Following the guidelines of the course ID guidelinesStudent’s NameUniversity
Question 1
The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as an activity that is performed by an individual to harass another person because of the victim’s sex. Harassment mainly includes unwelcome sexual advances or sexual harassment, physical or verbal harassment related to sex and request for sexual favors. According to the EEOC, workplace harassment is conduct that includes physical, verbal or visual harassment related to a person’s sex ("Sexual Harassment", 2016). Workplace harassment may also be related to the religion, creed, national origin, marital status, color or age of the victim. Workplace harassment includes without any limitation, sexual, racial or ethnic slurs that influence the performance of an individual in the organization and creates a hostile working environment for the victim. The major incidents that come under the category of workplace harassment according to the law are discussed in the points given below:
Physical Harassment: Physical harassment includes the activities presented herein below.
Unwanted touching of an individual’s clothes, hair or body.
Rubbing or brushing up against another individual.
Standing close to another individual that is not liked by the person.
Rubbing or touching oneself around another individual in a sexual manner.
Verbal Harassment: Verbal harassment includes the activities presented herein below.
Unwanted sexual innuendoes, suggestions or compliments.
Speculation or comments about an individual’s sex life.
Sexual stories and jokes.
Comments about an individual’s anatomy, clothing, and physical appearance.
Non-verbal Harassment: Non-verbal harassment includes the activities presented herein below:
Graffiti and notes related to sexual activities
Circulating or displaying visual materials that contain sexual contents like photos, posters, calendars, poems, pinups and cartoons.
Facial expressions like licking lips, throwing a kiss, sucking, winking and panting.
Gestures through hands and body movements that reveal sexual signs and symbols.
Hence, it can be seen that after a sexual harassment complaint is made, it is important to conduct an investigation by a supervisor or manager who is not involved in the incident. The person must have an experience in this field. The necessary steps must be taken against the person found guilty if the complaint is found unfounded and malicious (Rocha, 2015). The report of the harassment helps the employers to take disciplinary actions and prevent other employees from committing such nuisance. Hence, it can be concluded that when a person feel sexual harassed by the activities of another employee in the organization, they must complain to the management or take legal steps against the person to stop such things. In the given case, it can be seen that Mrs. Gilbury has been harassed by Mr. Lewiston although they were just friends. Mrs. Gilbury states that she was a happily married and this would have been enough for Mr. Lewiston to stop his behavior. Irrespective of Gilbury’s resistance against Lewiston’s behavior, he kept on continuing his activities that shows that Mr. Lewiston is found to be guilty of his deeds. The activities of Mr. Lewiston come under the conduct of sexual harassment by the EEOC. Hence, it can be said that the offenses of Mr. Lewiston is punishable under the law of EEOC ("Sexual Harassment", 2016).
Question 2
As sexual harassment can be considered as some of the unwelcome conduct regarding sexual nature or undesirable sexual advance or request for sexual act, this particular case can be considered as sexual harassment attempt to the plaintiff. As sexual harassment is any kind of humiliation action regarding to any offensive feeling or intimidation behavior, it would be seen that the motive or intent of Lewiston can be considered as sexual harassment. In case of activities related to sexual harassment, any kind of unwanted touching, leering attitude or behavior can be taken into serious consideration for accusing a person. On the other hand, the case study has clearly shown that Beverly Gilbury has not delivered any comments and approach that can lead to such close interactive situation for Lewiston. Understanding the moves of Lewiston, Gillbury has clearly indicated that they have only friendly relationship and not more than anything else.
After such clear declaration of Gilbury, Lewiston has developed comments and affections that can feel a bit awkward (Tseng & Kang, 2015). Eventually, the act of Lewiston to touch Gilbury’s head instead of her shoulder has made her uncomfortable. Realizing the critical aspects of the existing situation, Gilbury has decided to move to the justice court. Herein, the actions of unwanted touch and continuous comments of Lewiston towards Gilbury can be considered as supportive elements for sexual harassment. Meanwhile, it can be determined, Lewiston has misread the kindness of Gilbury and the same has led developing complicated issues. Considerably, out of his feeling to Gilbury, he has done something that can be considered as serious issues related to sexual harassment (McDonald, 2011). The suggestive comments and gestures towards Gilbury can go against Lewiston as Gilbury has informed about the incidents to her other colleagues. Hence, the intent or motive behind Lewiston’s conduct can be seriously considered deciding sexual harassment activity towards Gilbury.
Question 3
Considering the sexual harassment case, first of all it would be interesting to show the two types of sexual harassment such as quid pro quo and hostile environment. Determining the seriousness of the event, quid pro quo is a form of sexual harassment that can be done on basis of sexual favors in exchange for promotion, payment increment and other treatment. On the other hand, hostile environments are some negative workplace environment that leads to negative performance of an employee being subjected to sexual solicitation, filthy comments and unwanted sharing of photographs. In the position of EEOC official, I would investigate the significant evidence produced by the plaintiff such as letters, legal injunction and reports attached to the case. After assessing the reports and other evidence, it would be recommended to accuse Mr. Lewiston for developing hostile work atmosphere for Gilbury.
Considering the seriousness of the offence, the administration must terminate the services of Lewiston. (Tinkler, 2011) Apart from that, it is important to make significant note of the receipt complaint of Gilbury. Hiring two complaints in charge, it would be essential to investigate the overall position of Lewiston regarding the case and according to the findings significant actions must be taken on Lewiston. On the other flip, it would be recommended for Gilbury to inform the senior management officer about the sexual harassment conduct. Besides, a police complaint must be reported against the harasser in the case. Realizing the offensive conduct of Lewiston, Gilbury must make a note of the offending behaviors and other documents that can prove the guilt of the harasser. Therefore, as an EEOC officer, I would be my duty to give justice and proper compensation to the plaintiff considering every aspect attached to the case. Eventually, it would be essential to punish the offered following the law and EEOC’s code of conduct.
References
McDonald, P. (2011). Workplace Sexual Harassment 30 Years on: A Review of the Literature.International Journal Of Management Reviews, 14(1), 1-17. http://dx.doi.org/10.1111/j.1468-2370.2011.00300.x
Rocha, J. (2015). The Homophobic Sexual Harassment Claim and Sexuality Discrimination. Ratio Juris, 28(2), 204-215. http://dx.doi.org/10.1111/raju.12076
Sexual Harassment. (2016). Eeoc.gov. Retrieved April 2016, from http://www.eeoc.gov/laws/types/sexual_harassment.cfm
Tinkler, J. (2011). Resisting the Enforcement of Sexual Harassment Law. Law & Social Inquiry, 37(1), 1-24. http://dx.doi.org/10.1111/j.1747-4469.2011.01279.x
Tseng, L., & Kang, Y. (2015). Anti-harassment policy, manager integrity and intention to report customer sexual harassment. Leadership & Organization Development Journal, 36(5), 570-591. http://dx.doi.org/10.1108/lodj-12-2013-0157
