Friday, October 23, 2009

Legal Definitions of Sexual Harassment. What is your opinion regarding sexual harassment of men and same sex?


by : Siti Mariam binti Ali, G 72955
Psychology Student, UKM Bangi


Sexual harassment is a legal term. However, not all sexual behavior in the workplace is harassment. The harasser's conduct must be unwelcome. Most states also have laws against sexual harassment that may differ slightly from the federal definition.

The basic definition of sexual harassment by the United Stated Equal Employment Opportunity Commission (EEOC) is unwelcome sexual advances, requests for sexual favors, and other verbal, non 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.

Sexual harassment can occur in a variety of circumstances, including the victim as well as the harasser may be a woman or a man. That mean sexual harassment can happen to a women, man and it also between same gender. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee and the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

There are two legally recognized types of sexual harassment : quid pro quo sexual harassment and hostile environment sexual harassment.

Quid pro quo sexual harassment occurs when it used as the basis for employment decisions affecting the individual and there should be a threat of economic loss. Hostile environment sexual harassment is unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though may not result in tangible or economic job consequences. There are two conditions that determine liability for employers in cases of hostile environment sexual harassment, first, the employer knew or should have known about the harassment, and second, the employer failed to take appropriate corrective action.


Acknowledgement :
www.hr-guide.com

6 comments:

  1. Sexual harassment in the workplace is any action or statement which has sexual interpretation. It can create discomfort able situation to the victim. Victim would feel scared, treated and harmful. It also give a negative impact to the workplace environment such as workers relationship, daily operations and reputation of the organization.

    Sexual harassment is immoral to the religion and culture. Malaysian public sector was already come out with the rule of conduct in handling sexual harassment cases. It stated in “Pekeliling Perkhidmatan Bilangan 12 Tahun 2005, Garis Panduan Mengendalikan Gangguan Seksual Di Tempat Kerja Dalam Perkhidmatan Awam”. Harasser can be charge under “ Peraturan 4A, Peraturan-Peraturan Pegawai Awam (Kelakuan Dan Tatatertib)) 1993”.

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  2. There is so many definition given for sexual harassment but for my opinion any definition been given its not wrong or right as long as its mean to a humiliation towards other staff is a harassment.It take many forms either verbal or non verbal or physical.With all the law and rules to handling this sexual harassment so it would be easy for any victims to break the silence and work peacefully.Workplace harassment can be combated and resolved not only for developing and implementing preventive policies and procedures but also by ensuring an organisational culture and mangement style that fosters openness,trust and support(Tina Stephens and Jane Hallas,2006)


    By Jaclyn Nonggeng

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  3. The work place and the people there are an extension of what happens in our society & the world around us, thus sexual harassment is also an extension of that...
    we may not be able to control & monitor the society as a whole, but it can be dealt with in a far better manner in any organizations...

    by Huzaimah

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  4. sexual harassment can changed someone life forever. it's important for employer to build a safe surrounding at their office. of course it's a hard things to do but, it just that's what they have to do for their own good too. a random check on staff background can help to identify a workers character while being around others.

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  5. For my opinion about sexual harassment towards men or same gender is, it only will happen if the men staff is a transvestite or homosexual person.This could lead to sexual harassment towards men or same gender.I agree with diyana that the employers should take action or check the staff background before keep them as the worker.Even the employers themselve should know if they are one of them they shouldn't take advantage to their staff take care their own manner and be profesional so that it can keep the work enviroment safe without any problem.

    By Jaclyn Nonggeng

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  6. sexual harassment can changed someone life forever. it's important for employer to build a safe surrounding at their office. of course it's a hard things to do but, it just that's what they have to do for their own good too. a random check on staff background can help to identify a workers character while being around others.

    nor diyana aminudin

    ReplyDelete