Sexual Harassment in Depth - Term Paper Example

Name: Tutor: Title: Sexual harassment in workplace Course: Date: Table of Contents Table of Contents 2 Sexual Harassment in Workplace 2 1.0 Introduction 2 2.0 Definition and explanation of sexual harassment according to human resource management 3 3.0 Sexual harassment examples within the working place 4 4.0 Statistics on sexual harassment in Australia 4 5.1 Getting support from skilled management 6 5.2 Writing and implementing a policy on sexual harassment 6 5.3 Regular information and training concerning sexual harassment 7 5.4 Encouraging suitable conduct by managers 7 5.5 Creating a positive place of work environment 7 6.0 How employees should respond if they experience or observe harassing behavior in accordance with the Act 8 7.0 Conclusion 10 8.0 Bibliography 11 Sexual Harassment in Workplace 1.0 Introduction Practices of human resource management are directed by laws, and every country has its own laws and although these rules have considerably facilitated reduction of discrimination in employment and unjust employment practices, they have simultaneously, had a lowering impact on management’s judgment over human resources. As a consequence that is direct; managers should regularly examine their authoritarian environment in a cause to keep abreast of lawful requirements. In Australia, among the primary regulations that affect human resource management is sexual harassment (Robbins et al. 2011, p. 157). This paper therefore discusses sexual harassment in depth and how employees can minimize sexual harassment and how they can act when they experience or observe harassing behavior according to the Act. 2.0 Definition and explanation of sexual harassment according to human resource management According to Sex Discrimination Act in Australia, sexual harassment is any sexual favors requests or any sexual advance that is unwelcome and it can also be a written, verbal or physical behavior of a sexual character by a supervisor, manager, workmates or non-employee who is regarded as the third party (Charlesworth et al, 2011). There are various types of sexual harassment in the workplace. The first is the quid pro quo. This is a type of sexual harassment that occurs when a supervisor or a manager or anyone who is in power withholds or gives a benefit that is related to work in exchange for favors of sex. Normally, the harasser calls for favors of sex from the prey, either punishing or rewarding the prey one way or another. The second type of sexual harassment in the workplace is hostile environment. This happens when the prey is exposed to undesirable and persistent or severe recurrent sexual comments, touching, suggestions, or other behavior of sexual character which brings about an offensive or threatening place for employees to perform their duties. 3.0 Sexual harassment examples within the working place There are various examples of sexual harassment in the working environment. These include and not limited to uninvited embraces or kisses, uninvited touching, indecent comments or jokes, making threats or promises in return for favors of sex, stalking, offensive letters or phone calls, persistent insinuations or questions regarding an individual’s private life, conversation that is sexually explicit, sexual gestures or exposing genitals, insults that are sexual in nature, and staring at an employee’s body part (Boland, 2005). When an employee goes through these examples, the productivity of work is likely to be affected. Although sexual harassment is common in many working place, it is important for the sexual harassment policy to clarify that sexual harassment is not a conduct that is grounded on mutual attraction, respect and friendship (Rosman & Mcdonald, 1999). If the relation is consensual, friendly and reciprocated, then this should not be termed as sexual harassment. It is very essential for the sexual harassment policy to explain that sexual harassment is not in accordance with the law. Reference need to be made to the central, territory or state anti-discrimination rules that are relevant to the company. Staff must know that lawful action may be taken against them for engaging in sexual harassment and that the company could be exposed to liability due to their behavior (Solie, 2006). 4.0 Statistics on sexual harassment in Australia Sexual harassment is still a problem within the workplaces in Australia and globally as well. Studies show that approximately one third of females within Australia between the age limit of 18-64 have encountered sexual harassment in their life span. The mainstream of sexual harassment is still experienced within the places of work in about 65%. In 2008, survey revealed that about 22% of females and 5% of males within 18-64 age groups have experienced harassment of sex within the places of work in their life span, contrast to 2003 survey of 7% of men and 28% of women (Madison & Minichiello, 2001). According to Koritsas et al, (2009), provided that sexual harassment is experienced by a person, it is expected to be taking place to another person within the same workplace. This is supported by a report in Australia that almost half of the people who have been harassed sexually in the past five years say that it has happened to another person as well within the same place of work (Solie, 2006). Although both gender can be affected by sexual harassment within the workplace, study show that sexual harassment basically affects women within the places of work in Australia (Charlesworth et al, 2011). 5.0 How employees can minimize or prevent sexual harassment in the workplace In an effort to minimize and prevent sexual harassment within the places of work, employees have a greater role to play. This can be greatly achieved by the help of their employers and the organization’s management as a whole. The key to minimizing and preventing sexual harassment in the workplace is for human resource management and the employers to clarify to all employees and participants within the workplace that sexual harassment is not acceptable within the place of work (Wagner, 1992). This can be achieved by developing a comprehensible policy on sexual harassment, conveying it to every participant in the workplace and ensuring that it is clearly understood. Additionally, it is essential that suitable manners be modeled by employers and the entire management within the place of work. On its own, a written policy is not sufficient. A strategy that is not executed through education, communication and enforcement will inappropriate in discharging liability (Mueller et al, 2001). However, when the following steps are implemented within the workplace, employees as well as employers can effectively prevent or minimize sexual harassment. Studies recommend that employers can implement the following strategies and help employees prevent and minimize sexual harassment. 5.1 Getting support from skilled management It is essential to assemble a high level support from senior management and chief executive officer for implementing an inclusive strategy to tackle sexual harassment (Madison & Minichiello, 2001). This way the employees will have confidence in their employers that they are helping in minimizing the risk of sexual harassment. 5.2 Writing and implementing a policy on sexual harassment It is important that the organization develops a policy that is written that forbids sexual persecution in accord with relevant unions and staff. In order to minimize sexual harassment, employees need to abide by the provided policy on sexual harassment. Regular distribution and promotion of the policy at every level of the company will also facilitate reduction and prevention of sexual harassment in the workplace (Madison & Minichiello, 2001). 5.3 Regular information and training concerning sexual harassment Another mechanism through which employees can prevent or minimize sexual harassment is by attending customary training sessions on sexual harassment and the policy that governs it (Rosman & Mcdonald, 1999). This training needs to be based on behavior which means it is required to enhance knowledge and understanding of particular behaviors that might result to sexual harassment illustrated in the Sex Discrimination Act. Thus regular training is highly recommended. 5.4 Encouraging suitable conduct by managers In an effort to help employees prevent or minimize sexual harassment in the workplace, line managers need to acknowledge the need to represent suitable principles of professional conduct every time. Suitable conduct by managers should include accountability methods in descriptions of position for managers. The organization should also make sure that management positions’ selection criteria incorporate the obligation that managers have an established understanding of and capacity to tackle issues of harassment and discrimination as a constitute of their general human resource responsibility (Sharma, 2005). This can be enhanced by checking whether they fulfilling their roles via performance appraisal systems. 5.5 Creating a positive place of work environment Creating a constructive workplace environment is everyone’s responsibility at the place of work. Particularly, this positive environment should target minimizing or preventing sexual harassment so that employees and workplace participants’ productivity of work be sustainable. To obtain this, some factors need to be considered. For instance, removing offensive, pornographic or sexually explicit, literature, posters, calendars and any other related material from the place of work must be considered (Sharma, 2005). Another factor is developing a strategy banning improper computer technology use by employees, like screen savers and the internet. It is also recommended that large and medium employers carry out habitual audits to assess the occurrence of sexual harassment within their places of work. This facilitates minimal incidence of sexual harassment at the workplace. 6.0 How employees should respond if they experience or observe harassing behavior in accordance with the Act The Sex Discrimination Act shields people across Australia from issues of discrimination on the ground of marital status and sex, with respect to employment (Charlesworth et al, 2011). According to the Act, sexual harassment is against the rule. This is why when employees at the workplace experience or observe harassing behavior according to the Act, they need to take the necessary legal procedures. Employees need to be informed of the various methods that sexual harassment should be addressed. This entails informal action like directly confronting the sexual harasser although only when the victim feels sufficiently confident to do so; presenting a formal grievance to the relevant management or using the company’s internal complaints processes (Sharma, 2005). The manner that complaints shall be handled needs to be acknowledged in the policy or in a different complaints procedure. Employees can as well go to their union, applicable territory or state anti-discrimination organization, or the Commission for relevant information and private advice (Singh, 2000). There is power in someone telling their own story; therefore, the harassed employee should seek a means to speak out because this can be used as evidence if later on one decides to file a lawsuit or complaint. Keeping a record that entails location, time, date, and description of every occurrence of harassment with exact detail concerning what has been done or observed is very important. This also includes evidence like text messages and gifts. Even though a lot has been said concerning harassment within the place of work and several lawsuits have been documented, majority of employees fail to absolutely comprehend the matter (Charlesworth et al, 2011). Various organizations offer diversity training comprehensive of harassment, however a number of employees do not understand the entire consequences and implications of such actions. This ignorance thus can present a lot of problems for the affected employer, including tension in the place and friction amidst employees. Apart from the presented problems, harassment can as well be very expensive if an employee comes to a decision that their employer has failed to do enough in an effort to minimize or prevent sexual harassment. Hence, according to the Act, employers have an obligation, both legal and moral to prevent harassment within the place of work and take instant action in response to sexual violations (Sharma, 2005). 7.0 Conclusion As discussed above, sexual harassment continues to be a problem in the workplaces particularly in Australia. Although both sexes are affected by sexual harassment at their places of work, study indicates that majority of the victims are female. However, the Sex Discrimination Act in Australia is there to protect anyone who is violated sexually since it states that sexual harassment is against the law. This therefore means that anyone, particularly employees who experience or observe harassing at the place of work need to follow procedures that protect their human rights in accordance to the Act. For instance, they should report to their employers or the human resource management so that a legal documentation is done and the necessary action be taken either internally or externally like filling a lawsuit. Therefore it is important for organizations to have a policy on sexual harassment regardless of the size so that a positive working environment is promoted hence employees work productivity is enhanced. 8.0 Bibliography Boland, M. 2005, Sexual Harassment in the Workplace, SphinxLegal Publishing. Charlesworth et al. 2011, Naming and claiming workplace sexual harassment in Australia, Australian Journal of Social Issues, Vol. 46, pp 141-161. Koritsas et al. 2009, Factors associated with workplace violence in paramedics, Prehospital and Disaster Medicine, Vol 24, Issue 5. Madison, J. & Minichiello V. 2001, Sexual harassment in healthcare: classification of harassers and rationalizations of sex-based harassment behavior, The Journal of Nursing Administration, Vol 31, pp 534-43. Mueller et al. 2001, Sexual harassment in the workplace: Unanticipated consequences of modern social control in organizations, Work and Occupations : an International Sociological Journal. Vol. 28, Issue 4. Robbins et al. 2011, Management: the essentials, Perason, Frenchs Forest. Rosman, JP. & Mcdonald JJ JR. 1999, Forensic aspects of sexual harassment, The Psychiatric Clinics of North America, Vol 22, pp 129-45. Sharma, R. 2005, Prevention of Sexual Harassment, SOCIAL WELFARE -DELHI-. Vol 52, pp 25-30. Singh, D. 2000, Issue of sexual harassment: alegal perspective, Indian Journal of Industrial Relations, Vol. 36. Solie, R. 2006, Sexual harassment: fact, fiction and prevention, Part 1. Public Safety Communications, Vol 72, Issue 2. Wagner, J. 1992, Sexual harassment in the workplace: how to prevent, investigate, and resolve problems in your organization, New York, AMACOM. Read More