Employment and Sexual Harassment

Sexual harassment resulting from a hostile work environment may be described as a situation of uncouth sexual advances; both physical environment and, or requests for sexual favors amounting to sexual harassment. The above situations have the effect of interfering with the worker’s level of performance or even threatening the victims’ state of peace at their wok place (Crouch, 2001).

In the first case for instance; Alexia complains to be sexually harassed by her co-workers; which despite her complaints to them, does not move the company to feel any guilt or responsibility for the case. From this, it is clear that; the complaints should be sufficient and tangible enough to lead to its procession in a court. In Alexia’s case; her co-workers do not intend to cause any direct harassment to her, as they do not directly involve her in their conversation on sexual matters as well as in the watching of pornographic movies (Kubasek, Brennan, & Browne, 2009).

It should also be noted that; an employer should also be informed of any form of sexual harassment at a workplace. In the current case, Alexia does not inform the employer earlier in advance before taking the case to the court. The court, therefore, finds the employer not guilty of the allegations made by her; where she later loses the case at court. Another important factor that the court considered while ruling out the case was the frequency at which such sexual harassment occurred. In this case study, the behavior of Alexia’s co-workers was not that much repetitive, in addition to its not being intentional (Ferrell, Fraedrich & Ferrell, 2010).

Considering the kind of work Alexia and her co-workers were doing; it is clear that some comments are obvious not forgetting that they present their shows late at night, over the TV. As it is in the current contemporary society, a presenter in a TV especially a night case; is expected to make romantic comments at given points within the shows. Considering this also, the court found the employer innocent (Crouch, 2001)

Case two

School districts are the ultimate official employers of school teachers and are liable for monitoring the progress of their staff, to ensure their efficiency. In the current case study, Britt a college student is engaged in sexual affairs with her teacher. This greatly affects her previously good performance, which alarms her parents. Investigations reveal that she is in a love affair with her teacher who had even put her on family planning pills (Dziech and Michael, 1998).

Following this, her parents contacted a lawyer and filed a case for the school district for not being responsible for the teachers, who extend to engaging in love affairs with their students. However, the case seems directed to the wrong identity; as the teachers should be responsible for their actions. Based on that the teacher does not make the district aware of his actions, which means the school district is not liable for any allegations. More so, there is nowhere the teacher’s case is reported to the district about his misconduct (Dziech and Michael, 1998).

On the other hand, the code of conduct of teachers in schools should have been made clear by the school district. It should be made to the teachers of the repercussions resulting from cases of misconduct in running school activities. The employer should also ensure that the employees are made aware of any kind of misdemeanors; which should be well stated together with the consequences attached to them (Ferrell, Fraedrich & Ferrell, 2010).

In this respect therefore the district is to some extent responsible for the allegations made by Britt’s parents. The court should thus consider that the employer is the one that should deal with the misbehaving teacher, in such a case. Based on this, the teacher and the district of schools are held liable for the case at hand (Crouch, 2001)

Lymn’s behavior can be considered sexual harassment because the law stipulates that, any form of sexual discrimination regardless of gender is quite unlawful. This is depicted when Lymn starts to extend pornographic books to Linda and thereafter, forcibly kisses her. At some point, she even publicly harasses her by calling her ‘lovely Linda’ in front of the university soccer team. It thus comes out clearly that, Lymn was sexually harassing Linda (Kubasek, Brennan, & Browne, 2009).

Linda should, in this case, come out with a resolution to ensure that he is comfortable in her work. First, she should talk to Lymn about the issue and show her some concern as to why she should stop her behavior. If this fails, Linda should talk to the university administration to take corrective measures on Lymn. With all that, Linda should try to keep some distance from Limn, while not on official activities (Crouch, 2001)

The management, on the other hand, should take Linda’s case seriously and try to sort the situation out. More precisely, the management should convict Lymn according to its already laid rules and regulations governing the conduct of employees. The rules in the university should be clear and more precise enough to enhance the co-existence of employees in their working environment. If the case becomes too complex to be dealt with within the university using the prevailing university rules and regulations, the administration should take the case to a court of law (Crouch, 2001)

As an observer, one can advise Linda to report the situation to the administration for some help. Linda can also be advised to limit her interaction with Lymn at times they are not carrying out official activities. In case the administration does not take measures with an immediate effect; Linda can be advised to go to a court of law (Ferrell, Fraedrich & Ferrell, 2010).

Case three

Lou, who is a software technician in a very busy company; and who has been receiving embarrassing messages through email; should come up with a strategic plan to overcome this kind of embarrassment. As a move to stop this, he should ensure that his complaints are effectively conveyed to the management; using the prevailing channels specifically made for employees’ complaints. The employer should make sure that employees present their problems to the respective administrative authorities, as the policies in the company stipulate (Crouch, 2001).

The management on the other hand should ensure that it employs the correct administrative policies which can ensure the welfare of the employees. Effective communication channels and programs should be availed to the employees, to increase efficiency in communication between the employees and the management. The complaints of the employees should also be processed immediately; as much as possible so as not to create inconveniences within the company (Ferrell, Fraedrich & Ferrell, 2010).

As an observer, one can help the employee by advising him to send a message to the person embarrassing him; informing him or her to stop such behavior. You should also report the problem to the administration for a permanent solution (Ferrell, Fraedrich & Ferrell, 2010).

Sexual harassment refers to the act of bullying, intimidating as well as threatening other people either physically or verbally, through sexual modes.

The facts are that sexual harassment is very common both in public and social workplaces. This happens even using the simplest appliances we use in our daily activities; leading the victims to undergo various psychological sufferings (Crouch, 2001)

From a personal point of view, it can be ruled out that the accused in any case of sexual harassment should be imprisoned, and banned from such a workplace afterwards. The recent court rulings are based on the proactive ability of the society to enforce legal punishment to the accused, which would help reduce sexual harassment levels (Ferrell, Fraedrich & Ferrell, 2010).

Reference list

Crouch, M. (2001) Thinking about Sexual Harassment: A Guide for the Perplexed. New York: Oxford University Press.

Dziech, B. and Michael W. (1998). Sexual Harassment in Higher Education: Reflections and New Perspectives.. New York: Garland Press.

Ferrell, O., Fraedrich, J. & Ferrell, L. (2010). Business Ethics: Ethical decision Making and cases (7th ed.). Boston: Houghton Mifflin Company/South-Western/Cengage Learning.

Kubasek, K.., Brennan, B. A., & Browne, N. (2009). The legal environment of Business: A critical thinking Approach (5th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.