Course Project
Sexual Harassment Paper
HRM320: Employment Law
Prof. Lahargoue
DeVry University Online
Sexual Harassment Paper
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t 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). Employers typically include a policy against sexual harassment in personnel policies or employee handbooks. These policies use the EEOC definition of prohibited conduct as a guideline. The prohibited conduct must be stated in an understandable way.
Define sexual harassment as the term is used legally. Sexual harassment is legally defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment. A key part of the definition is the use of the word unwelcome. Unwelcome or uninvited conduct or communication of a sexual nature is prohibited; welcome or invited actions or words are not unlawful. Sexual or romantic interaction between consenting people at work may be offensive to observers or may violate company policy, but it is not sexual harassment” (Legal Dictionary, 2010).
Explain how sexual harassment
HRM320: Employment Law
Prof. Lahargoue
DeVry University Online
Sexual Harassment Paper
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t 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). Employers typically include a policy against sexual harassment in personnel policies or employee handbooks. These policies use the EEOC definition of prohibited conduct as a guideline. The prohibited conduct must be stated in an understandable way.
Define sexual harassment as the term is used legally. Sexual harassment is legally defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment. A key part of the definition is the use of the word unwelcome. Unwelcome or uninvited conduct or communication of a sexual nature is prohibited; welcome or invited actions or words are not unlawful. Sexual or romantic interaction between consenting people at work may be offensive to observers or may violate company policy, but it is not sexual harassment” (Legal Dictionary, 2010).
Explain how sexual harassment
References: US Legal. (2012, January 01). Retrieved June 09, 2012, from US Legal: http://definitions.uslegal.com/e/employment-gender-discrimination/ AAUP. (2009, January 01). AAUP. Retrieved June 10, 2012, from AAUP: http://www.aaup.org/AAUP/programs/legal/topics/sex-harass-policies.htm American Bar. (1997, October 01). American Bar. Retrieved June 10, 2012, from American Bar: http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/w96shi.html EEOC. (1999, June 21). EEOC. Retrieved June 09, 2012, from EEOC: http://www.eeoc.gov/policy/docs/currentissues.html EEOC. (2011, June 01). EEOC. Retrieved June 01, 2012, from EEOC: http://www.eeoc.gov/laws/practices/harassment.cfm Legal Dictionary. (2010, January 01). Legal Dictionary. Retrieved June 09, 2012, from Legal Dictionary: http://legal-dictionary.thefreedictionary.com/sexual+harassment LII. (2012, January 01). LII. Retrieved June 10, 2012, from LII: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0477_0057_ZS.html The Advocates for Human Rights. (2007, April 15). The Advocates for Human Rights. Retrieved June 09, 2012, from The Advocates for Human Rights: http://www.stopvaw.org/sexual_harassment_that_creates_a_hostile_work_environment.html University of Mayland. (1998, October 01). University of Mayland. Retrieved June 09, 2012, from University of Mayland: http://www.president.umd.edu/legal/policies/def.html