The multimillion-dollar awards made by juries in Sexual Harassment cases suggests that people are overreacting to the problem, and lawyers are taking advantage of these profitable cases (Glazer). Sexual harassment is hard to define, easy to allege, and very costly to wealthycompanies. Many people allege that they have been sexually harassed, but where is the line drawnin a changing society with morals differing from person to person.
Whats offensive to one istotally acceptable to another. On the other hand, many people look for the slightest excuse in order to accuse someone of sexual harassment and cash in on this lucrative tort. The fear of saying or doing something unintentionally, that someone else may findoffensive is growing. Workers at a construction sight in Jacksonville were ordered to take downpinups, some of nude woman, because the six females among the 846 skilled crafts employeeswere offended by them (Tifft). A Wal-Mart worker won a $50 million award because she was subjected to crude sexual jokes. Sexual harassment claims have increased since 1991 when AnitaHill accused Clarence Thomas of improper sexual behavior (Glazer).
The Clarence Thomas casepaved the way for future cases similar to that one, and while this helped draw a clear definition ofsexual harassment, and also showed men and woman that they dont have to put up with it, itdamaged our law system more than help it. Millions of dollars, mostly coming from tax payerspockets are used each year to bring these cases to trial, and most of them are exaggerated andphony. The main problem with sexual harassment is that it is only a small infraction, not punishable by jail, and most people are able to just walk away with a bruised reputation and a holein their pocket. If sexual harassment were a more serious crime, and the consequences forbringing false accusations more serious, the cases involved with this matter would more thanlikely decrease. Another reason why many of these cases are brought up is the publicity. Even ifa person does not receive the money for the case they will have experienced more than their 15minutes of fame, and totally humiliated the other person involved, whether innocent or guilty, and sometimes that is the only purpose in bringing up the charges.
Sexual harassment charges arebeing misused. Sexual harassment is defined as any kind of sexual behavior that is unwelcome and/or inappropriate for the work place. Sexual harassment can embrace verbal harassment (i. e.
derogatory or comments or dirty jokes under the circumstances), visual harassment (i. e. derogatory or embarrassing posters, cartoons, drawing, etc. ), physical harassment, and sexualfavors (i.
e. sexual advances, confrontation with sexual demands). It is also defined as anyunwelcome sexual advances or conduct. Sexual harassment also includes animosity that isgender-based and a sexually charged work environment. In the work place, sexual harassmentcan come from the owner, supervisor, manager, lead person, foreperson, co-worker and/orcustomer.
However, sexual harassment does not restrict itself to the work place. Sexualharassment can come in many forms. Sexual harassment can also be found in many schools(Eslamboly). Sexual harassment is not legal under federal law.
Title VII of the civil rights of 1964strictly prohibits sexual harassment. Title VII classifies sexual harassment claims in two categories quid pro quo and hostile work environment. Quid pro quo sexual harassment takes place when a supervisor or someone with authority over your job demands sexual favors from you in exchange for his/her assistance in promoting, hiring, or retaining you. the demand for sexual favors can be expressed, e.g. if you go to bed with me, I will make sure you keep yourjob or get a raise, or it can be implied from unwelcome physical conduct such as touching,grabbing, or fondling.
As an employee, you have a right to work in an environment that is free of ridicule, discrimination, intimidation, and insult. A potential claim for hostile work environmentcan be made if the sexual harassment unreasonably interferes with your work performance orcreates an offensive or intimidating work environment.