Sexual Harrasment

Sexual Harassment
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Abstract
This research paper focuses on women as a marginalized group in the society. It examines sexual harassment as a major problem facing women and aims at clearly indicating what sexual harassment entails. To achieve this, three definitions from different sources are highlighted. The research further gives examples of some of the activities that can be termed as sexual harassment in the workplace. Then a discussion on how the concept developed follows with a focus on the early years. The research advances with an examination on how the society has historically responded to this issue. The Focus here is on the Anti-Rape Movement of the 1960s/70, Dr. Hill testimony against Clarence Thomas in 1991 and the #Me-too social media campaign in 2017. The effects of each of these responses have also been highlighted. Additionally, the research also examines some of the major milestones and policies that have been implemented to combat sexual harassment, e.g., the Civil Rights Act and the Equal Employment Opportunity Commission (EEOC). The paper concludes with a personal opinion as per the current trending debates on the issue.
Definition
The term was used by Dr. Mary Rowe in 1973 in a report entailing the forms of gender-related issues (Sexual Harassment Training Workshops). There were no proper channels of reporting or supporting women who faced sexual harassment in the early history. Additionally, few women back then could tell what sexual harassment was.

As Sheila Nervin states, “being touched by a man inappropriately was part of the rules of the game…I had no way of knowing… I had no one to go to, and I did not suffer. I just allowed it…” (Dowd, 2018). This clearly shows that there was less awareness on the issue in the 1970s. Therefore, defining the term is crucial in understanding its forms and what it incorporates. Various authors have defined the term differently, and regardless of this differences in their definitions, it is evident that the major concern underlying this issue is discrimination. In her book against our Will: Men, Women, and Rape, Susan Brownmiller defines rape as a political problem instead of a crime of passion committed by an individual (Sascha, 2015).
According to Zarah (2018), the United Nations in Recommendation 19 of the CEDAW (Convention Elimination of all Forms of Discrimination Against Women) defines sexual harassment as sexually determined conduct that is uninvited and can be in form of advances and physical contact, sexual remarks, and sexual demands in form of action or words. This behavior can result in safety and health problems as well as the creation of a working environment that is not conducive. Equal Employment Opportunity Commission (EEOC) also defines sexual harassment as the “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission to rejection of this conduct explicitly or implicitly affects an individual’s employment and unreasonably interferes with an individual’s work” (Paisley, 2018).
Sexual harassment occurs in different areas which have varied from homes to corporate workplaces and public places with women as the major victims. The workplace has been the most affected area with rampant incidences of sexual harassment. This form of harassment takes many forms, e.g., kissing, caressing or fondling an individual against their will, flirting, touching or pinching, insistently requesting someone out in spite of them turning down the request, etc. (Singla & Kumar, 2014). The Supreme Court, however, categorizes them into two, i.e., ‘Quid pro quo’ and ‘hostile work environment’ (Paisley, 2018). ‘Quid pro quo’ refers to the scenario where a superior offers benefits of the job in exchange of ‘sexual favors’ and failure to give these ‘sexual favors’ to the supervisor leads to loss of benefits, promotion or job opportunity (Paisley, 2018). On the other hand, unfriendly working environment necessitates various elements like an employee being subjected to uninvited sexual harassment, sex is the basis for the harassment, etc.
Concept Development
Sexual harassment was not an issue of concern in early history. In fact, use of force and rape was acceptable as approaches of claiming a wife (Poskin, 2006). This is because women were viewed as property in the society and they, therefore, did not possess any rights. There is research indicating that crimes like rape were only punishable on the basis of property violation, i.e., a man was punished through death or castration for raping another man’s wife which was considered as a violation of another man’s property (Poskin, 2006). Additionally, in most of the cases, women ended up being punished as adulterers by being stoned to death even if they were complicit in the assault. The few women who got legal justice over such men were only those from rich and privileged homes.
In the late 13th century a law that made rape a punishable crime was enforced in the English laws where a man who raped a married or unmarried woman was to face a death penalty. This was a good step, but the law was hardly implemented. The issue of sexual harassment was rarely discussed since it was not much of a concern in a male-dominated society where women were ‘voiceless.’ The beliefs and attitudes the society held about women, laid a foundation for women to be subjected to different forms of discrimination and abuse. In the 19th century the role of women in the society was being redefined, and in 1920, women in the US gained the right to vote under the 19th Amendment (Poskin, 2006). New rights led to women joining workforce away from home, and some even joined the military during the Second World War.
As the roles of women were being re-defined in the society, a majority of them joined the workforce and entering male-dominated areas. According to Paisley (2018), this progress was noticeable, and the male responded as they tried to uphold their apparent authority and power. This resulted in sexual harassment as form responses from men. This issue did not get the social attention as a major problem that required redress. However, this started changing during the 1950s when the ‘second wave of women activism’ formed the Civil Right Movement as well as the Student Free Speech Movement.
History
The Anti-Rape Movement of the 1960s/70s aimed to put an end to women rape and openly spoke out about these unjustified crimes. The movement sponsored various activities, e.g., hosted forums, speak out, distributed facts sheets and literature with the aim of rectifying the myths about rape and shifting the blame to the rapists instead of the women, who at that time were being blamed (Poskin, 2006). During these forums and speak outs, the movement listened to the rape victims as they openly shared their experiences including how they got blamed by the society, i.e., they were blamed by law enforcement officers, the prosecutors, friends, and family, new reporters, etc.
The movement saw the need of coming up with ways to help victims and potential victims. As a result, 24hr crisis lines were established, prevention training and education programs were established, self-defense classes were offered and quality time was spent in aiding the rape survivors heal from the traumatic experiences (Poskin, 2006). The movement also continued to champion for privacy in hospital emergency rooms for the rape victims, change in the prosecution negotiation procedures of the pleas, reforms in the legislative and increase in a number of arrests by the police. All these efforts led to positive change in hospitals, police departments and courts in regards to the way they treated rape victims
1991 there was a response to sexual harassment at a household and national level when Dr. Anita Hill testified in the case filed against Clarence Thomas hearings. In this case, Anita Hill accused Thomas Clarence of sexual conduct towards her that was uninvited and due to the authority of his position in the company, she felt powerless (Paisley, 2018). These allegations by Anita Hill were all over the mass media which made this case very popular. Consequently, this hearing forced a spotlight in a very wide spectrum on the issue of sexual harassment nationwide. This case also gave a platform for responses and stirred up debates among people hence raising its awareness.
Sexual harassment is still a huge problem in the current generation and time. With the technological advancement and use of powerful tools like the social media, ending sexual harassment against women is still being widely advocated for. The recent campaign is the hashtag me too (#metoo) which is a social media campaign endorsed by actress Alysa Milano in October last year. The aim of the campaign by Ms. Milano was to give victims of sexual abuse a voice after the renowned Hollywood producer Harvey Weinstein was accused of sexual assault and harassment (Garcia, 2018).
However, this movement began in 2007 created by Tarana Burke under her non-profit organization Just Be Inc. (Garcia, 2018). This organization by Ms. Burke helps sexual harassment and assault victims and, lack of resources is a limitation that hindered the movement’s popularity before Ms. Milano endorsed it. This campaign has already received worldwide attention and recognized on major platforms, e.g., the 2018 Golden Globe Awards (Evra, 2018). This movement “aims to protect anyone who feels marginalized in the workplace and society” and has enabled women to speak up on the power disparity in the society (Evra, 2018).
Policy Implementation
Various laws and projects have been implemented to address sexual harassment over time both by the government, organized groups and the society at large. The most notable policies implemented to fight against sexual harassment include the Civil Rights Acts and EEOC. Sexual harassment became an illegal conduct in 1964 under the Civil Rights Act. During this year, the Civil Rights Act was passed, and in it, employment discrimination on the basis of sex, race, religion, color, or national origin is prohibited in Title VII (Employment Law Firms). This part, Title VII, covers the rights of both men and women in employment. The original intention was to protect women in the workplace and is emphasized up to date. This was a major stepping stone in reducing the discrimination of women. In 1972, Education Amendments in Title IX proscribed sex discrimination in schools that get federal funding (Employment Law Firms).
In 1980, EEOC indicated sexual harassment as a type of sex discrimination which was prohibited in Title VII of the Civil Rights Act (Employment Law Firms). Consequently, the Supreme Court for the first time acknowledged sexual harassment as an abuse of Title VII in 1986. According to Employment Law Firms, even though sexual harassment was illegal from 1964. The first sexual harassment case that was filed was in 1974 Barnes v Train, but the term was not considered by the Supreme Court until 1986s (Sexual Harassment Training Workshops). The supreme court made it clear that speech could create a hostile working environment during the ruling of Meritor Savings Bank v Vinson case in 1986 (Employment Law Firms).
Another milestone in curbing sexual harassment and discrimination in the workplace was in 1991 when Title VII of the Civil Right Acts was modified to supplement protection against discrimination in the workplace (Employment Law Firms). E.g., Civil Rights Act of 1991 allows the plaintiff of discrimination and harassment right to a ‘jury trial in a federal court.’ The government accountability act passed in 1995 by Congress also made it possible for the members of Congress to be accountable to the same laws as the other citizens (Poskin, 2006).
Personal Opinion
Sexually harassment is a social issue that has been in existence for so long. Different generations have handled the issue in different ways and have contributed to the current situation of sexual harassment. The current debate especially on social media regarding sexual harassment has played a huge role in creating awareness and providing a platform for sexual harassment and abuse survivors. However, the debate single-handedly is not enough to battle this social issue. Since many have described their experiences, the society needs to respond by working together to fight sexual harassment. A concrete footing is needed since the social media campaign after a while might die down, i.e., having support centers for this campaign should be established to assist the affected people.
References
Dowd, M. (2018, January 10). The Grande Dame of Documentary Is Leaving Her Home at HBO. Retrieved February 04, 2018, from https://mobile.nytimes.com/2017/12/16/style/sheila-nevins-leaving-hbo-documentary-films.html?referer=
Employment Law Firms. (n.d.). The History of Sexual Harassment Law. Retrieved February 04, 2018, from https://www.employmentlawfirms.com/resources/employment/workplace-safety-and-health/sexual-harassment-law.htmlEvra, J. V. (2018, January 08). #MeToo movement sweeps the Golden Globe Awards. Retrieved February 04, 2018, from http://www.cbc.ca/radio/q/blog/metoo-movement-sweeps-the-golden-globe-awards-1.4477079
Garcia, S. E. (2018, January 20). The Woman Who Created #MeToo Long Before Hashtags. Retrieved February 04, 2018, from https://mobile.nytimes.com/2017/10/20/us/me-too-movement-tarana-burke.html
Paisley, L. (n.d.). Sexual Harassment Training. Retrieved February 04, 2018, from www.sexualharassmenttraining.biz/sexual_harassment_training_The-History-of-Sexual-Harassment.
Poskin, P. (2006, October). A Brief History of the Anti-Rape Movement. Retrieved February 5, 2018, from http://www.resourcesharingproject.org/brief-history-anti-rape-movement
Sascha, C. (2015). The Book That Changed the Way We Talk About Rape. Retrieved February 04, 2018, from http://time.com/4062637/against-our-will-40/
Sexual Harassment Training Workshops. (n.d.). Retrieved February 04, 2018, from http://www.sexualharassmenttraining.biz/sexual_harassment_training_Sexual-Harassment-Workshop-History-of-Sexual-Harassment-Law.html
Singla, N., & Kumar, M. (2014). The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 in India: An Analysis.
Zarah, L. (n.d.). Sexual Harassment in the Workplace: History and Definition. Retrieved February 4, 2018, from http://www.bing.com/cr?IG=4E185A9C467A4D0096D4D277B1FBFF4A&CID=37908215C01764C6117B8999C1B8657E&rd=1&h=xXeAJ6BjtN79gOfJ3st-gGWh0fWhnYb0Pla0Kjwj8yg&v=1&r=http%3a%2f%2fresearchedworks.com%2fhistory-definition-sexual-harassment-workplace.php&p=DevEx,5068.1