1. Running head: SEXUAL HARASSMENT, WORK PLACES, AND LAWS 1
Sexual Harassment, the work place, and the Laws
Dawn M. Gibson (Ugitsisgv)
IP#4- Dr. Bonner
Colorado Technical University
2. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 2
Abstract
Sexual harassment is more common than people realize and it does not have to be “sexual” to
be sexual harassment. It is severely under reported due to fear of retaliation, being labeled,
stigma, or just because people do not realize it is happening. There are many Acts designed
for this purpose, new ones are made as new issues arise. These include No Fear Act, Title VII
of the 1964 Civil rights act, Age discrimination in employment Act, Equal Pay Act,
Rehabilitation Act of 1973, Executive orders 13087,13145, and 13152, Title II of the Genetic
information NON-discrimination Act of 2008. This paper will talk of some of them in detail.
This policy should have the sexual harassment, local, state and federal, examples, training
implementation, and compare and contrast of each one.
3. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 3
Introduction
Sexual Harassment definition, according to the EEOC, “harassment is unlawful, because
of that person’s gender or sexual orientation. This includes unwelcomed advances, request of
sexual favors, verbal and physical harassment in a sexual manner. These can include
offensive remarks about a person’s sexual orientation. Victims or harasser can be of either
gender or same gender. Harassment includes actions that make for a hostile environment or
directly causes a person termination” (EEOC, 2013).
Training Programs
CA AB 1825 compliant- The government mandates that all companies with 50+
employees have training about sexual harassment. They must provide the training and
document that their employees have been trained about what is regarded as illegal behavior
in the workplace. There are a few cases in New York State where lawsuits are happening,
which shows how prevalent this is to the work place. (Corporate workshop, 2013)
Title VII of civil rights Act of 1964 opened and revised as it goes to protecting
discrimination based on gender, race, religion, or national origin. Fair pay act had revisions
and amendments revised statutes following sec. 1977 (42 U.S.C. 1981) Provides
compensation and punitive damages in cases of intentional violations (EEOC, 2015).
The challenges to this policy of making, processing and training about sexual harassment
is clear. Who watches these companies and pays attention to see if there is training? 15 plus
employees, and the companies are supposed to have training. SUNY Delhi (NYS) does not
have these training lessons. There is no policy in place to ensure that they have the proper
4. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 4
training. It does need to be addressed as many issues have happened. Many people do not
realize exactly what pertains to sexual harassment. It happens quite often, and not reported
for several reasons. It is tolerated, because of fear of retaliation, more harassment, and being
fired. Many feel it is not worth the time, so it continues to grow and fester like a disease.
People have been fired, targeted because they are transgenders, their race, or religion. One
lady, who complained to her boss at a mandatory meeting, (which brought up no sexual
harassment issues what so ever) about people, who swear and talk nasty. She was laughed at
and the boss continued her swearing with a fake ohhh, I am sorry, as she continued to taunt.
The lady decided to quit, neither the Union nor the workplace addressed this nor did they
apologize. This continues today with rude comments, sexual phases, and targeting those who
speak out.
This also happens within the military, as they feel it is normal. A friend of mine would talk
how she was approached by her superiors for sexual favors. She served in the US. Navy and
eventually “committed suicide”. They were forced to smoke or had to do push-ups, and not
just them but the whole group, until they started talking smoke breaks. I people do not brave
the storm; this could go on and more than often does go on. To file claims, they need facts,
time, and record all violations along with names involved. Without the proper people to step
forward we will really never know the full brunt or statistics. It is very alive and spreading,
people deny it, look the other way, or just feel it is not worth the headache. Unless one has
experienced the harassment, one cannot understand just how hard it is to deal with. This is
also a main reason for people’s bouts of depression.
5. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 5
New York State policy on harassment (local)
SUNY Delhi’s page mentions about title VII on their campus page, but there is no
training, that I have ever seen or heard of (SUNY Delhi, 2015). You can read for yourself
about these on the page. https://www.delhi.edu/titleix/ . I work for CADI (College
Association at Delhi, Inc. which is supposed to be a separate unit from the college; however
it is run by the very same people. https://www.delhi.edu/administration/human_resources/ .
One can call anonymously to send in tips, but in the end you will be found out and singled
out. Most people cannot afford a lawyer, so they will rather quit, than deal with the present
issue. People also take advantage of the policy and press charges where there is no reason,
other than self-gain. People, who do not do their work especially, take advantage of this or
ones who are in the top persons pocket. This is now seen with part-timers, since part-time
hiring is the main stream now, those who have been there longer and are more qualified are
being looked over by a newer employee that the boss may have singled out for full- time
positions which is making think rather hectic.
Sexual harassment and discrimination came to be when the woman suffrage began to
demand more rights for women. They were scoffed at and it ended up with blacks gaining the
right to vote first. Woman fought against slavery, and kept on pushing until equal rights
became a law. In 1964, when blacks tried to get into colleges and stop segregation, woman’s
suffrage was behind that as well. It has come a long ways, but still needs to go much further,
but as I mentioned, people have to be willing to fight for their rights all the way to the end
result, and keep fighting if need be. Once cannot help the cause if the person involved is not
6. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 6
willing to fight for themselves. It is in poor decision for people to just drop the case, because
it festers, and becomes a huge hornet’s nest when broken. The sexual harassment has helped
people but somehow, it must be made to be in the process. Proof that they are actually
making sure they are teaching about sexual harassment and the consequences of not doing so.
A Federal case involving IHOPS
In a federal case a jury awarded two teens $5,000, who worked in Racine IHOPS. The
jury said IHOPS acted recklessly and awarded the one teen an additional $100,000 in
punitive damages. These teens were sexually harassed by their assistant manager, who pulled
their hair, made sexual propositions, and groped them at work. The EEOC said they take
sexual harassment seriously and they will take it to court to make it crystal clear that sexual
harassment will not be acceptable and to make them an example. Juries are not afraid to
make companies pay high fees for sexual harassment (EEOC, 2009).
State Case involving Yale
For 5 years, a case unfolded, without the public noticing, the Simons case unfolded, while
Yale tried to hide the situation at hand. The claim is that Yale School of Medicine has
insensitivity towards woman’s cases of sexual harassment. A professor, (doctor) gave a love
letter to a student 18 years his senior. The love letter was sexual and inappropriate. He kept
unwanted advantages towards her and make her a hostile environment. He also interfered
with her progress. She and her boyfriend filed a sexual harassment case. This was not put out
in public and he did not lose his tenure.
Conclusion
7. SEXUAL HARASSMENT, WORK PLACES, AND LAWS 7
Sexual harassment is hard to take to trial. It has to be documented with names, times, dates
and incidents. Colleges drastically conceal any violations as to make their campus seem safer
than they actually are. This is widely known by people who work there. People rather just
quit and find work elsewhere or continue to deal with the ugly situation. There are many
reasons why people do not come forward. People fear stigma, their jobs and some may fear
for their lives if the stakes are high. The more cases that go to trial and win for the victims
the more people will trust that there is a purpose and they will be held accountable. The
downsides are those who take advantage and claim sexual issues when there is none. They
seek to gain job promotions, or that persons job, however, this should be dealt with a heavy
hand as well. People need to hear and see these rights as many are in the dark about it. I
know because I have taken classes which happen to include it. Sexual harassment is wider
than the sexual part, it affects many people and it is time to insure the public knows exactly
what is covered. A butt slap, a touch, jokes, letter notes, comments, etc. It is for those who
are male or female, transgender, lesbians, homosexuals, heterosexuals, race related, religion
(faith) related, culture related. If one has question they can always go to EEOC and talk to
them. It is up to each individual because working, education, and life in general we should
not have to deal with those who try to make us feel intimidated, less worthy, and dirty. It is
time we take back our rights and make them pay for their crime.
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References
EEOC. (2009) Federal jury awards $105,000 in EEOC sexual harassment case against Racine
IHOPS. EEOC. Retrieved from http://www.eeoc.gov/eeoc/newsroom/release/11-23-
09.cfm
Lewin, T. (2014) Handling of sexual harassment case poses a larger question at Yale. Retrieved
from http://www.nytimes.com/2014/11/02/us/handling-of-sexual-harassment-case-poses-
larger-questions-at-yale.html?_r=0
SUNY DELHI. (2015) Title VII sexual harassment. Retrieved from
https://www.delhi.edu/titleix/
SUNY Delhi. (2015) Sexual harassment policy. Retrieved from
https://www.delhi.edu/administration/human_resources/
The Corporate Workshop, (2013) CA AB 1825. Retrieved from
http://www.corporatetrainingshop.com/harassmentprevention.aspx
USEEOC. (2015). Sexual harassment. US Equal Employment Opportunities Commission. USA
Gov. Retrieved from http://www.eeoc.gov/laws/types/sexual_harassment.cfm