Sexual Harassment

This report provides an overview of sexual harassment, including its definition, investigation process, legal liability, prevention measures, and case studies. It also discusses the implications of the Civil Rights Act, 1991 and provides recommendations for handling sexual harassment cases. The report is relevant for anyone interested in understanding and addressing sexual harassment in the workplace.

2/19/2019
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Student’s Name

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Contents
Introduction.................................................................................................................................................2
Sexual Harassment......................................................................................................................................3
Investigation process...............................................................................................................................4
Legal liability of Eora Jean & Co...............................................................................................................5
Meditation V/S Litigation.....................................................................................................................5
Elements in Sexual Harassment in policy.................................................................................................6
Prevention...............................................................................................................................................7
Case of sexual harassment..........................................................................................................................8
Implications.................................................................................................................................................9
Recommendations.................................................................................................................................10
Conclusion.................................................................................................................................................11
References.................................................................................................................................................12

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Introduction
Sexual Harassment refers unwelcome sexual nature which is humiliating, aggressive and
intimidating (Pina, Gannon & Saunders, 2009). In Elora Jean & Co. two women employee
complaint regarding sexual harassment. But after no response they decided to file a complaint in
Equal Employment Opportunity Commission (EEOC). This report contain rules and regulation
regarding sexual harassment concept. This report also states provisions regarding about the Civil
Rights Act, 1991.

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Sexual Harassment
According to Civil Right Act, 1964, it prohibits discrimination against women and men on
the basis of race, colour in the organisation. Sexual harassment also includes unwelcome sexual
advances, sexual favours, etc. Sexual Harassment definition further explained:
This can be occur in any situation, including but not limited to the following:
- The victim and harasser can be men or women.
- Harasser can be anyone such as employer, agent, colleague, employee, supervisor or a
non-employee.
- Victim also includes person who were affected by the act.
- Harasser’s conduct must be unwelcome.
Sexual Harassment occurs when person rejects sexual conduct for employment opportunities
(Solotoff, & Kramer, 2018).

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Investigation process
If a superior received complaint regarding sexual harassment, he should investigate ethically
and legally. Elora Jean & Co. should proceed investigation by following ways:
- Enquire other employees who were closed to those two female employees.
- Highlight the incidents which discover the sexual harassment
- Ask questions to third party regarding harasser’s behaviour toward victim.
Investigation steps include:
- Start investigation: In this determine necessary measures which you going to take
regarding complaint.
- Conducting the investigation: In this parties will present their witnesses and evidences
such as questioning the witnesses and verifying the documents.
- Issuance of a determination: In this step supervisor informed parties about status of
investigation.
- Demand rights: In this step complainant file a complaint to Office for Civil Rights.
- Confidentiality: Superior should take care about the confidentiality regarding victim’s
dignity (Chancellor, 2012).

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Legal liability of Eora Jean & Co.
If case is filed in EEOC, then company should produce all the evidence and support
EEOC in the investigation held by them. In addition to this Euro Jean & Co. should complied
with order and applicable rules and regulations.
Meditation V/S Litigation
Meditation refers resolution of arguments. This includes disputes which already
converted into lawsuits. It is a process where third person known as mediator hears dispute
between the parties and settle the case by evaluating the evidence.
Litigation is the process on which case is filed in the court so that judge can announce an
order regarding specific case. In this process two people argument with each other in the court
according to applicable laws and regulations (World Bank Women & Business and the Law,
2014).

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Elements in Sexual Harassment in policy
- Zero Tolerance: Sexual Harassment is a big issue in many areas. Employer should made
a strict policy regarding this so that they did not even think about sexual harassment.
- Cases: Illustrate cases regarding sexual harassment so that people will clarify about the
policy.
- Obligation to Report: Employees should understand that reporting regarding sexual
harassment is a duty of victim.
- Retaliation: Company should take care that victim should be protected against vengeful
acts.
- Confidentiality: Make employee information confidential as it’s involve dignity of
employee.

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Prevention
Elora Jean & Co. should take effective steps to prevent their employee from sexual
harassment in the future. This is the responsibility of the employer to take care of their staff.
Some of the steps which can be taken regarding sexual harassment in the future are given below:
- Do not discriminate among employees.
- Make strict policy regarding sexual harassment so that employees think twice before
conducting such action.
- Make clear to employees that harassment will not be tolerated and it lead to permanent
termination from organisation.
- Take action to eliminate discriminatory jokes, posters, photos, etc. at the workplace
(England, 2015).

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Case of sexual harassment
In Chopourian v. Catholic Healthcare West, Case No. 2:09-CV-02972-KJM-KJN (E.D.
Cal. Feb. 28, 2012) case physician assistant file a complaint regarding sexual harassment in the
Mercy General Hospital. Federal jury of California conferred $168 million to victim as
compensation. This award was one of the largest judgment in the history of workplace sexual
harassment. She alleged that one surgeon would welcome her each morning via saying “I am
horny”. In addition to this he smack her bottom too. After entertaining arguments of both the
sides, judge declared award of $168 million as final judgment (USA Today, 2019).

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Implications
Civil Rights Act, 1991 is a US labour law which limit the rights of employees. This law is
passed for the welfare of those employees who want to sue their employers for discrimination.
This act enforced due to:
- Protection of women and minorities.
- Reduction in cases of employment discrimination.
- Welfare of rights of employees in the workplace.
- Cover workplace sexual harassment.
- State Punitive and Compensatory damages to victim.
- Prohibited employers to offer employment opportunities to employees on the basis of
gender, religion, caste, etc. (Ortega, 2015).

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Recommendations
EEOC is responsible for introducing federal laws regarding employee discrimination. I
recommend to owner of Elora Jean & Co. that they should revise the policy of sexual harassment
in the organisation. After receiving complaint regarding sexual harassment from two women in
the organisation, he should take immediate action upon. In my view he should conduct proper
investigation regarding complaint filed by women. If they respond to women on their repetitive
complaint, there is no need to file a complaint on EEOC. I suggest to make strict rules and
regulations regarding sexual harassment, abusive behaviour and employee discrimination in the
workplace.
It is necessary to make certain clarifications before responding to EEOC. It includes
notify and preserve all the necessary documents, consider meditation, etc. A successful defence
begins with having good strategies and practices well before a custody is received.

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Conclusion
Sexual Harassment in the workplace lead to unethical activity. Harassment affects the
dignity of victim. In Elora Jean & Co. two women alleged regarding sexual harassment by their
superiors. After no response from the superiors of the organisation, they decided to file a
complaint on Equal Employment opportunity Commission. Sexual Harassment is unethical
activity and it badly influence the victim. Hence, it is concluded that Elora Jean & Co. need to
revise their employment protection policy. EEOC is responsible for making rules and regulations
regarding labour welfare. Further it is also concluded that employee health and safety is prior
over any other concern (Hersch, 2011).

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References
Chancellor, A. (2012). Investigating Sexual Assault Cases. United States: Jones & Bartlett
Publishers.
England, D. (2015). The Essential Guide to Handling Workplace Harassment & Discrimination.
United States: NOLO.
Hersch, J. (2011). Compensating differentials for sexual harassment. American Economic
Review Papers and Proceedings, 101(3).
Ortega, S. (2015). Sexual Harassment and Sex Offenders: Patterns, coping strategies of victims
and Psychological Implications. New York: Nova Science Publishers.
Pina, A., Gannon, T. A. & Saunders, B. (2009). An overview of the literature on sexual
harassment: Perpetrator, theory, and treatment issues. Aggression and Violent Behaviour,
14(2).
Solotoff, L. & Kramer, H. (2018). Sex Discrimination and Sexual Harassment in the Work Place.
New York: Law Journal Press.
USA Today. (2019). Sexual Harassment: Here are some of the biggest cases. Retrieved from:
https://www.usatoday.com/story/money/2017/10/25/sexual-harassment-here-some-
biggest-cases/791439001/.
World Bank Women & Business and the Law. (2014). Removing Restrictions to Enhance
Gender Equality. London: Bloomsbury.