includes lewd and suggestive comments, touching and fondling, persistent attention and request for sexual favours – has long been a problem for women and occasionally for men Often such sexual harassment has been regarded by employers as a personal matter beyond their control or as an unavoidable part of male-female relations Introduction
Increased attention to the problem and
developments in the law have made employers aware of their responsibilities and women of their rights What is Sexual Harassment? Unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment when Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment Discrimination & Sexual Harassment There are laws that protect women against many forms of discrimination For example in the UK and USA – Equal Pay Act – forbids different salary for the same work unless valid reason However, discrimination is allowed if there is a bona fide occupational qualification e.g. hiring of guards in a male prison There are situations where even though there is no BFOQ but the stated qualifications exclude virtually all women e.g. test for police officers and fire fighters – require considerable strength and endurance What is Sexual Harassment?
This definition makes a distinction
between 2 kinds of harassment Quid pro quo – superior uses his power to grant or deny employment benefits to exact sexual favours from a subordinate Hostile working environment – the sexual nature of the conduct of co-workers and others causes a woman/man to be very uncomfortable Discrimination