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Example research essay topic: Equal Employment Opportunity Commission Civil Rights Act - 2,438 words

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... complaint procedure to investigate the charges. The charges should be promptly investigated by a third party to ensure that both the harasser and the victim are treated fairly. Next, the employer needs to take immediate action on the harasser if found liable or guilty of the charges against him or her. The disciplinary action of course would depend on the severity of the case whether it involves a discharge or a lawsuit. One of the most important preventive measures that will help alleviate some of the confusion about sexual harassment is educating the employees through training.

This would help educate employees about sexual harassment and eliminate some future occurrences. Tools that employers can use are videos and seminars that show what constitutes sexual harassment through role playing and actual instances. Sexual harassment claims should be taken very seriously. Every step should be taken to help alleviate this nuisance in the working environment.

The managers have the obligation to nip this problem in the bud and take every preventive measure to help eradicate sexual harassment from happening in their workplace. Supervisors and employers need to stay vigilant and dedicated to ensure a harassment free working environment. The repercussions of sexual harassment claims can be devastating to a companys reputation and checkbook. Sexual harassment in the workplace presents an ongoing and growing risk to businesses operating in the United States. (Lewis, p. 116) Today, the time is right for businesses to begin to manage their risk in this area more wisely. Preventing sexual harassment in the workplace requires a considerable investment of time and personnel.

In the end, however, these costs will be offset by significant savings in legal fees and health-care costs. Companies will also benefit from increased worker productivity. Overall, companies only stand to gain if they take a no-nonsense, hard-line position on sexual harassment. Not only is it the right thing to do, its the smart thing to do. Over the last ten years our society has become increasingly aware of, and responded to, the traditional form of sexual harassment in the work place and in school campuses across the country. Although the issues are complex, and the opposition argues that their is no doubt sexual harassment takes place for these reasons.

The first reason the opposition argues is that it is an issue of power. The second reason is that sexual harassment does not violate title seven of the Civil rights act of 1964. And the third reason is that by regulating what a person says is not a violation of the First amendment. "Sexual harassment is not about sex, its about powered whats more powerful than a legislator" Says Mary Helen Smith, Florida Human Relations coordinator. (Guindi, p. 172) The opposition argues that people just dont feel secure about coming forward with allegations of sexual harassment because they dont have job security. Also they argue that is hard for courts and others to decide when sexual harassment has taken place because the definition of sexual harassment is much to broad and if the case is not favorable for the employee the power driven boss will fire the person for trying to create problems for the company. I contend that it is about sex and not about power. Researchers have found that women and men interpret serialized behavior differently.

Women are much more likely than men to label a given situation as harassing. Men report that they wound be flattered by sexual attention by a women. Images of powerful men making sexual come-ons toward female subordinates should be the defining ones simply proves that sexual harassment is about sex and not about power. Whether sexual harassment is about power or sex the only way to determine if it is about power or sex is by looking at all circumstances. The second argument the opposition makes is that sexual harassment is not a violation of title seven of the civil rights act of 1964.

According to the opposition sexual harassment only occurs if there is physical contact between the harassed and the harasser. The opposition also argues that conduct that is not severe enough to create an objectively hostile environment should not be considered sexual harassment. They also claim that in a sexually hostile work environment claim, the plaintiff may never be the target of any direct sexual comment, suggestions or act. The plaintiff, however, may claim that the nature of the work place, and behavior of other employees are offensive, and are sexual in nature. I contend that sexual harassment is a form of sexual discrimination that violates Title seven of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates and intimidating, hostile or offensive work environment. The oppositions last claim is that sexual harassment is not a violation of the First Amendment. They claim that joke, pictures and leering should be restricted from the work place because it might offend someone. For a joke or a picture to be harassment it must be directed at the person. A picture of a model in a swimsuit hanging on a mechanics wall is not intended to offend any customer. If two students are telling jokes and another student happens to listen in on the conversation that should not be considered harassment.

The first amendment secures us all the freedom of speech as long as what we say does not offend anyone. And that does not mean the person that happens to listen in on a conversation that was not intended for her. I feel that sexual harassment has become a tool for easy money not only for women but for men too. Nowadays anyone can claim sexual harassment and win. If an employee of a large company complains of sexual harassment the company will simply settle the situation by firing the harasser and awarding the harassed with a nice chunk of money. Leaving the harassed to move on to the next company to see how much they can get there too.

Not risking getting caught because most of the sexual harassment cases are settled internally and never make it to the court system where a record would be kept. (Guindi, p. 194) Lawsuits related to sexual harassment claims are particularly unfair and risky for all parties. Stereotypes about male supervisors and female subordinates no longer hold true in all cases. The broadening definition of sexual harassment vastly increases the vulnerability of defendants by providing increased opportunities for employees to file charges, and for a jury to send a message to an employer. A "chilly climate" might consist of such things as not being appointed to important committees, not receiving information about training opportunities, not being considered for promotion. This type of sexual harassment makes it difficult to deal with the real sexual harassment cases that occur and are not processed with justice. According to the Equal Employment Opportunity Commission from 1990 to 1995, the number of sexual harassment cases reported increased by one hundred and fifty-three percent (Guindi, p. 200).

These allegations end up very complicated and drawn out because of the lack of sexual harassment laws, which specifically address it. In this time where the laws rarely protect the employers, they have become subject to endless accusations. Sexual harassment has become very expensive for businesses and employers. This is not healthy for an economy that stretches across the globe.

Who is the victim? Is it employers or employees? It is no longer the employees that are able to carry that title alone. Businesses are becoming financial victims in business America. In 1991, the Navy Tailhook convention in Las Vegas revealed long-standing harassment of women naval officers. Also in 1991 the confirmation hearings of Judge Clarence Thomas to become associate justice on the Supreme Court raised suspicions of sexual harassment when the EEOC or Equal Employment Opportunity Commission employed him.

Senator Bob Packwood was forced to resign, due to claims of having engaged in sexual harassment. President Clinton faced an accusation by Paula Jones, while he was governor of Arkansas. The Defense Department has received negative notoriety about possible widespread sexual harassment (Guindi, p. 234). In all these ordeals, a question is raised. When are the employers responsible when sexual harassment is performed by supervisors and management? The highest-ranking female officer in the U.

S. Army has filed a sexual harassment complaint. She was the first and only female three-star general in the Army. This complaint was filed against a fellow general who outranks her. She filed her complaint right before the accused was to receive a promotion. What?

The incident happened in 1996 when she had an office at the Pentagon, and she is just now filing the complaint as of March 2000. This just happened to be the month the accused is supposed to receive a promotion. The Army must receive media embarrassment, because she doesnt want him to receive a promotion. These allegations should be immediately thrown out. I do not believe a Sergeant Major is going to risk his career by sexually harassing the most highly decorated female in the U. S.

Army. This incident has humiliated the Army. Not only do businesses get hurt publicly they are hurt financially. The Ford Motor Company has settled the fourth-largest amount ever paid out in a sexual harassment. They paid a whopping 7. 5 million dollars. The largest sum ever paid was thirty-four million dollars by Mitsubishi Motor Manufacturing of America (Guindi, p. 249).

This money was paid to the victims. No doubt, if the allegations are true they should receive some compensation plus lawyer and court fees. How much compensation does one need? The therapist is not going to require you pay them millions of dollars. What is the money going to? Out of the mainstream economy and into private hands.

This cuts some money out of the continual flow of capital. With all sexual harassment laws designed to help the victim, the employers are subject to financial blows dealt out by the victims. Businesses have no protection from the onslaught of court rulings. The recent rulings of Faragher vs. Boca Raton and Burlington Industries Inc. vs.

Ellerth have determined that employers are liable for sexual harassment that they were not aware was taking place. Mentor Savings Bank, FSB vs. Vinson determined that victims that were affected by someone elses harassment, holds the company also liable. This expansion has forced the companies to try and combat these problems with policies against sexual harassment. Ford Motor Company has impressed the zero-tolerance policy on their employees. They have established a toll-free number so employees can report problems.

Ford also makes sure that senior executives remind the employees of the companys policies on sexual harassment. These remedies fall short from shielding companies from the sword-wielding lawsuits of the victims and their greedy lawyers. Since the early beginnings of the womens movement in the 1950 s, organizations such as the National Organization for Women (NOW) dont make it much easier for businesses and employers (Guindi, p. 261) The NOW is an organization that focuses on the rights of women in society. They have seen to many pushes in the right direction for women. There is no denying that fact.

They made the first push to pressure Detroit Edison, a utility company in Michigan, clean up its act. Detroit Edison is facing its fifth class-action lawsuit since the early 1970 s. The NOW has made threats to destroy Detroit Edison. Patricia Ireland, the President of NOW, says, We are going to help Detroit Edison see the light: harassment and discrimination are not only bad business practices, theyre bad for business. (Guindi, p. 264) Is this necessary? Threatening the seventh largest utility company in the country is not healthy and sound to our economy. The utility company has been making strides to correct its misdeeds.

Ireland acknowledges that change can not happen overnight, but she keeps pressuring Detroit Edison. This ruthlessness, towards businesses with great financial worth, must end. Now businesses are bending over backward to appease the victims needs. When Coors spokeswoman Aimee St. Clair learned of the sexual harassment of Ms.

Mannon, victim of sexual harassment, they acted promptly. Coors fired eight of Ms. Mannon's male co-workers and accepted her books resignation. After this Ms. Mannon received death threats. Coors hired a lawyer for her to help obtain restraining orders against two of the men fired, installed security doors and alarm system in her house, hired 24 -hour security guards to protect her for over a year, and provided her with a cellular phone and an escort whenever she left her home.

This all cost Coors more than 325, 000 dollars. Ms. Mannon declined to work because she was scared for her safety. The result, Coors granted her fully paid medical leave, then long-term disability benefits (Alloula, p. 56). This is the length a company has to go, in order to avoid sexual harassment bashing by popular media and organizations such as, NOW.

In this case Ms. Mannon ends up suing anyway. There is a definite need for protection of women in the workplace, but do victims need to take it to a financial level? Companies should be punished by sentences; fines paid to the courts, anything but unreasonable figures such as seen in recent sexual harassment suits. Businesses of America will continue suffer until someone steps in and protects them from the barrage of lawsuits.

For now, all businesses can do after the landmark rulings on sexual harassment is try to prevent complaint from going to court. The opening of new litigation possibilities, by recent cases, has secured the fact that more businesses will be bottomed out by lawsuits to come. The only hope business America has against, economical burden organizations is that Americans will see that it is hurting our economy. Businesses need to prepare for the attack, and fight for their survival it is going to be a long and glorious battle. Words Count: 4, 778 Bibliography: Ahmed, A. Defining Sexual Harassment.

New York: Routledge & Kegan Paul Inc. , 1998. Alloula, Malek. The Colonial Harem. Minneapolis: The University of Minnesota Press, 1996. Holmes, P.

Perceptions and Misconceptions of Women. New York: Harper Collins, 1999. Hussain, F. Women in the Workplace. New York: St.

Martins Press Inc. , 1999. Guindi, F. Modesty, Privacy, and Resistance. Oxford: 1999. Lewis, R. Race, Femininity, and Representation.

London: Routledge, 1996. Owen, K. Sexual Harassment. Michigan: Zondervan Publishers, 2000.


Free research essays on topics related to: u s army, civil rights act, equal employment opportunity commission, ford motor company, rights act of 1964

Research essay sample on Equal Employment Opportunity Commission Civil Rights Act

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