Contemporary Management Capabilities: Sexual Harassment Analysis

This report addresses a critical incident scenario where a company CEO is accused of sexual harassment. The student analyzes the situation from a leadership perspective, focusing on key personal competencies needed to address the problem. The report begins with an introduction to the issue, followed by a discussion of the case, including an overview and assessment based on inequality and disparate treatment theories. The student interprets the situation through these theoretical lenses, providing recommendations for the company board, such as establishing investigation committees, implementing sexual harassment policies, and ensuring equal opportunities. The report concludes with a summary of findings, emphasizing the need to avoid gender discrimination and create an ethical working environment, with suggestions for further judicial analysis. The report also includes references to support the analysis and recommendations. This report is designed to assist students and is available on Desklib, a platform providing study tools for students.

Running head: CONTEMPORARY MANAGEMENT CAPABILITIES
Contemporary Management Capabilities
Name of the Student
Name of the University
Author’s Note

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Table of Contents
Introduction:....................................................................................................................................2
Discussion:.......................................................................................................................................2
Overview of the case:..................................................................................................................2
Assessment of the Case based on the theories:............................................................................3
Inequality theory:.........................................................................................................................3
Interpretation:..........................................................................................................................4
Disparate Treatment Theory:.......................................................................................................4
Interpretation:..........................................................................................................................5
Recommendation.........................................................................................................................6
Conclusion:......................................................................................................................................7
References:......................................................................................................................................9

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Introduction:
Sexual harassment remains an unwanted and unwelcome widespread workplace
phenomenon. The paper is concerned about a critical scenario where CEO of the company has
been accused for sexual harassment by two previous employees when the same person was
chaired at COO position in another company. The aim of the study is to assess the situation and
gives the recommendation to the board of the company. To, asses and understand the case their
different theory are taken in to consideration such as in-equality theory, disparity treatment
theory and MacKinnon theory. In addition to the theory, the situation of the sexual harassment
case of the company has been interpreted. Based on the theory there is a set of empirical
recommendation has given to the board of the company.
Discussion:
According to sex Discrimination Act 1984 sexual harassment is the unwelcome sexual
conduct, which makes the individual scene of offended, humanity and intimated where that
reaction is reasonable as per the given circumstances.
Overview of the case:
According, to the given critical workplace situation the current CEO of the company
accused by the two of its previous employee who were working as COO of the company for
sexual harassment. The story of the accusation also gets viral in the media and social sites.
However, the CEO denies for this accuse.

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Assessment of the Case based on the theories:
Inequality theory:
According to inequality theory, sexual harassment is sex discrimination because it is
sexually subordinating. Focusing on the case it is a women’s exploitation on job and inequality
theory cauterise the women’s situation as “Structural problem of enforced inferiority that needs
to be radically alter”. The sexes are socially unequal as well as socially differentiated. Therefore,
the theory states that sexual harassment is a group injury that considered from the women’s
social status point of view.
The inequality approach concerned about the discrimination in the position is a
systematically disadvantage in some work place. The rules or the practice of an organisation is
discriminated if there is a systematic social deprivation on one sex. The harassment or unfairness
is base on deprivation because of gender, a deprivation in social context that dominance of one
sex over other gender. It is common to see in the society that men are giving more prior over the
women. Women are vulnerable and has a position is dominated by the men (McDonald&
Charlesworth, 2016). Therefore, when a sexual harassment is finding in the work place is due to
subordination. Thus, in work place when men harass women they are harassed “because of sex”.
The main cause on behalf of this is because of social, economic and position dominance on the
women.
Inequality theory of sex discrimination states that disparate treatment approach is not
enough to deals with the problem of sex inequality. MacKinnon has given a theory known as

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disparate treatment theory, which addresses that all are need to treated alike that is likes be
treated alike. The theory is to address about the sex inequality.
The MacKinnon model is based on sameness and avoids the differences in gender
inequality. The sex equality finds unable to promote the female into a male preserve (Gutek,
2015). The model recommends implementing a law that can prohibit holding women to a
feminine standard. As, per MacKinnon the impact sexual harassment can be best understand as
social inequality of women and any attempts to harm it. But there is some inequality lies in the
Mackinnon which is difficult to implement.
Interpretation:
Based on the inequality theory and MacKinnon model the following interpretation
can do-
 The two former COO were women and the CEO is a male so there is a
difference in sex.
 The CEO occupies the higher position than the COO who was working as
subordinates.
 There also exist a social discrimination between the male and female.
Therefore, these two theories ensure that the CEO of the company harassed the two
women.
Disparate Treatment Theory:
This theory states that sexual harassment is due to the violation of formal equality
principle. According to the disparate treatment theory, similar positioned individuals need to be
treating similar. As, per this theory sexual harassment is the discrimination since the women in a

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men’s position is not treated in a same way. In work place practice sexual harassment signals out
women as a gender- that leads to treat in a special way that adversely affect the employee status
(Gutek, 2015). Sexual harassment restricts the women where the men are not limited. There are
opportunities, which available for men while not in case of women because of sexual condition.
Therefore, this establishes a standard in the employments that is for women there is sexual
requirement and in case of men that does not exist.
Since the sexual harassment creates a arbitrary differentiation among the male and female
in the work place such that women are not placed in the comparable position to male. Thus,
sexual harassment violets the nature of equal treatment (Holland & Cortina, 2016). The theory
makes understand that sexual harassment differentiates the treatment of a woman in a work place
based on their gender which violets the equality principle (Gutek, 2015).
In addition, MacKinnon also stated in her theory that sexual harassment is comes under
the inequality law (Saunders & AM, 2013). She, also address that the court, legislation body
should not adopt this approach. According to her disparate is not an ideal approach as it
somehow ignore recognise that harms to women. MacKinnon gives a statement that the
harassment is “based on sex”. According to her when the men harass women is because of sex.
This approach is so much similar to the inequality theory.
Interpretation:
Based on disparate theory it can say there exist discrimination in the work place
according to the gender. The women are treating differently than men based on sexual
harassment which has a directly or indirectly affect the given case. Since, it has based on
preserving male control and masculine norms (Madan & Nalla, 2016). While, as per MacKinnon
sex is one of the major and most promised factor which influences the sexual harassment in the

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given case. The disparate theory is not much appropriate in the given case; because it always
needs to implement a sexual harassment, related rules and regulation in the work place to protect
the women while the equal treatment is need to concern.
Recommendation:
The following points are recommending to the board of company for taking necessary
steps –
 From, the above assessment of the case it seems to be appear that the CEO is involved
in the sexual harassment against the former COO. Therefore, the company need to
take the necessary action against the CEO like setup an investigation committee to
identify the truth and take the necessary legal action.
 The employer of the company is liable for the sexual harassment committed by the
employee of the company, which is called vicarious liability. The sex discrimination
act makes liable to the company until it takes the reasonable legal action to prevent it.
 The employer must have to implement the sexual harassment policies. The
management should conduct training programme to identify and respond to the sexual
harassment in the work place (Charlesworth & Graham, 2015).
 Implement the internal complaints handling portal or grievances handling committee
to avoid such happenings in future and take the remedial action when complaint is
filed.
 The company should follow the law framed by the law institution of Victoria to stop
the sexual harassment in the company and work out the goal established by the
company towards harassment.

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 There must be the equal opportunities given to the men and women in the work place
so that the gender discrimination will be avoided that will also create an ethical
environment (Charlesworth & Graham, 2015).
 Inform about all the happenings of sexual harassment to the legal custardy of the state
this will enhance the investigation as well as avoid the liability of the company from
the accused person (Lawcouncil.asn.au, 2019).
 Implementing a policy is not enough to control over the sexual harassment so it is
important to take the necessary action to monitor the policies and work efficiently to
increase its effectiveness.
 The grievances committee should attentive if any sexual harassment does happen and
should act as an independent body to avoid any kind of unethical decision or
discrimination.
 The employee should independent and the perception of inequality should avoid.
There must be a proper ethical environment should create (Lawcouncil.asn.au, 2019).
Conclusion:
From, the findings of the above case analysis it can be conclude that the CEO is accuse
for the sexual harassment against his subordinates since it was found in the theoretical
assessment of the case. There also some recommendation has given to the company board for
solving the current situation and avoid such problems in future. There some major steps that
board should consider are avoid the gender discrimination, establishment of grievances
committee, legal action, training to the employee towards the sexual harassment and avoidance
of inequality among the employees which will leads to a friendly and ethical working

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environment. The above analysis could be more concern upon the judiciary level of assessment
so there is scope to analysis the case further in the judiciary point of view.

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References:
Gutek, B. A. (2015). Sexual harassment. Wiley Encyclopedia of Management, 1-1.McDonald,
Holland, K. J., & Cortina, L. M. (2016). Sexual harassment: Undermining the wellbeing of
working women. In Handbook on well-being of working women (pp. 83-101). Springer,
Dordrecht.
Lawcouncil.asn.au, (2019). [online] Available at:
https://www.lawcouncil.asn.au/policy-agenda/advancing-the-profession/equal-
opportunities-in-the-law/sexual-harassment-in-the-workplace [Accessed 24 Mar. 2019].
Madan, M., & Nalla, M. K. (2016). Sexual harassment in public spaces: Examining gender
differences in perceived seriousness and victimization. International Criminal Justice
Review, 26(2), 80-97.
McDonald, P., & Charlesworth, S. (2016). Workplace sexual harassment at the margins. Work,
employment and society, 30(1), 118-134.
P., Charlesworth, S., & Graham, T. (2015). Developing a framework of effective prevention and
response strategies in workplace sexual harassment. Asia Pacific Journal of Human
Resources, 53(1), 41-58.
Saunders, S. & AM, P.E., 2013, September. The nature, pervasiveness and manifestations of
sexual harassment in rural Australia: Does ‘masculinity’of workplace make a difference?.
In Women's Studies International Forum (Vol. 40, pp. 121-131). Pergamon.