Is the Definition of Sexual Harassment Too Narrow in Today's Workplace?

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In summary, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with an individual's employment or creates a hostile work environment. The work environment today in the United States is becoming more and more polarized with women disregarding company dress codes to flaunt their sexuality. However, the law works both ways and individuals have every right to report any behavior that makes them feel uncomfortable or harassed.
  • #1
JOEBIALEK
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Source: http://www.eeoc.gov/facts/fs-sex.html

For the first time in his 25 years of employment, a female employee has made a verbal allegation of sexual harassment against a male friend of mine. "John" was notified of this by his immediate supervisor via an email. The email did not indicate an incident or complaint but rather was framed in the context of "feedback" advising John to be carefull when it comes to dealing with female employees. It went on to say that comments, compliments, innuendos, flirting, wandering eyes, etc. can be misperceived and possibly jeapordize his job. Needless to say, John was absolutely astounded. He immediately approached his supervisor and demanded clarification. The supervisor indicated that a female employee had verbalized the allegation. He then clarified his position on the matter by stating that he has never witnessed any such behavior by John nor believes any incident occurred. What bothers John however, is why was the email sent in the first place? Does it constitute some form of written warning? The employee handbook states that standard operating procedure requires a verbal warning first and then written warning followed by a final written warning and then termination. Were John's civil rights violated?

The work environment today in the United States is becoming more and more polarized. Women are flagrantly disregarding company dress codes in order to flaunt there sexuality. It was interesting to discover how narrowly defined sexual harassment has become. A clause in the code mentions "visual harassment"; defined as any display that promotes the sexuality of what is depicted, or draws attention to the private parts of the body, even if there is partial clothing. Consequently, men are flagrantly disregarding verbal and visual inhibitions as they react to the sexual stimulus. The question that remains however, is which side constitutes criminality? Is it the sexual provocation or is it the sexual reaction? Do wandering male eyes encourage women to dress more provocatively or does female attire encourage wandering male eyes? Does a loose verbal atmosphere in the work place exacerbate the problem? Would clamping down constitute a violation of freedom of speech? What about the constant bombardment of sexual messages facilitated through various media? The 1960's ushered in the sexual revolution. Perhaps it is time for the counter revolution.
 
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  • #2
The work environment today in the United States is becoming more and more polarized. Women are flagrantly disregarding company dress codes in order to flaunt there sexuality

Where are your facts to back this up? This comment seems derived from your biased perspective because of these allegations. Even if women are dressing more provactively, are men not responsible for their actions when they make a comment or any other advance in response to a women's attire? I have worked at several different places, and each place of employment had dress codes. A woman dressing in a low cut shirt or short skirt at work is typically trying to draw attention to herself-especially if she is challenging an established dress code. Men can follow their biological urges and respond to her desire to attract their attention, or they can use some of their intelligence and ignore her attempt. The latter of the two makes neither a "victim" and sexual harrassment is never an issue.
 
  • #3
Kerrie said:
A woman dressing in a low cut shirt or short skirt at work is typically trying to draw attention to herself-especially if she is challenging an established dress code.

You just said exactly what he said:

Women are flagrantly disregarding company dress codes in order to flaunt there sexuality
 
  • #4
Look, I have never experienced this problem and I have no idea how prevalent it is. But if any woman is intentionally dressing in a provacative manner, and then complaining when a guy flirts with her, that's pretty damn stupid.
 
  • #5
loseyourname said:
Look, I have never experienced this problem and I have no idea how prevalent it is. But if any woman is intentionally dressing in a provacative manner, and then complaining when a guy flirts with her, that's pretty damn stupid.

you said exactly what i just said...

Men can follow their biological urges and respond to her desire to attract their attention, or they can use some of their intelligence and ignore her attempt.

and you would be surprised at what certain types will do when it comes to expressing their sexuality in the workplace...
 
  • #6
A woman at work is pressuring me to have a relationship with her. If that were the other way around, she could accuse me of sexual harassment. And she would most likely win. So much for 'equality'.
 
  • #7
The_Professional said:
A woman at work is pressuring me to have a relationship with her. If that were the other way around, she could accuse me of sexual harassment. And she would most likely win. So much for 'equality'.

You should report her. By law, it works both ways.
 
  • #8
Elizabeth1405 said:
You should report her. By law, it works both ways.

Sure it works both ways. However, the law favors the woman more than the man.
 
  • #9
The_Professional said:
Sure it works both ways. However, the law favors the woman more than the man.

The law, as it's written, doesn't favor anyone. If you choose not to report the problem nothing can be done about it--but that's your decision.
 
  • #10
The_Professional said:
Sure it works both ways. However, the law favors the woman more than the man.

i have to agree with elizabeth...not saying anything because men in general "believe" the law favors women will continue to fuel a problem only you believe is there...
 
  • #11
The Professional,

If your coworker's attempts at securing a relationship with you BOTHER you, you have every right to report it in.

Men can follow their biological urges and respond to her desire to attract their attention, or they can use some of their intelligence and ignore her attempt.

I concur 100%. I don't want to sound like an existentialist, but everyone is faced with a choice but regardless of the choice, you should face up to the consequences.

On a side note, this is why I'm glad to be a physics-math nerd. I'm too preoccupied with reading the latest scientific journal to bother with the neighboring girl in the suggestive clothes.
 
  • #12
Sting said:
On a side note, this is why I'm glad to be a physics-math nerd. I'm too preoccupied with reading the latest scientific journal to bother with the neighboring girl in the suggestive clothes.

welcome back sting :smile: regardless of what you are reading, it would seem you have plain ol' class...
 
  • #13
Thanks Kerrie. :smile:

I overlooked a thread mentioning you recently got married. Congratulations!
 
  • #14
Kerrie said:
i have to agree with elizabeth...not saying anything because men in general "believe" the law favors women will continue to fuel a problem only you believe is there...

I'm just saying it like it is. That's just reality.

The work environment today in the United States is becoming more and more polarized. Women are flagrantly disregarding company dress codes in order to flaunt there sexuality

Let's be honest here. Any woman who would dress provocatively at work is attracting unwanted and unneeded attention not to mention violating the company's dress code! And any guy that would respond inappropriately is of course AS GUILTY as the woman.

I've seen this at work up to the point where the boss had to send a notice to all the women reminding them on the dress code policy.
 
  • #15
I think the point you are trying to make is that judicial precedent is in favor of the woman, not the law itself.
 
  • #16
loseyourname said:
I think the point you are trying to make is that judicial precedent is in favor of the woman, not the law itself.

Yes. Agreed
 
  • #17
this brings to mind a segment on the late show where they read quotes from Opra. in this particular episode, brad pit was a guest on and Opra said something in the lines of 'you know what’s hot? your body'. brad just laughed and played along but it was blatant sexual harassment. if it were a man who said the same thing to a women, it would be vulgar and not comic.

if a woman thinks a man is thinking of something sexual by the amount of time he stairs at her eyes, she can report she is feeling threatened or uncomfortable because of what she thinks is sexual tension (justified or otherwise).

a classmate of mine in high school was sexually harassed in school by a man who slapped the buttock and gave explicit detail of sexual actions involving rape during classes but when my classmate reported this to the teacher nothing came of it except "ill talk to him about it" the harassment continued for a few weeks before the classmate told their parents and the parents spoke with the teacher and the offender was moved to a different desk in the class and the harassment stopped. because the victim in this case was male, the problem is dealt with the least possible action. if the victim was female i have no doubt this situation would have played out Much differently

"The question that remains however, is which side constitutes criminality? Is it the sexual provocation or is it the sexual reaction?"-JOEBIALEK

According to the law both, but according to your friend's continued employment, sexual provocation has Nothing to do with it. also, the part about sexual reaction has more to do with the female employee's perception then your friends actions (your friend's employer is more likely to give another warning then probe deeper into the subject of his "wandering eyes")
 
  • #18
How can it honestly be a crime to look at someone the wrong way?
 
  • #19
loseyourname said:
I think the point you are trying to make is that judicial precedent is in favor of the woman, not the law itself.

agreed as well, but if men are only complaining about it and not doing anything about it, it will continue to be a problem...women no longer tolerated sexual harrassment, thus they stood up for themselves as well...i think though guys are afraid of looking like a wuss if they complain because it makes them look like they "can't handle" such a comment...women want equal rights, but we along with that comes equal responsibilities, so men, stand up for yourselves and be heard...
 
  • #20
Kerrie said:
i think though guys are afraid of looking like a wuss if they complain because it makes them look like they "can't handle" such a comment...

It's called a double standard. As given on the example above,
if a woman tells a man he's got a hot body it's all fine. The guy itself doesn't take that personally. For us guys, it's no big deal. We're not a wuss for not complaining. There's a minority of women that would take that comment negatively and they're usually old, humorless witches.
 
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  • #21
The_Professional said:
A woman at work is pressuring me to have a relationship with her. If that were the other way around, she could accuse me of sexual harassment. And she would most likely win. So much for 'equality'.
Dear Mr. The_Professional,

If the jobs still open, I'd like to be considered for the position of 'surrogate'. I don't mind being sexually harassed, so long as it's a women doing the harassing. I have impeccable credentials and I'm very, very, very lonely.

Yours truly,
R.J. Zaleski
 
  • #22
Unfortunately, there is inappropriate behavior which is more ignorance than sexual harrassment. Some men are just clueless.

My oldest daughter was telling me the other day about her district manager and the comments he makes. The other day she was having her hair cut after work and this lout said "I hope that you're going to get it cut in that same sexy style". He constantly makes remarks about "how fit" she is. I can't remember all the comments she told me about. My daughter is only 19 years old. She put the "P" in the word prude. She definitely does not dress provocatively. This guy really upsets her, but there is nothing she can do except quit. She works part time while in college.

What are men thinking?
 
  • #23
I have looked into this carefully because I fired a doctor who was sexually harassing a 17 year old summer intern. (Witnessed by many and admitted to by perpetrator)
This was at great financial expense for one year since our overhead was not met for that period of time since we counted on him.

Men are just as much the victims. In fact, a landmark case in 1998 was a supreme court verdict concerning same- sex sexual harassment, but not between gay men, but a heterosexual man who was deemed to be sexually harassed by other heterosexual men.

http://www.mobar.org/journal/2000/marapr/lenard


In other words , it is not necessarily about sex, it is about power. The fact that historically it has disproportionately been women on the receiving end and the shift towards more male victims reflect that shift in power. In fact, this link cites at least 15% of men are being sexually harassed (reported) vs. 42% of women have been sexually harassed at some time. If the story about Oprah is true, then it is exemplory that one of the most powerful persona in broadcasting industry got away (wrongfully so) with what she did.
http://www3.uakron.edu/lawrev/robert1.html



It is about a hostile work environment where the perpetrator's conduct is unwelcome, based on sex, and severe enough "to alter the conditions of [the victim's] employment and create an abusive working environment." (Paraphrasing from a link) The victim is usually in a position of less power and begins to feel helpless, dreads and cringes at the thought of going to work, may even be afraid for their physical safety. However, it does raise questions that need further defination..

What is unwelcome? When is conduct based on sex? Are employees allowed to flirt on the job anymore? Can they tell off-color jokes? What happens when someone gets offended? Who decides what is appropriate, and what is not? Should employees be required to tolerate some minimal level of offensive sexual behavior within the workplace?

The EEOC itself has stated, "Title VII does not proscribe all conduct of a sexual nature in the workplace."61 The line is drawn between acceptable sexual conduct and sexual harassment where the conduct becomes unwelcome.62

According to the lawyer I consulted before firing the doctor, he states that the courts are now more lenient with sexual harassment far more often than they did initially. The courts condemn workplaces that contain sexual propositions, pornography, extremely vulgar language, and sexual touching. There are gray areas associated with suggestive and embarassing questions or remarks. Look at the cases in the links I provided and these were not prudish reactions (especially the flag girls for construction companies). Unfortunately, some will use a law designed to protect the innocent for their own gains and warped agendas but that does not negate the utility and importance of such laws.
 
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  • #24
Rather than passive-aggressive personal attacks which is sad and pathetic. Evo and adrenaline both addressed the issue well and I wholeheartedly agree.
 
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  • #25
In other words , it is not necessarily about sex, it is about power. The fact that historically it has disproportionately been women on the receiving end and the shift towards more male victims reflect that shift in power. In fact, this link cites at least 15% of men are being sexually harassed (reported) vs. 42% of women have been sexually harassed at some time.

Do women and men have the same definition of sexual harrassment when asked?

One of my colleagues once said that I appeared to be losing weight. According to Evo, that's sexual harrassment. But it sure didn't feel like sexual harrassment to me. I liked the comment, which I took as a compliment.
 
  • #26
JohnDubYa said:
Do women and men have the same definition of sexual harrassment when asked?

good question and I don't know, but I suspect the complex universe of legalese does as much to define sexual harrassment for us. However, there is a gray area that needs further definition so that it cannot be abused. I look once again to the case as analyzed by the supreme court in the first link I provided ( Ocale vs. Sundowner Offshore) and the actions defined by the male victim as sexual harassment would be defined as such by a woman as well.
 
  • #27
JohnDubYa said:
One of my colleagues once said that I appeared to be losing weight. According to Evo, that's sexual harrassment. But it sure didn't feel like sexual harrassment to me. I liked the comment, which I took as a compliment.
It wasn't a compliment, it was more along the lines of "you really look hot", along with other suggestive remarks. I should have been more detailed.
 
  • #28
Aaaaaah, the ever-shifting target. :)
 
  • #29
JohnDubYa said:
Do women and men have the same definition of sexual harrassment when asked?

probably not. It reminds me of when an honest guy compliments a girl on her dress and ends up being branded as a pervert.

Of course, it doesn't help that the Oprah incident may be creating a double standard and perpetutating it at the same time.
 
  • #30
It reminds me of when an honest guy compliments a girl on her dress and ends up being branded as a pervert.

Only if he's ugly or old. If it's Brad Pitt...
 
  • #31
motai said:
It reminds me of when an honest guy compliments a girl on her dress and ends up being branded as a pervert.
You can say "nice dress" and have it sound complimentary or derogatory. A lot has to do with body language, tone of voice and facial expresions. Unfortunately, all of these things can be all too easily misinterpreted.

My former boss used to surprise me at work with flowers all of the time, buy me gifts, take me out to lunch, always commenting on how pretty I looked. My boss was female so no one thought anything of it, she just liked to make me and the others feel appreciated. If she had been male, the entire office would have talked about it.
 
  • #32
JohnDubYa said:
Only if he's ugly or old. If it's Brad Pitt...
Sure, how would it work for you JohnDubYa?

But I don't think a guy should be sued unless he's gotten a clear message to stop and continues with his behaviour. I've known bordercases, where I didn't think to much of it, but a male colleague almost blew a fuse..

Some things are just not appropriate, it gets tricky when you want to define a boundary.
 
  • #33
Evo said:
You can say "nice dress" and have it sound complimentary or derogatory. A lot has to do with body language, tone of voice and facial expresions. Unfortunately, all of these things can be all too easily misinterpreted.

My former boss used to surprise me at work with flowers all of the time, buy me gifts, take me out to lunch, always commenting on how pretty I looked. My boss was female so no one thought anything of it, she just liked to make me and the others feel appreciated. If she had been male, the entire office would have talked about it.

Does she have a mullet? :eek:
 
  • #34
JohnDubYa said:
Only if he's ugly or old. If it's Brad Pitt...


Very true. If an attractive male made a passing comment then it would be taken as a compliment but if an ugly man did he would be a "pervert".

However it does work the other way. If I were hit on by an attractive co-worker, I would accept the compliments and enjoy the attention. But if I were hit on by an unnattractive co-worker... I'd probably just ignore her like I ignore the customers I hate.. :tongue2:
 
  • #35
dduardo said:
Does she have a mullet? :eek:
:rofl: :rofl: No.
 

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