Sexual Harassment Law

Effective enforcement

Now-a-days sexual harassment has become one of the main concerns of many organizations, employers, schools, universities and other places and is described as unlawful in legal context. Even though there are many controversies in its definition and interpretation, generally sexual harassment is depicted as the unwanted and unsolicited physical advances and conduct of a sexual nature or inappropriate promise of rewards in exchange for sexual favors. Sexual harassment law is one of the most legitimate areas of employment discrimination law and civil rights law and sometimes it may also result in serious proceedings. Sexual harassment involves a broad range of behavior but in common it is mainly divided into two main categories Quid Pro Quo and Hostile Environment. Although the sexual harassment law doesn’t forbid simple teasing or casual comments that are not very serious, the harassment is illegitimate when it involves offensive comments or actions resulting in physical, emotional or mental stress or damage.

Sexual Harassment dispute resolution:

  • Even though the sexual harassment was first banned in employment in the Title VII of 1964 Civil Rights Act, it came into effect with broad interpretations only in 1970.After many years of great effort at federal level the sexual harassment law was accepted as a form of gender discrimination under Title VII of the civil rights law. Based on this discrimination concept the law mainly focuses on the protection of vulnerable group and prevents the inappropriate sexual behavior at the work place.
  • The Equal Employment Opportunities Commission (EEOC) is a federal agency which is responsible for establishing and administering guidelines and regulations of sexual harassment law as per the legal standards. In addition to that, many states have enacted Fair Employment Practice (FEP) laws to regulate and legalize statutes of sexual harassment at the state level. These two agencies generally provide alternate dispute resolution services and try to resolve the harassment disputes before going on to formal legal proceedings.

 Implementation of sexual harassment law:

  • Most of the companies, government organizations, colleges and universities and even the armed forces in US have policies against sexual harassment and make an effort to enforce these laws effectively. In order to protect the rights of the individual, the sexual harassment law tries to incorporate the three dominant concepts such as anti-discrimination, offense against dignity & safety and health violations.
  • The burden of preventing sexual harassment at the work place and bring awareness among the public is considered as employer’s liability. It is the responsibility of the employer to adopt and take affirmative steps towards implementing the clear policies and procedures of sexual harassment law and provide the work environment that is free from discrimination and harassment.

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