Sexual Harassment at the Workplace

Question: Describe about the Sexual Harassment at the Workplace. Answer: 1. It is imperative that the standard of behaviour at workplace should be different from that extended in personal relationships. At the workplace, all the parties are expected to demonstrate a professional behaviour that fosters mutual respect. In order to facilitate the same, organisations frame a code of conduct so as to enhance clarity in this regard. Further, the employees may be required to sign on code of conduct so as to ensure that violation leads to punitive action (UWA, nd). This difference of behaviour is required primarily because the expectations at workplace and that in the personal relationships are significantly different. Also, the behaviour at workplace is driven by code of conduct unlike personal relationships that are driven by personal values and beliefs. Further, behaviour at workplace is driven by remuneration unlike personal relationships where there is no remuneration for behaving in a certain manner (CRNBC, nd). Besides, behaviour at workplace is also driven by a hierarchy and related authority unlike personal relationships where the power factor is relatively less significant. 2. Sexual harassment may be concluded by the court if the given individual faces any of the following (FindLaw, nd). Sexual advances that are not welcomes Sexual favour request Any conduct (verbal or physical) which is of sexual nature Sexual harassment is essentially of two types. Hostile Work Environment - Creation of an offensive work environment where harassment is done through the means of demeaning jokes, pictures, comments of sexual nature. Quid Pro Quo- Extension of job benefits like promotion, salary increments, lucrative job profile on the basis of extent of sexual favour extended. Guidelines with regards to both the above types of sexual harassment must be considered by the court (Boland, 2005). Further, in determination of unwelcomed acts, culture plays a critical role. This is primarily because certain cultures are sexually more open while others are closed. As a result, gestures which are accepted in Western culture may be considered offensive and unwelcomed in Eastern traditional and orthodox culture. Thus, in determination of sexual harassment cases the court must take into consideration a host of factors including cultural background of both victim and perpetuator, underlying situation of harassment, past records of both parties along with the company policies on this matter (Gregory, 2005). 3. It is apparent from the given case that the risk of false sexual harassment claims cannot be ruled out especially considering the high compensation that may be derived in such cases. These claims may arise from any unsatisfied employee who may indulge in such cases for vested interests such as promotion or salary increment. As a result, in order to avoid such cases, it is imperative that an impartial enquiry must be initiated where both the parties should be given chance to present their case (Boland, 2005). This should be led by an internal committee which should be headed by an external and independent social worker or legal expert. In this regard, it is required that firstly the harassed should put forward the arguments and provide the relevant proof before the investigating committee which would decide whether to probe the case further or not. The committee should not react on mere allegations and once adequate proof is provided, then the alleged harasser must be given opportunity to defend his/her position (Gregory, 2005). Further, interview of co-workers should also be done and the whole social context must be considered before arriving at any conclusion. Also, it is imperative that stringent penalties (including imprisonment, hefty fines, defamation case) should be filed against any individual filing false sexual harassment case (Burr, 2011). References Boland, M.L. (2005), Sexual Harassment at the Workplace, New York: Sphinx Publishing Burr, C. (2011), False Allegations of Sexual Harassment: Misunderstandings and Realities, Retrieved August 05, 2016, from https://www.academicmatters.ca/2011/10/false-allegations-of-sexual-harassment-misunderstandings-and-realities/ CRNBC (n.d.), Professional versus personal relationships, Retrieved August 05, 2016, from https://www.crnbc.ca/Standards/resourcescasestudies/ethics/nurseclientrelationships/boundaries/Pages/PersonalVProfessional.aspx Gregory, R. (2005), Unwelcome And Unlawful: Sexual Harassment in the American Workplace, New York: Cornell University Press FindLaw (n.d.), Sexual Harassment: What is it?, Retrieved August 05, 2016, from https://employment.findlaw.com/employment-discrimination/sexual-harassment-what-is-it.html UWA (n.d.), University Policy on Professional and Personal Relationships in the workplace, Retrieved August 05, 2016, from https://www.hr.uwa.edu.au/policies/policies/equity/professional-and-personal-relationships-in-the-workplace