Sexual Harassment

This article discusses how sexual harassment is a growing problem in today's workplace. In recent years, there has been an increase in complaints of sexual harassment in the workplace. This has become an issue of heated controversy. The Equal Employment Opportunity Commission (EEOC) was established in order to help create certain guidelines and to help define sexual harassment. Consequently the EEOC has separated sexual harassment into two categories: quid pro quo, and hostile work environment. The courts have expanded upon these guidelines molding them into specific regulations, and applying their definitions to the workplace.

Quid pro quo harassment is the hardest form of harassment to prevent. An example of this type of harassment is when an employee has to submit or be fired. This type of harassment only takes one incident for the company to be held liable. Hostile work environment is when someone shares sexual stories, photos or makes lewd remarks to another person, which is not requested or welcomed.

In 1964 Title VII of the Civil Rights Act was passed, prohibiting all forms of discrimination on the basis of race, color, religion, national origin, and sex. Title VII was initially directed at prohibiting discrimination on the basis of gender, and because of this it did not provide specific guidelines or a definition of sexual harassment. So later in 1964, Congress introduced the Equal Employment Opportunity Commission (EEOC) to set up those guidelines and define the boundaries of sexual harassment in the workplace. Then in 1972, Congress passed the Equal Employment Opportunity Act, giving the EEOC legal power to enforce Title VII.

When sexual harassment does occur in the workplace the offending employee, the employer, and even the company can be held responsible. Furthermore sexual harassment does not only affect the harassed, it is also, harmful to the overall morale of employees, a drain on company finances, and not conducive to a productive corporation. Sexual harassment in recent years has become a concern of everyone involved in any workplace. Being sued, arrested, offended, embarrassed, and ridiculed are just some of the fears that accompany harassment in the workplace. In the past 35 years the EEOC along with the court system have helped establish guidelines as to what does and does not constitute sexual harassment, and what should and should not be going on in the workplace.

When establishing a sexual harassment policy, in addition to managers and supervisors understanding what type of behavior constitutes sexual harassment, equally as important is for them to know how and in what manner to respond to a complaint of sexual harassment. An environment that encourages reporting of sexual harassment is perhaps more important than the anti-harassment policy language itself. The courts have recognized to a large extent that employers have no ability to control or dictate another human's behavior. Consequently, if employers take reasonable, precautionary steps against sexual harassment by establishing and distributing a sexual harassment policy, instituting an effective complaint procedure, educating employees on what is workplace sexual harassment, there will be no employer liability.

Sexual harassment is a serious offense and is not taken lightly at American Express. They are committed to providing