18 April 2015
“ Sexual harassment is a form of sex discrimination that violates Title VII of the civil rights Act of 1964”(EEOC) In spite of how many cases there are out there not many businesses in the United States have yet to really address this issue. According to a recent survey from the EEOC meeting 25% of workingwoman have experienced some kind of sexual harassment in the workplace, yet 70% of those woman claim they never reported it for the fear of retaliation (Roberts & Mann). In order to make sure that you are not a victim of sexual harassment, one needs to educate themselves on the rights they have in the workplace, such as; being educated in the two types of harassment quid pro quo, hostile environment, and limits on damages.
One of the two federal laws that set grounds for sexual harassment cases under title VII is quid pro quo. This form of harassment comes from a person in authority, usually a supervisor, and demands that subordinates tolerate sexual harassment as a condition of getting or keeping a job or job benefits including a raise. Under the EEOC guidelines sexual harassment is defined as un-welcomed advances, requests for sexual favors and anything that contains any kind of sexual nature. Henson v. City of Dundee in 1982 with the U.S. Court of Appeals is one of many sexual case examples that the chief of the department and other male officers harassed a female officer and her lady co-worker. It was going on for a couple of years which she had enough and resigned from he department. A hostile environment is another federal law that is recognized as sexual harassment, which exists more than quid pro quo. The reason why this exists more than the first one is that the victims are never threatened with being terminated or promoted in their jobs, victims suffer physical and verbal abuse. This happens when a co-worker or supervisor makes un-welcomed and inappropriate sexual based behaviors, this makes the workplace atmosphere very hostile. Hall v. Gus is just one of many cases. The case involves a construction company that employed three woman to hold flags, these people are also known as traffic controllers during road construction. Male co-workers were instantly disrespectful; the made inappropriate comments to the woman co-workers of verbal sexual abuse. One of the lady co-workers developed a skin rash from being out in the sun and the men nicknamed her ‘herpes’. Obscene comments were written on the women’s cars from the dust of the work site, and they also would continuously ask the ladies for sexual intercourse or oral sex. All three ladies were the subject of verbal abuse, showing inappropriate pictures, and so forth. They notified the company’s supervisor who knew what the men were doing to the woman but did nothing about it so the court found the company in violation of Title VII, because everything that the men did were un-welcomed in a sexual manner. If the employer knows of what is going on like in the case that was just provided than he/she is liable for a hostile work environment. There are many reasons why victims do no speak out, one of the main reasons why most victims don’t speak out is because they may feel weak or ashamed and don’t want anyone to know, as the well as the fear of jeopardizing their jobs, careers and what they worked for. Evidence gathered up until 1991 shows that Title VII only qualifies victims of sexual harassment to only receive back pay, lost wages, and if victims were forced to leave their jobs, is to be reinstated back to their position. Years ago when women were harassed a few would win and if they did it was for pennies compared to what they had to suffer so sometimes they would file court claims to strengthen the compensation by assault, battery, intentional infliction of mental distress in the state court. So courts realized that they need to strengthen and find a better solution…