'Reverse Sexual Harassment\r'

'Reverse intimate Harass mentFebruary 28, 2012AbstractIn what is perceived to good-tempered be a virile-dominated society, genius of the close ambiguous topics to broach is that of contrary familiar badgering. Reverse internal agony refers to the intimate agony of a mannish by a fe young-begetting(prenominal). time it is not perceived as the norm, in that location be some(prenominal) instances of this occurring annually. It is generally supposed the actual calculate is greatly underreported due to the nature of the offence.\r\nBoth cozy and objurgate aside wake upual agony ar trends of contrast. These acts of inequality argon against federal and introduce law. An individual who is the cause of reverse turn onual worrying in the body of work shadow register a tutelage with the reach Employment Opportunity Commission (EEOC). They can shoot the complaint under the internal harassment instalment of the surname VII of the civilian Rights minute of 1964. In 2004, 15% of all familiar harassment charges trustworthy by the EEOC were filed by men (Anderson and Trimings 2006:2).\r\nThe rubric of reverse intimate harassment may be regarded as a facetious incident between a fe manful superior or fe manlike confrere against her young-begetting(prenominal) counter-part; however; this is still an act of disagreement which warrants coverage of this incident to direction. Before filing a complaint or contacting a lawyer, make veritable there is documented evidence compiled on the impertinent actions of the individual. In the event that the knowledgeable harassment complaint advances to the judicial process, this forget support the chances of prevailing in hook and with the EEOC.Introduction EmploymentLaw is the legal military strength that regulates the operation of the force market, in general, and the appointment human relationship between employers and employees in particular. Examples include the hiring process, suspe nsion from work, maternity rights, layoff, wages and extra time pay, defamation, breach of booking contract, requital, freedom of speech in the work state of affairs, military re-hires, un consumption compensation, and discrimination. Employment law is governed by legion(predicate) laws, regulations and codes at he Federal, State and sometimes, the local ordinance level. In a Nut Shell, there ar numerous Federal Laws which be generally bespoken to protect societal interests a good deal(prenominal) as the Anti-Discrimination purvey embodied in human activity VII. Generally speaking, Title VII protects employees from discrimination householdd on sex, gender, race, social background, religion and revenge. In the realm of Employment Law, informal discrimination is one of the most prevalent topics in today’s society.\r\nThere atomic number 18 unlike types of sexual discrimination. When the lay somebody is asked which type of sexual discrimination is documented th e most in the billet world, to coin a phrase from the game place Family Feud â€Å"Survey says…”, that discrimination towards women in disdain is the number one answer. To further divvy down to a specific discrimination, would be that of mannish-on-female sexual harassment in the oeuvre. This specific discrimination is one of the most wide known and reported slipperinesss in a place of credit line.\r\nAlbeit, this type of discrimination continues to be a concentrated shell to make within what m either would conduct still a male-dominated business world. However, this exposition of sex discrimination in the body of work will switch off that the most challenging discrimination outcome to prove is that of charwoman-on-male sexual harassment. Methodology A qualitative paygrade shall be utilized for this research paper supplement subjective methods such as actual case studies and divers(a) scholarly observations to collect substantive and relevant data.\r\n \r\nThe review consists of actual cases filed with the EEOC involving female-on-male sexual harassment cases and dual interpretations of male sexual harassment cases from legal professionals, business professionals, and academic scholars. Such a qualitative progression is valuable here due to the uncommonness of this type of sex discrimination within contemporary professional situations. Upon lay in the qualitative data derived from said case studies and various scholarly observations, careful analysis shall be make to prepare a valid insight into reverse sexual discrimination rulings and the reporting of these cases at the workplace.\r\n new-fangled research on current workplace pagan and the rise of women in hierarchy positions within companies has yielded rigor in the argument of female-on-male sexual harassment in the office. Yet, there are seldom, if any, cases reported to the EEOC by men for sexual harassment. The argument of a cultural base depicting the male role as th at of a dominant one; which, leads many to believe that any approach by a woman towards her male fellow worker or male subordinate, may be warranted by her male counter-part.\r\nConversely, the governing act of Title VII enforces the rights of men, the same as women, in reporting any wrong-doing within the office. The methodology of this paper will help to substantiate the legitimacy of male sexual harassment in the workplace by a female superior or female co-worker and how employers should implement preventive strategies to smirch adventures of sexual harassment in the workplace as well as avoiding costly and timely litigation. There are several different kinds of sexual harassment which will in like manner be conversed within this paper.\r\nThe methodology is derived from intellectual journals, hand excerpts, phrases, and on-line resources. Review of the Literature When an offer for employment is made by an employer to an employee, the law governing the relationship between an employee and an employer begins. In terms of employee complaints against former(a) employees and/or management, the employer should implement a form of risk management. This risk management process will adhere to rules and policies set in place by the employer to manage complaints such as sexual harassment.\r\nHowever, the honesty for most companies is how much respect is given to reports of woman-on-male sexual harassment by a co-worker or superior. Eve Tahmincioglu (2007) expresses the reality of how male sexual harassment in the workplace may be overlooked in the article, â€Å" mannish Sexual torment is not a joke. ” The write indicates, â€Å"But for quite a few men, sexual harassment is indeed becoming a skillful issue, and some men are deciding not to just brush aside the unwished advances from women. (2007). Tahmincioglu interviewed a human resources expert, Roberta Chinsky Matuson, who disclosed insight from the human resources’ perspective, â€Å" nu merous people mis eat upnly believe that harassment is trammel to females,” Roberta Chinsky Matuson added, â€Å"The truth is that this type of experience is just as damaging to men” (Tahmincioglu, 2007). David Grinberg, a spokesman for the EEOC, states â€Å"sexual harassment filings by men have consistently increased, doubling over 15 course of studys” (Tahmincioglu, 2007).\r\nThe vast volume of the EEOC’s sexual harassment suits are filed by women; however, male filings are becoming â€Å"a bigger piece of the pie, with nearly 2000 filing charges last year (2006),” as reported by Tahmincioglu (2007). Unfortunately, the cases which reach the EEOC do not represent the actual number of male sexual harassment filings which may go unreported due to fear of being â€Å"mocked” by coworkers (2007). In some cases, men working in a majority female office may be subject to unprovoked jokes pertaining to men or the male sexual anatomy around the break room, piddle cooler, or via forwarded emails.\r\nThis is considered male sexual harassment. Fear of retaliation and mocking may prompt men to not file a complaint. An argument of retaliation is discussed by Tahmincioglu (2007) as the first ever court case involving sexual harassment of a man in the workplace was in 1995. The EEOC sued Domino Pizza afterwards a female supervisor of a male store manager sexually harassed him and and so fired him. â€Å"She would caress his shoulders and neck, and pinched his buttocks,” the EEOC said in a direction.\r\nThe case went to trial in Tampa and the male manager was awarded $237,000 in damages (2007). In this innovational case, the male employee was retaliated against by his superior; however, he pursue his case and eventually won in the court ruling against Domino Pizza and the store manager. In comparison, the U. S. Equal Employment Opportunity Commission discloses culture ab surface a case where two male employees were subject to racial and sexual harassment by their female manager and one employee was fired out of retaliation.\r\nIn the EEOC lawsuit against capital of Texas Foam Plastics, the association was charged with violating Title VII of the Civil Rights Act of 1964 by subjecting two African-American male employees to a sexually and racially impertinent working milieu and for the firing of one employee as a issuance of opposing and reporting the incidents. The male employees were harassed vehemently by their female manager through antiblack intimidation, ridicule, insults, racially foul comments and jokes, cartoons and images which denigrated African-Americans.\r\nThe EEOC also charged that a female manager sexually harassed male employees by subjecting them to unwelcome sexual comments and unsolicited physiological contact of a sexual nature and that she well-read more favorable terms of employment on acquiescence to her sexual advances and overtures. The acts of sexual harassment , racial harassment, and retaliation all weaken Title VII of the Civil Rights Act of 1964. The lawsuit was settled in 2010 and Austin Foam Plastics pays out $600,000 in damages. The preceding case signifies the reason why employers should implement preventive strategies to minimize risks of costly litigation.\r\nIf the company adheres to stark policies regarding the development and auditing of its management team, some complaints may be avoided. In the article Sexual Harassment in the Workplace compose by Karina L. Schrengohst, Esq. , the compose indicates that the supervisor has a satisfying role in prevention. Schrengohst employs information from mommy state statutes regarding sexual harassment in the workplace: â€Å"Massachusetts law and federal law stamp out sexual harassment in the workplace.\r\nEmployers have an obligation to take reasonable steps to prevent sexual harassment before it arises and to create a harassment-free workplace. Toward this end, supervisors play an grave role in identifying, preventing, and reporting sexual harassment. And in Massachusetts, supervisors have even more incentive to be vigilant because they can be held individually nonimmune for inaction when they have knowledge of sexual harassment but fail to act” (2011).\r\nThere are two types of sexual harassment: (1) quid-pro-quo harassment, and (2) hostile-work-environment harassment which are detailed by Schrengohst: â€Å"Quid-pro-quo harassment occurs when an employee’s launching to or rejection of sexual advances, requests, or conduct impacts a condition of his or her employment such as receiving or being denied a raise, a promotional material or demotion, continued employment or termination, or a change of duties, hours, or compensation.\r\nHostile-work-environment harassment occurs when unwelcome sexual advances, requests, or conduct are severe and pervasive enough to alter an employee’s working conditions or to interfere with work perform ance” (2011). The author discusses the necessity of â€Å"preventative steps” in the workplace to avoid such sexual harassment cases.\r\nAlthough most employers have indite policies regarding sexual harassment in the workplace, enforcement and dissemination of these policies remains another area of discussion. Schrengohst also details the sexual harassment policies as listed by the Massachusetts Commission Against Discrimination: â€Å"A statement that sexual harassment in the workplace is flagitious;A definition and examples of sexual harassment; A reporting procedure, with several individuals identified as reliable to receive complaints;A statement of potential consequences for employees who are found to have committed sexual harassment;A statement that it is unlawful to retaliate against an employee who has complained nigh sexual harassment, filed a lawsuit, or participated in an investigation;Information slightly state and federal employment-discrimination enf orcement agencies.This indemnity should be presented to all new employees at the simoleons of employment and posted in the workplace. The policies for sexual harassment are clearly written; however, a strict policy of training employees and management on the rigors of sexual harassment in the workplace moldiness be employed. Discussion Employment law is a complex, ever-evolving specialty in the practice of law. Employees are well advise to anticipate competent professional legal advice when an employment law issue arises. Employment Law has many strict deadlines as it pertains to filing of claims, as such, it is overbearing for employees to assert their rights as soon as possible.\r\nOftentimes, it is best(predicate) to seek legal representation before the unfortunate employment action occurs, such as, while the employee is still employed with the employer. Discrimination is one of the most bragging(a) complaints handled by the EEOC. Each State, as a supreme entity, is enti tled to give additional protections for discrimination than those afforded by Federal Regulations. Sexual harassment is a form of sex discrimination, which includes unwelcome sexual advances, requests for sexual favors, and other communicatory or physical conduct of a sexual nature.\r\nThe federal and state level jurisdictions instituted anti-retaliation provisions which prevent an employer from retaliating against an employee for filing a sexual discrimination case. In quoting the definition of â€Å"Sexual Harassment” as listed on the EEOC website: â€Å"It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include â€Å"sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual ature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to ha rass a woman by making offensive comments about women in general. Both victim and the harrier can be either a woman or a man, and the victim and harrier can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).\r\nThe harasser can be the victims supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. ” Conclusion Because many unusual laws exist and there are many requirements exclusions, it is imperative that an employee who believes they have been wronged, or an employer seeking to comply with all employment laws, to seek the advice of competent counsel. In addition to the governmentally enacted laws, the e mployment relationship may be governed by written contracts (so long as the clauses do not violate inalienable rights).\r\nThe employer and employee both share rights when a sexual harassment case is filed. If well-documented and filed in a timely manner, each sexual harassment case must be taken seriously.References:BARRON, L. G. (2009). SEXUAL ORIENTATION traffic ANTI-DISCRIMINATION LEGISLATION AND HIRING DISCRIMINATION AND PREJUDICE. Academy Of Management yearbook Meeting Proceedings, 1-6. doi:10. 5465/AMBPP. 2009. 44243452 Leighton, P. , ; Wynn, M. (2011). Classifying Employment Relationshipsâ€More glide Doors or a Better Regulatory theoretical account?.\r\nIndustrial Law Journal, 40(1), 5-44. MSNBC. msn. com, by Eve Tahmincioglu, http://www. msnbc. msn. com/id/19536167/ns/business-careers/t/male-sexual-harassment-not-joke/#. T0z7OPWyFEM www. eeoc. gov, http://www. eeoc. gov/eeoc/newsroom/release/10-15-10a. cfm Posthuma, R. A. , Roehling, M. V. , ; Campion, M. A. (2011). Employment discrimination law exposures for supranational employers. International Journal Of Law ; Management, 53(4), 281-298. doi:10. 1108/17542431111147792\r\n'