Discrimination Part 2
Introduction
One of the issues concerning the workplace of employees includes sexual harassment. Sexual harassment is a form of sex discrimination violating Title VII of the Civil Rights Act of 1964, and applies to employers with 15 or more employees, including state and local governments. It applies to employment agencies, labor organizations, and to the federal government as well. Forms of sexual harassment include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, which affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment (“Sexual Harassment”, 2006).
Prevention is said to be the best means to eliminate sexual harassment in the workplace setting. Employers are encouraged to take necessary precautions to prevent this from occurring, such as clear communication informing employees that sexual harassment will never be tolerated, 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 (“Sexual Harassment”, 2006). With this, effective action plans must be devised to provide discipline in response to sexual harassment complaints.
Action Plan or Policy
Action plans or policies are essential in response to providing discipline of sexual harassment complaints in a workplace environment. Employers must make appropriate and necessary actions to implement discipline in the company and ensure the physical, financial, mental and emotional protection of the employees. In accordance to the federal laws of the U.S. Equal Employment Opportunity Commission, sexual harassment is also considered a form of discrimination, and must be prevented in a workplace environment. This is why a company must follow policies in implementing disciplinary actions regarding sexual harassment.
- A strong statement forbidding all forms of harassment. The company must prohibit all harassments based on race, gender, national origin, religion, disability, pregnancy, age, and military status. This policy must also include a definition of sexual harassment, such as the legal definition of Equal Employment Opportunity Commission’s definition of “quid pro quo” and “hostile environment” sexual harassment (“Making Your Harassment Policy Work”, 2006).
- An explanation of what conduct is prohibited. The policy should make clear that such conducts are prohibited, namely, offensive touching, verbal harassment, and offensive pictures and written materials (“Making Your Harassment Policy Work”, 2006).
- A sexual harassment policy. This step is making clear to the workforce of disseminating a formal, written sexual harassment policy, either in form of inclusion in their personnel policy manual, as postings on employee bulletin boards, or as a circular to be periodically included along with employee’s paychecks or other pertinent documents. This will vary based upon the particular industry, the general educational background of the employees, and firm or workplace culture. In essence, the policy should define unlawful sexual harassment and state that any employee conduct, which falls within that definition will not be tolerated (“Handling Sexual Harassment in the Workplace”, 2006).
- Third Party Intervention. Third party interveners can be sexual harassment advisers, human resources professionals or other employees. With this, the third party will meet privately with each of the persons involved, try to clarify their perceptions and attempt to develop a mutually acceptable understanding that can insure that the parties are comfortable with their future interactions (“Text or Draft Policy on Sexual Harassment”, 1995). This could also help to execute discipline to at least, in a way, remind the harasser of his or her unacceptable conduct.
- Formal Grievance and Disciplinary Processes. The applicable grievance process consists of the grievant submission of a written statement, an investigation by a company representative, followed by a decision, and in some cases, the possibility of one or more appeals (“Text or Draft Policy on Sexual Harassment”, 1995). The policy must provide a thorough investigation of the allegations within a specified time frame, and must make clear that resort to the procedure will not be ground for retaliation against a complaining employee (“Handling Sexual Harassment in the Workplace”, 2006).
- Remedial Action. If the investigation reveals merit in the complainant’s allegations, the company should acknowledge this fact and take appropriate corrective action. Corrective actions do not only include discipline of offenders, but should also encompass employer efforts to correct the hostile or offensive work environment. Corrective actions may take the form of a transfer, such as assigning the employee or supervisor to different duties or transferring the complainant to other or more comfortable duties; reprimanding the offender or advising him to seek professional medical help, or subjecting him or her under disciplinary trainings (“Handling Sexual Harassment in the Workplace”, 2006).
Conclusion
Sexual harassment in the workplace threatens an employee’s self-esteem and confidence and stops him or her from working effectively, undermines dignity, and affects the person’s health and happiness (“Sexual Harassment”, 2003). These reasons must clearly be given importance by the employers to foster a pleasant and healthy working environment for all the employees. The fact that it violates human rights and the freedom to live safely and unharmed, must trigger our desires to put an end to it. For this, disciplinary actions and procedures must be implemented in a company for the protection of the employees and the reinforcement of their human rights and dignity.
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