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Gender Discrimination Essay

Gender Discrimination Essay.

Gender Discrimination Essay

Gender Discrimination and Sexual Harassment Chart

HRM/546

Title VII Gender Discrimination in Employment Practices  This is a federal law that forbids any form of workplace discriminations and harassment. It covers state, local governments, private employers, and educational institutions.  The law deems the employer discriminative if he or she fails to hire a qualified applicant because of religion, race, and national of origin or color. The protection has been extended to include sexual harassment, gender stereotype and discrimination of the employees because of a pregnancy (Solotoff& Kramer, 1994). The law also forbids discriminatory pay. This involves paying less to a particular employee because of her or his gender. However, the law does not hold any employer guilty of workplace discrimination by sexual orientation.   
Sexual Harassment Based on Hostile Work Environment  It is deemed unlawful if the workplace environment is hostile, intimidating or offensive to a particular gender. It occurs when an employer subjects the employee to sexual innuendos, unwelcome sexual advances, offensive gender-related language that is deemed sufficiently harsh.  It also involves an employer or a person of a high rank demanding for sexual favors from an employee for the exchange of promotion or threatening for an adverse employment action. A single incident of hostile work environment regarding the sexual environment is not enough to form the basis for a lawsuit unless the event is very offensive. To launch a lawsuit for a hostile work environment, the victim must have enough evidence to prove that the harasser’s behavior was severe (Solotoff & Kramer, 1994). Favoritism does not lead to any form severe damage on the employee, but the law deems it as a kind of harassment if the employee proves to the courts that the sexual advances were meant to retain the job or get higher ranks in the workplace. The harassment must be gender-based, but this does not imply that the harasser has to belong to a different sex than the victim.
Quid-Pro-Quo Sexual Harassment  One occurrence of quid pro quo sexual harassment in the workplace is enough to file a lawsuit. The victim must produce a preponderance of the evidence that unwanted sexual advances were made even if the claimed incidences did not take place. The victim must prove that the harasser was either an agent or supervisor when the incident occurred (Raymond, 2003).  
A related case to illustrate such an incident where the court found the harasser guilty was between Fellows and Oksana.  When the two met for the first time, Fellows winked at Oksana and touched her body suggestively. Later Fellows entered Oksana’s office without a shirt and unzipped pants. She left the office immediately when Fellows pressed his body on her. In another occurrence, Fellows stroked Oksana’s leg with his foot. She kicked the foot away, but Fellows brushed his groin on her body. He later invited her for dinner, but during dinnertime, Fellows gave her flowers and asked her for sex. He promised her any job if she agreed to have sex with him. When Oksana declined Fellows’ sexual advances, she lost her job. She filed a lawsuit against Fellows and won.  
Requirements to Prove Under the Law  Employers are aware that, it is their responsibility to prevent any form of discrimination in the workplace. Under the law, the employers are required to prove the following.  Supervisors and agents must prove that they are capable of recognizing and understanding workplace situations that might lead to harassment or discrimination. They should ensure that the employees are conversant with the company’s policies. They should also teach the employees and encourage them to report harassment as soon as it takes place (Raymond, 2003). The employers should also promote a positive relationship between the employees and encourage open communication despite the employee’s rank. They should also respond to the employee’s complaint about harassment, discrimination, and retaliation on time. The law requires the employers to enact confidential and professional strategies to deal with the issue.  
Ways Employers can Minimize Liability  The employers can minimize liability by implementing comprehensive antidiscrimination policies. The laws allow the employers to educate their employees about the kinds of behaviors that will not be tolerated in the workplace. The policies should clearly define and indicate the types of discrimination and harassments. A proper reporting mechanism, which would ensure that the workers report all the issues to the right channel, would play a significant role in minimizing liability. They should also embrace an enhanced program to encourage the employees to report all the incidents. The workers should be aware that failing to report any incident would attract a disciplinary action (Raymond, 2003). The employers should conduct interviews to establish the credibility of any form of reported discrimination. During the reviews and the interview, it is important to encourage the employees, to be honest, to ensure that the appropriate decision is taken.  
Recent Case Example  An example is a case regarding Oncale v. Sundowner Offshore Services, Inc. Mr. Oncale launched a lawsuit against two supervisors and a co-worker for sexual harassment. He told the United States Supreme Court that the trio subjected him to sexual humiliation on several occasions. The two supervisors physically abused him while the co-worker threatened to rape him (Cohn, 2000). After reporting the matter to the employer, no action was taken to the trio. He later resigned because of fear of being raped. The three were found guilty of sexual discrimination and the appropriate legal action taken against them.  

References

Cohn, S. (2000). Race and gender discrimination at work. Boulder, Colo: Westview Press.

            New York, (345 Park Ave. South, New York 10010): Law Journal Seminars-Press, 1994.

Raymond, R. (2003). Women and workplace discrimination: overcoming barriers to gender         equality. New Brunswick, NJ Rutgers Univ. Press.

Solotoff, L. & Kramer, H. (1994). Sex discrimination and sexual harassment in the workplace.

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