A Case of Sexual harassment

A Case of Sexual Harassment

Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 because it is considered a sex-based discrimination . Generally sexual harassment consists of unwelcome sexual advances , requests for sexual favors , and other verbal or physical conduct of a sexual nature provided such behavior negatively affects the victim 's employment status and workplace environment . A sexual harassment case could involve both male and female employees occupying any position in the company . While the harasser and victim could come from either sex , the case could

br involve employees belonging to the same sex . However , majority of the complainants in sexual harassment cases are women . In fact , out of the 12 ,025 claims d with the Equal Employment Opportunity Commission during the fiscal year 2006 , only 15 .4 involved male victims (Equal Employment Opportunity Commission . 2007

The two forms of sexual harassment are quid pro quo sexual harassment ' and hostile environment sexual harassment ' The first type involves an exchange of sexual favor and advantageous employment conditions . For instance , an employee who yields to a supervisor 's sexual advances gets promoted or promised with a promotion , while another who refuses , gets demoted , laid off , denied promotion , or threatened with demotion or dismissal . Hostile environment sexual harassment , on the other hand , does not result to demotion , dismissal or any other economic disadvantages maybe because the harasser is not in a position to cause such an effect . Instead , the victim is subjected to demeaning and sexually offensive language , rude letters , graffiti , or other literature forms , and other such actions which make the victim 's life at the workplace unbearable (Wyatt . 2000

However , there are circumstances when even consensual love affair could give rise to a case of sexual harassment . There are at least two ways for this to happen . The first possibility is when an employee ends a voluntary sexual relationship with another employee who is not yet willing to end their affair . The bitterness that is expected to be felt by the rejected party could provoke him or her to resort to sexual harassment activities , giving due cause for the employee who is ending the relationship to claim such a case . Another scenario is when the spurned employee decides to make even a baseless claim that their affair , in fact , started with a sexual harassment on the part of the employee who is ending their affair . In both scenarios , however , the court gives the burden of proof to the accuser (Free Advice . n .d

In the case study , Janet could possibly have a sexual harassment case if she could prove two things . First , she has to offer proof that the intimate relationship which developed between her and her supervisor Robert , started with a quid pro quo offer from Robert . It should be noted that Janet had already made clear her aspiration of moving up in the company to which Robert replied by saying that if he had the power he would promote her ' If Janet could prove...