Thursday, July 03, 2008

Sexual Harrassment in workplace

Now this is really a sensitive issue to all women working.
A really disadvantage and social inequality at work.
What really constitutes to sexual harrassment?

In US, it is explained as such:

Sexual Harassment
Sexual harassment is a form of sex discrimination that violates
Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when 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 but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
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.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
Statistics
In Fiscal Year 2007, EEOC received 12,510 charges of sexual harassment. 16.0% of those charges were filed by males. EEOC resolved 11,592 sexual harassment charges in FY 2007 and recovered $49.9 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).


(courtesy of The U.S. Equal Employment Opportunity Commission )

This is a very serious accusation especially in conservative Asian society.

We all suffer when sexual harassment is tolerated in our classrooms and workplaces. There are two types of sexual harassment, “quid pro quo” and “hostile environment.” Sometimes the two types occur together. The targeted person may be harmed emotionally, mentally, and even physically.
Hostile environment is the most common form of Sexual Harassment. Hostile environment has occurred when it unreasonably interferes with a person’s work or academic performance or it creates an intimidating, hostile, abusive or offensive environment. It usually involves a pattern of repeated behavior, such as:
Behavior that is unwelcome Requests for a date Behavior that is sexual in nature A shoulder or back rub Behavior that creates a hostile or intimidating environment Comments about a person’s appearance
Quid pro quo is a Latin term meaning “this for that”. This form of harassment is usually easy to recognize. Quid pro quo occurs when a supervisor or faculty member, or a person acting with authority, withholds, demands and/or promises a benefit by pressuring an employee or student to submit to unwelcome sexual conduct. For example:
A employee is denied a promotion because he/she refuses to be romantically involved with his/her supervisor; or A student received a lower grade because he/she refuses to go on a date with his/her teaching assistance; or A professor threatens to make a graduate students life miserable after he/she refuses to attend a conference with him/her and carries out the threat by giving the graduate more work than is required.
The following are some examples of behavior(s), if unwelcome, that may constitute sexual harassment depending on the severity and pervasiveness of the conduct:
unwelcome sexual remarks, jokes, or taunting displaying of graphic descriptions of pornography repeated requests for dates demands or requests for sexual favors unnecessary touching, grabbing, patting, pinching, leering, staring or suggestive gestures obscene phone calls unwanted e-mails or letters public humiliation bashing due to sexual orientation forcing a kiss sexual assault (forced or non consensual sexual intercourse, including penetration with a foreign object)
What to Do If You Are Accused of Sexual HarassmentIf you are told that your behavior is inappropriate and/or offensive, you must immediately stop the behavior. People perceive certain behaviors, jokes, and gestures, along with other things differently. What may be acceptable to you may be extremely offensive to someone else. Some times due to the difference in culture or morals you may not think your comment(s) or behavior are offensive. Nevertheless, you should try to understand the other person’s feelings and concerns and respect his or her request to stop the sexual harassment.
While it can be distressing to have a complaint made against you, if you are accused of sexual harassment you have the right to:
Be informed of the allegations filed against you, and provided with the opportunity to respond to specifics surrounding the allegations
Be accompanied by a support person, such as friend or campus resource administrator
Seek private legal counsel
Have the outcome of the investigation fully explained
In the event that the complaint is to be dismissed, receive notification of that recommendation
In the event a complainant is found to have been dishonest or to have intentionally made false allegations against the accused, the complainant shall be subject to disciplinary action up to and including, if deemed appropriate, termination or expulsion
The consequences to a person if sufficient evidence of a violation of the policy is found regarding sexual harassment can include:
Letter of warning Disciplinary probation Denial of promotion Demotion Suspension Termination
Intent vs. ImpactSexual harassment has been evaluated by whether a “reasonable person” would consider the inappropriate conduct offensive under federal law, Title VII of the 1964 Civil Rights Act . However, in 1991, the 9th Circuit Court of Appeals decision in Ellison v. Brady, concluded that the harassing conduct must be evaluated from the perspective of the victim. This means that the inappropriate conduct must be evaluated from the victim’s perception. The victim determines whether the conduct is sufficiently severe and/or pervasive as to create a hostile environment. The intent of the harasser has no factor in the matter. Because of Ellison v. Brady the standard brought the federal law closer to state law’s interpretation of what is a hostile work environment. Under the California Fair Employment and Housing Act, the environment is evaluated from the victim’s perspective. In this case the court acknowledges that a man or woman may suffer work environment sexual harassment even where his/her co-workers, or a “reasonable person,” would not be offended by the offensive conduct.The Title IX/Sexual Harassment Office is aware that sexual harassment complaints may be substantiated, in part, by the victim’s perception. To determine whether or not there has been a violation of Title IX, will be determined by whether the conduct is of a sexual nature and the victim is credible, and the victim’s perception of the environment will be given great weight to the complaint.
In case of nonphysical harassment conduct may be one or a combination of:
Unwelcome attention -- The person to whom the conduct is directed toward must not invite, condone, reciprocate or participate in the conduct.
Severe and pervasive behavior -- One incident does not usually constitute sexual harassment unless the conduct is severe, such as sexual assault or other physical touching. The less severe usually is repetitive or a pattern of inappropriate conduct.
Unreasonably interfering with academic/work performance and/or creates a hostile environment.
Academic FreedomThe University acknowledges the law to protect the freedom of UCR faculty, staff, and students under the First Amendment of the United States Constitution and Article I section I of the California Constitution to engage in legitimate intellectual and professional criteria, not personal views, with respect to political, religious, social or artistic expression within the University setting without unreasonable restriction or penalty.
In general, within the academic setting, speech that is significant to the academic course or addresses public concern would be protected by the Constitution. When does speech violate the campus policy? Verbal conduct is only actionable under the Sexual Harassment Complaint Resolution policy if the conduct exceeds the boundaries of academic freedom. For example, it would be appropriate to address sexual themes in a classroom situation if it exemplifies points in the course, but if the faculty member uses sexual dialogue that bears no relationship to the course, the speech would not be protected. Speech that is intended to advance the learning process is protected.

This is what is constitutes to sexual harrassment in US.
As can be seen, a sexual harrassment act is something that intrude on personal space and includes intimate acts to the other person.
As we all know, Asians have a lot of personal space. Anyone who trespasses this space is considered to be rude and possibly a "coloured wolf" in chinese.
But then again, it depends on a situational basis.
If you know that person well enough, may be you will allow them to touch your shoulder or acceptable parts of your body.
However, between colleagues, seldom do you have a male colleague whispering in your ears let alone touch your shoulders and back.
It is not as if like a hearty slap on your back by your boss which shows that this person has no bad intention or ulterior motive but to praise you.
It is like a slimy pat that leaves an icky feeling lingering that touched part of the body. It is as if the offender is trying to get a feel of you.
A woman's intuition is more often than not, very accurate.
If she feels that way, most likely she is being harrassed.
However, as we all know in court, the defence counsel will say that the lady has shown signs of looseness or sluty behaviour that the offender fall prey to and think that it is an invitation.
It is really an icky and vomitting experience though it is a huge allegation to say about the guy.
I don't think anyone will feel confortable if someone relatively foreign touch you.
So does anyone outside your family, loved ones and really really closed friends touch you.
I don't think any woman should tolerate this. The offender should be punished by law even if it is a feebly old man.
The very fact that they did that is enough to warrant an arrest. This has got nothing to do with age.
If the men know they are heaty, please, by all means, find your wife or the nearest thing is to find a pond or shower room and drown yourself in it. Don't ever touch innocent party who did nothing physically or intentionally to incur that unneccessary reaction of yours.
Better still, please get a knife and get it over and done with.
Ladies shouldnt be suffering in silence. If you suspect yourself to be victim, please stay in pairs, avoid being alone with the guy.
Please report the offender to the police.
You are not in the wrong.
Why should you suffer in silence when the evil guy gets away scotfree and prey on other women?
You should retailiate and make sure they pay back.
Though it might sound a bit vindictive and bloodthirsty, it is the only way to deal with them. In fact, you are helping them to solve their sickness which they failed to notice and indirectly help other women.

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