The concept of "sexual harassment" is quite complex in legal and psychological terms. It can also be considered as somewhat ambiguous as can be interpreted differently. After all, a specific behavior for one can mean nothing, another understands as a grave insult or violence. It is believed that the greatest risk of suffering sexual harassment exists for women in predominantly male teams. But the reality today is such that often, and representatives of the "stronger" sex also become objects of sexual "harassment" by the employees. The definition of the sexual harassment has generally two main categories which are: Quid Pro Quo and Hostile Environment (Sexual Harassment Law, n.d.).
It is worth noting that exactly the second one is much more complex to prove and lots of discussions appear because of it. The second category can be considered as unwanted signs of attention rendered, molestation in the behavior of colleagues, the irrelevance of one’s attitude. It is also a lot more common type of harassment. Quid Pro Quo in its turn can be defined as a behavior when a person who occupies a higher position demands favors that have sexual character and in return promises positive outcome for the victim. In a case of rejection, vice versa, this person receives threads, for example, to be terminated from the current position (Sexual Harassment Law, n.d.).
In my opinion, the law that protects the rights of victims that were a subject of sexual harassment is extremely important. Such institution like The Equal Employment Opportunities Commission and also Fair Employment Practice (FEP) agencies are working with such cases (Sexual Harassment Law, n.d.). The procedure for raising this issue also remains very difficult because of the opportunity to resolve the matter within the company is given, and if the rights of the victims were not recovered, then these institutions enable partied with an alternative dispute resolution.
However, these institutions do not provide opportunities to fully restore the violated rights and it is recommended to apply to the court. I assume that procedures and laws are quite complex and require to be simplified and improved, but the laws and procedures to address these issues exist, and this gives many people an opportunity to fight for their rights and to restore justice (Sexual Harassment Law, n.d.).
Despite the importance and necessity of such laws still, as noted above, need a great improvement. Namely, the Hostile Environment is represented in too general way, which gives an opportunity for some people to subdue its value under their needs. Accordingly, this attitude manifests itself in reducing the importance of the law and, therefore, is not talking about the protection of rights (Zalesne, 2006). Thus, a topic on false accusations of sexual harassment becomes a relevant topic and that automatically makes an opposite side a victim. In addition, because of the general interpretation of this part, it allows one to substitute responsibility in cases which are minor and may just fall under the offense, but not a matter of discrimination or harassment in seriousness (Zalesne, 2006).
For example, a situation in a personal experience of Alan M. Dershowitz a Professor of Law at Harvard University occurred (Dershowitz, n.d.). He stated that during the lecture on the false rape reports, some group of feminists accused him of encouraging and teaching in a hostile environment, including his way of teaching, information representation, an unpleasant atmosphere in the classroom and the fact he expressed his personal views on the subject (Dershowitz, n.d.). Therefore, such expression of the group of students indicates that the wording of this law suppresses the right of the professor to freedom of speech. Also in his favor was the attitude of other students, and their number was much greater that the group of “assaulted” students (Dershowitz, n.d.). Respectively, we can conclude that due to excessive emotional or subjective interpretation of the situation, the universality of the representation of law is rather dangerous than beneficial, and, therefore, requires more precise formulation and correction, i.e. enhancements, and, thus, should cover the whole range of diversity of manifestations of the problem.
Because of the inaccuracy of the formulation, it is sometimes very difficult to distinguish between innocent flirting from sexual harassment. These cases include hints, teasing, jokes, certain gestures, drawings or pictures with sexual content. Even the women admit that it is difficult to distinguish which actions are moral damage and which are not. Speaking about the situation, which is similar to sexual harassment, we should take into account the fact that men may consider their actions to be absolutely normal (What’s the difference between flirting and harassment?, 2014). After all, many of them feel flattered when they receive sexual advances, and as we known it is easier to judge from one’s own perspective. Therefore, many men think that women respond to slight, in their opinion, flirting in a similar manner. In fact, your colleague had absolutely nothing wrong on his mind. And many members of the stronger sex in this way (as they just do not know the other) show attention and express their feelings. And a man can have in relation to the woman the most serious intentions. In such way, he just simply offers her possibility to build relations (What’s the difference between flirting and harassment?, 2014). By the way, according to psychologists in such cases, a sharp rejection will be very painful for the rejected. Many men even appeal for psychological help. After all, they are not all evil maniacs, just seek for attention. To illustrate the difference in flirt and harassment I would like to describe to examples. When we speak of the innocent and sensual relation of one person to another when a quick touch of the hand, long look, or smile, which by themselves do not mean anything bad but is the expression of interest, attention or just courtesy, it is what we call flirtation. There is nothing wrong with it and vice versa can maintain a healthy and friendly atmosphere in the working place, for example. On the other hand, harassment is a completely different behavior. The most important for a harasser is not feelings of another person, but his goal that is harassment and receiving of sexual advances and it will try to achieve it despite the will of the victim (What’s the difference between flirting and harassment?, 2014).
It can be concluded that legislation in this area is highly necessary and important. Unfortunately, it is not perfect and needs clarifications, improvements, and corrections. However, despite all the difficulties it allows the victims of such act to restore their rights and justice. Also, it is worth to remember the difference between flirting and harassment, as often this limit can be overlapped and therefore the consequences are not positive.
References
Sexual Harassment Law. (n.d.). Retrieved from https://www.hg.org/sexual-harassment-law.html
Dershowitz M.A. (n.d.). An Alarming National Trend: The Seriousness of a Sexual Harassment Charge. Retrieved from http://anandaanswers.com/ananda-answers-an-alarming-national-trend-the-seriousness-of-a-sexual-harassment-charge-3/
Zalesne D. (2006). Sexual Harassment Law: Has it Gone Too Far, or Has the Media? Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=918057
What’s the difference between flirting and harassment? (2014). Retrieved from https://rebeccarc.com/2014/04/10/whats-the-difference-between-flirting-and-harassment/
