discrimination that limited women’s opportunities in the workplace (Kessler-Harris, 2018). Even though some advances have been made, sexual harassment continues to flourish in specific environments. One of the most significant occurrences in the struggle against sexual harassment in recent years was the
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