Sexual Harassment in the Workplace:
An Employer Liability
Angela Brittain
Bus310. Human Resource Management
Professor Bucholz
March 15, 2007
Sexual Harassment in the Workplace: An Employer Liability
Sexual harassment in the workplace is among the most offensive and demeaning situations an employee can be subjected to. A recent study concluded that at least 40% of women in the workforce have at one time been the object of sexual advances, propositions, or unwanted sexual discussions from men who supervise them or could otherwise affect their career. (Englander, J. P., 1992) Seven out of eight sexual harassment claims that are filed with the Equal Employment Opportunity Commission, are filed by women. (Employers Publications, 2006) Englander observed that: Given the ever increasing percentage of the total work force in this country who are women (i.e., from 29.6% in 1950 to 45.3% in 1990), the percentage of women who perceive themselves to be the victims of sexual harassment in the workplace translates into a problem of significant magnitude. It also underscores that American employers have been largely unsuccessful in raising corporate consciousness and awareness of the issues and in combatting the root causes of the problem.
The U.S. Supreme Court has ruled that even if an employer is unaware of sexual harassment taking place, the employer 's liability remains. If one employee sexually harasses another it is the company who pays the damages, not the harasser. The courts tend to rule in favor of employers who take the necessary steps to correct sexually harassing behavior. Most claims can be avoided if employers take a proactive approach in preventing sexual harassing behavior. (Employers Publications, 2006)
The Background of Sexual Harassment
The federal courts have repeatedly ruled that sexual harassment is a form of gender discrimination, just as racial harassment is
References: Roberts, B. S. & Mann, R. A.(September 18, 2002) Sexual Harassment in the Workplace: A Premer Sexual Harassment. Retrieved March 11, 2007, from http://www.eeoc.gov/types/sexual_harassment.html Englander, J. P., (February 1992) Handling Sexual Harassment in the Workplace Retrieved March 11, 2007, from http://www.nysscpa.org/cpajournal/old/12106205.htm Employers Publications, (2006) Sexual Harassment- Attention All Employers: