Bus 670: Legal Environment - Final Paper

Better Essays
Summary Paper
David Murphy
BUS 670: Legal Environment
Professor Michael Schindler
July 2, 2012 Summary Paper
Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.
In corporate America, sexual harassment is a huge concern amongst many organizations. The matter of sexual harassment is an issue that needs to be immediately attended to in order for companies to avoid large costs associated with lawsuits stemming from allegations of being sexually harassed in the workplace. Sexual harassment is usually an immediate damage. According to Crucet et al. (2010), “sexual harassment can cause damage to a company’s representation, status, customers, as well as their proceeds”. Sexual harassment can be identified as any unwelcome sexual jesters or advances, request for sex, and/or any physical or verbal conduct that may be considered in a sexual nature. The legalities circling sexual harassment can be broken down into two particular categories. According to Crucet et al. (2010), “the first category is quid pro quo and the second one consists of a hostile environment”. The first category of quid pro quo (this for that) sexual harassment usually involves an employee and a supervisor because in most situations only supervisors have the power of hiring and firing an employee. It also “involves some express or implied linkage between an employee’s submission to sexually oriented behavior and tangible job consequences” (Mallor et al., 2010, p. 1328). An example of quid pro quo could be related to a supervisor telling his female employee that “if you do this sexual favor for



References: Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2010). Business Law: The ethical, global, and e-commerce environment (14th ed.) "Tony" Cabassa, L.. (2010). Employment Law and Litigation Committee: Covering All Legal Issues Related to the Employment Relationship 2011, from Research Library. (Document ID: 2271069871). "Tony" Cabassa, L.. (2011). DEFENDING AN ALLEGED WORKPLACE HARASSER. The Brief, 40(2), 45-53 ID: 2271069951). Crucet, C., Graells, J., Cabral, S., & Lane, S.. (2010). SEXUAL HARASSMENT IN THE WORKPLACE and Regulatory Issues. Proceedings, 14(1), 16-20. Retrieved June 2, 2011, from ABI/INFORM Global Tyner, L., & Clinton, M.. (2010). SEXUAL HARASSMENT IN THE WORKPLACE: ARE HUMAN RESOURCE PROFESSIONALS VICTIMS? Journal of Organizational Culture, Communication and Conflict, 14(1), 33-49. Retrieved June 2, 2011, from ABI/INFORM Global Das, A.. (2009). Sexual Harassment at Work in the United States. Archives of Sexual Behavior, 38(6), 909-21 ID: 1918557551).

You May Also Find These Documents Helpful

  • Powerful Essays

    Sexual harassment is being widely discussed as a topic of interest among many professional communities, including Human Resources and Management in the workplace. This research document will give an understanding of how management should address this issue when present in a work environment.…

    • 1268 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Ethical issues we face

    • 436 Words
    • 2 Pages

    Sexual harassment is one of most common ethical issues in the workplace behind which a large number of legal trials exist. Asking sexual favors in exchange of promotions is not only unethical but also punishable by law in most of the countries.…

    • 436 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Sexual harassment is a demeaning practice, one that constitutes a profound affront to the dignity of the employees forced to endure it. By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being. Sexual harassment is well defined as an unwelcome sexual request for sexual favors and other verbal or physical conduct of a sexual nature. In many countries, sexual harassment is considered a form of sexual abuse and employment discrimination. Sexual harassment is most prevalent is organizations both professional and academic, though it can occur almost anywhere. Unfortunately, sexual harassment is a complicated issue that confronts employers and employees far too often in the workplace. It causes confusion and uncertainty which interferes with a productive working environment. Sexual harassment interferes with individuals work performance or creates an intimidating, hostile or offensive work environment results in poor performance and lack of motivation. Policies and facts Organizations should have a policy that will not cause any confusion.…

    • 1081 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    References: Helma, M. M. (1992). Sexual harassment. Retrieved from Tepper School of Business website: http://wpweb2.tepper.cmu.edu///-case.pdf…

    • 2326 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Sexual harassment is defined by Trevino and Nelson as being any unwelcome sexually oriented behavior that makes someone feel uncomfortable at work and is not limited to women. They go on to mention that there are two types of sexual harassment, quid quo pro and hostile work environment. Seeing as the selected article relates to the latter, the focus will be on such.…

    • 892 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This article was written based on an incident that took place in an end-of-the-year holiday party at an unidentified company. The incident involved a female and a male employee and resulted in a sexual-harassment complaint by the female employee. Although the article was written based on this incident, its main goal was to teach or point out to employers the major consequences they will face by not taking preventive measures to avoid such incidents, what they can do to prevent them from happening, and what they should do if they occur. It discussed the legal issues surrounding sexual harassment, how these laws came about, its trend over the years, and the actions taken in the particular incident mentioned. Even though the article focused on sexual harassment, its scope went beyond just the concept of sexual harassment that the preventive measures discussed can be applied to almost any legal issue in Human Resources Management.…

    • 1032 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Sexual harassment in the workplace is a very serious problem that needs to be dealt with effectively. What is sexual harassment? Sexual harassment is defined as a form of sex discrimination, which is a violation of Title VII of the Civil Rights Act of 1964. It involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, especially when submission to this conduct is made a term or condition of one's employment (www.business.strose.edu). However, sexual harassment is not limited to sexual advances. It also includes the creation of a intimidating, hostile, or offensive working environment based on one's sex. Although men also face harassment, women are the most likely victims. Harm caused by sexual harassment is often extreme, including loss of dignity, psychological injury, and damage to professional reputation and career. The victims often face a choice between their work and their self-esteem. Sometimes, they even face a choice between their jobs and their own safety. There has been a great deal of debate on sexual harassment in the last few years. What exactly constitutes sexual harassment? There are many arguments of this nature. Many people think sexual harassment is something other than what it really is. Many people agree on the pro quo form of sexual harassment (sexual advances, requesting sexual favors, etc..). However, the "hostile working environment" harassment is still under great debate. This type of harassment is done when the workplace is full of discriminatory intimidation, ridicule, and insult. It can make people feel very uncomfortable and is often less easy to recognize. This is where the law gets tricky. If the victim does not perceive the environment to be hostile, then it is not a violation of the law. One must look at the whole picture. This leads to many questions however. Is it okay to tell off-color jokes? What is unwelcome? When is conduct…

    • 1840 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Research Paper

    • 622 Words
    • 3 Pages

    References: Miller, J.P., Barnes, A.J., Bowers, T., Langvandt, T., (2012). Business Law The Ethical, Global,…

    • 622 Words
    • 3 Pages
    Good Essays
  • Good Essays

    HRM Case Study KK Laundry

    • 883 Words
    • 3 Pages

    Sexual harassment at work is a serious matter. It is sometimes viewed as a joke, but it can make people’s lives a misery and seriously affect how they do their job.2 Human resource managers must therefore deal with sexual harassment problem accordingly to maintain a good working atmosphere to all people at the company. If the company does not have any sexual harassment policy, it must adopt one soon and turn it into an organizational culture. Employees should be warned that sexual harassment is strictly not tolerated and they should know the possible consequences. The company must have a body that can deal with sexual harassment issues, any sexual harassment behavior should be reported and any complaint should immediately be followed by probation, thus offenders must be probed and meet the consequences if found guilty.…

    • 883 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Let’s pretend for a moment that I was hired to work at the Fabulous Hotel as their head chef. In order to accept this job, I signed a contract with the hotel locking me into working for them for two years. After the two years were up, the Amazing Hotel down the street decided that they like my work ethic and skills in the kitchen, and the hotel owner offered me double what I made at the Fabulous to work at the Amazing. However, before I decided to quit working for the Fabulous, the owner reminded me of the contract that I signed two years prior when I first started working there. In that contact, there was the following statement,…

    • 1564 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    Gender Neutral Policy

    • 1422 Words
    • 6 Pages

    The awareness of the broader problem of gender discrimination and the specific instances of sexual harassment gained focus in the 1970s. But even today there is little agreement on the definition of such behavior. Research shows that men and women differ in what they view as acceptable behavior. Women define a wide variety of sexual behaviors at work as sexual harassment, while men tended to rate only the more extreme behaviors as harassment. (Collins and Blodgett, 1981)…

    • 1422 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Roberts, B. S., & Mann, R. A. (n.d.). Sexual Harassment in the Workplace: A Primer. Retrieved July 2013, from http://www3.uakron.edu/lawrev/robert1.html…

    • 1225 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Sexual Harrrasment Policy

    • 1861 Words
    • 8 Pages

    Sexual harassment is any behavior that is unwanted by an employee or affects the dignity or work performance of any employee at work. Sexual harassment is illegal and wrongful. Sexual harassment should be prohibited in the workplace. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “ unwelcomed sexual advances, requests for sexual favors, and other verbal or…

    • 1861 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Ethical Management Issues

    • 1134 Words
    • 3 Pages

    Morals and ethics have become important in today’s business world. At times Sexual harassment or harassment of any kind can get to the point to where an individual must be careful when complimenting another, which can lead to an individual losing their job. As it states in the dictionary, “harassment is to irritate or torment persistently. Moral and ethical issues managers may face when it comes to harassment or sexual harasment may be someone that has crossed the line ethically by something as simple as a compliment. The manager must then communicate to his/her employee the seriousness of harassment in the work place. If an individual is not comfortable with something another employee says to him/her, then this can be harassment. Employees are protected under the civil rights act. The affect on other workers when faced with harassment can affect their job performance and affect them socially by causing a hostile or offensive work environment. Sexual harassment can come in the form of making jokes, gestures, comments about one’s body, touching, brushing against an individual or blocking a person’s movement. These types of harassment can cause an individual to withdraw socially and in the work environment.…

    • 1134 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sexual Harassment

    • 1224 Words
    • 4 Pages

    The EEOC defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” This conduct must explicitly or implicitly affects an individual’s employment, unreasonably interference with their work performance, or create an intimidating or hostile work environment.…

    • 1224 Words
    • 4 Pages
    Good Essays