Question

Create 4-page (not including the cover or reference page) paper on a hot topic in Human Resource Management.

Paper Topics:

1. Remote Work/Telecommuting Increasing in Popularity
2. Health Care Reform and its Impact on Businesses
3. Trends in Minimum Wage and the Impact on Businesses
4. Employee/Workforce Literacy: Issues and Solutions
5. Background Checks and Neglect Hiring
6. The Impact of Baby Boomers on the Workforce
7. Is the Interview a Valid Predictor of Employee Success?  How to Improve the Interview Process.  
8. The Importance of Work-Life Balance:  Benefits to the Employee and Company.
9. The Use of Social Media in the Hiring Process
10. The Benefits of Teamwork in Business.  How to Develop and Manage High-Performance Work Teams.
11. Employees Use of Social Media at Work: Pros and Cons
12. Sexual Harassment Issues in Corporate America
13. How HRM deals with absenteeism of the employees in a specific sector?

Content: paper should consist of information that cannot be found in your text.  

Answer 1

( COVER PAGE)

Topic : Sexual Harassment Issues in Corporate America

INTRODUCTION

More than four in 10 women and one in five men working in US media have been sexually harassed by a colleague, according to a study, a higher proportion than in white-collar workplaces overall. The study by the New York-based Center for Talent Innovation found that across all occupations 34 per cent of women and 13 per cent of men had been harassed at work. Almost three-quarters of women and 59 per cent of men were harassed by someone more senior. The survey of white-collar workers suggests corporate America is struggling to assess and react to sexual harassment and assault at work, decades after the first US court cases ruled that harassment breached discrimination legislation. The #MeToo movement unleashed by the sexual abuse allegations against film producer Harvey Weinstein in 2017 has triggered a wave of historic harassment allegations at companies. But Ripa Rashid, co-president of CTI, said executives “don’t even know how to deal with the present, let alone the past”. The CTI report suggests it is no longer sufficient to provide sexual harassment training and respond to individual incidents through established channels such as human resources or legal departments. The research group calls for “nuanced, systemic interventions that are preventative, broad, and repeated”. It highlights initiatives such as disclosing office romances, deterring “toxic masculinity”, or setting up “information escrows”, which allow victims to log reports of harassment that can be released only if someone else complains about the perpetrator. Workplace sexual harassment prevention has been a top priority for companies going into 2020 and will remain that way long after the high-profile scandals of the last year have faded.

CONCEPTS AND LAW OF SEXUAL HARASSMENT IN THE WORK PLACE

Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s.There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and behavior that creates a hostile work environment (persistent sexual behavior that unreasonably interferes with an employee's ability to work). It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.

History

The term sexual harassment was popularized following a consciousness-raising session led by Lin Farley as part of a Cornell University program on women in the workplace, and the term entered popular use in 1975.A number of the original sexual harassment cases were pursued on behalf of black women and girls.

United States law recognizes two forms of sexual harassment:

• Quid pro quo sexual harassment: an employee is required to tolerate sexual harassment in exchange for employment, a raise or job benefit, or promotion.
• Hostile work environment: sexual harassment in the workplace results in an offensive work environment or unreasonably interferes an employee's work performance.
• Civil Rights Act of 1964

In the United States, the Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, color, national origin or religion. Initially only intended to combat sexual harassment of women, (42 U.S.C. § 2000e-2) the prohibition of sex discrimination covers both females and males. This discrimination occurs when the sex of the worker is made as a condition of employment (i.e. all female waitpersons or male carpenters) or where this is a job requirement that does not mention sex but ends up preventing many more persons of one sex than the other from the job (such as height and weight limits). This act only applies to employers with 15 or more employees.

• Equal Employment Opportunity Commission regulations (1980)

In 1980, the Equal Employment Opportunity Commission (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act of 1964.

• Civil Rights Act of 1991

The Civil Rights Act of 1991 added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment.

Case Law

• Barnes v Train (1974)

Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used. Paulette Barnes, an African American woman, was a payroll clerk who worked for the Environmental Protection Agency. She brought the case after losing her job for refusing the advances of a male supervisor.The case was dismissed, but was appealed in Barnes v Costle (1977).

• Williams v. Saxbe (1976)

In 1976, Williams v. Saxbe was the first case in a U.S. District Court to establish that quid pro quo sexual harassment constitutes sex discrimination under the Civil Rights Act of 1964. A male supervisor was found to have retaliated against Diane R. Williams by firing her after she refused to have sex with him. The court found that it was a form of sex discrimination when a condition of employment is to submit to the sexual advances of a superior. Additionally, there was evidence that other female employees had been subjected to similar conditions. It was ruled that William B. Saxbe had only required women to submit to his advances, which created an artificial barrier to employment for one gender but not the other. Williams v Saxbe established a clear-cut type of sexual harassment, quid pro quo, and was the first to establish it in a U.S. District Court. In response to the findings of this case, several earlier decisions against sex discrimination in lower courts were reversed on appeal, including Barnes v Train.

• Reeves v. C.H. Robinson Worldwide, Inc. (2010)

The 2010 case, Reeves v. C.H. Robinson Worldwide, Inc. ruled that a hostile work environment can be created in a workplace where sexually explicit language and pornography are present.A hostile workplace may exist based upon the treatment of employees as a group, even if it is not targeted at any particular employee.

SEXUAL HARASSMENT REMAIN A PROBLEM FOR CORPORATE AMERICA

Based on Andrew Hill ( JULY 12 2018) research paper " Corporate America struggles to deal with sexual harassment"

percentage of survey respondent who have been sexualy harassed by a colleague

  

The incidence of harassment in media which includes art and design, public relations and advertising, broadcasting, entertainment and publishing is much higher than in the US finance and legal sectors. In finance and insurance, 26 per cent of women and 7 per cent of men reported having been harassed, and in legal services 22 per cent of women and 11 per cent of men. One possible explanation for the difference is that Wall Street responded to high-profile cases of harassment and lawsuits in the 1990s, imposing stricter norms than in other sectors. The second and third-highest incidence of harassment against women were reported by workers in technology which has experienced its own series of harassment scandals, including at Uber and in consulting and management.

Workplace Sexual Harassment Statistics

• 8 in 10 Americans think that sexual harassment happens in most workplaces. But only then 1 in 10 believe it’s happening in their own office.
• Approximately 90% of harassment victims do not file a claim.
• More than half of women have experienced sexual advances. Of those, 1 in 3 said it involved a man from work; 1 in 4 said it involved a superior.
• More than 80% of companies have made no effort to discuss appropriate conduct, hold training or change policy in the wake of #MeToo and #TimesUp. ( Katie Yahnke, 2019).

Where the problem is most severe

What’s the worst occupation or sector, if you’re looking for an environment free of harassment and assault? The answer is media (with technology coming in second). In the media industry a full 41% of women and 22% of men report harassment.

  

Source : "The Shocking Data Behind Sexual Assault and Harassment in the Workplace".Who experiences sexual misconduct? In which industries? How often is it reported? A new survey has answers. By - Sylvia Ann Hewlet, 2020).

Workplace Sexual Harassment Prevention

• Clarify workplace and conduct expectations with a clear and thorough anti-harassment policy.
• The tone from the top significantly influences employee behavior – make sure senior leaders are setting a good example.
• Reduce risk by taking precautions. Go ahead – draw up that consensual relationship agreement and limit alcohol at office parties. If the risk is too high, reduce the risk.
• Educate and implement training. Educate your staff to be more aware of inappropriate behavior, and better equipped to detect and prevent incidents. Try to avoid emphasizing liability during annual sexual harassment seminars. The legal burden is not the point.
• Discourage bad behavior. A policy only goes so far if you’re not enforcing it. No more overlooking bad behavior and no more “letting it slide”.
• Monitor the workplace and be involved. Know the warning signs of bad behavior and don’t be afraid to ask if things are ok.
• Offer an internal complaint system (preferably with the option to remain anonymous). Then, teach people how to use it.
• Support victims. Forbid retaliation and do what you can to provide safety and support for victims.
• Resolve incidents. Acknowledge complaints, respond carefully, investigate quickly and discipline accordingly. ( Katie Yahnke, Marketing Writer, Katie is a former marketing writer at i-Sight. She writes on topics that range from fraud, corporate security and workplace investigations to corporate culture, ethics and compliance - january 2019) .

IMPACT OF # ME TOO

In this article "Is Time Really Up for Sexual Harassment in the Workplace? Companies and Law Firms Respond".  Hannah Hayes ,(2019) discuss :

On November 1, 2018, a little more than a year after the hashtag #MeToo ushered in a loud and public conversation about sexual harassment in the workplace, 20,000 Google employees walked out of offices worldwide to protest the company’s handling of sexual misconduct allegations. The protest was spurred by a New York Times article, which revealed that in 2014 Google quietly discharged a top executive accused of sexual harassment and gave him a $90 million golden parachute. The article reported that Google also paid millions in exit packages to other male executives accused of sexual misconduct while keeping silent about their transgressions.

Up until that moment, Google held a reputation for being an employer of choice. Now it, too, had to answer to questions that companies around the world are grappling with: How adequate is the response to sexual harassment? Is everything being done to create a workplace culture where gender parity and respect are the norm?

In the legal profession, the conversation has advanced at a rapid pace. In July 2018, the ABA Journal surveyed 3,000 businesses and law firms and found that 68 percent of the female respondents had experienced sexual harassment, but only 30 percent of them reported it. Further, 47 percent of the female respondents believe sexual harassment is tolerated in their organization, and 45 percent had no confidence that senior leadership is addressing the issue.

“Two years ago when I suggested to managing partners [at the firm where she worked at the time] there may be issues, they assured me it was not a problem [and] they were working on diversity,” says Hilarie Bass, the former ABA president who spearheaded a study on why women are leaving the legal profession. “Now there’s much more of a recognition that there are issues of which they aren’t aware as well as a commitment to figuring things out.”

Companies Take a Second Look

Businesses across the globe are scrambling to respond, and many are changing their focus and looking to proactively address potential issues. A survey conducted by Challenger, Gray and Christmas, Inc., a Chicago-based career consulting firm, found that 52 percent of the companies surveyed eight months after the start of the #MeToo movement said they were reviewing their sexual harassment policies. Of these, 58 percent said they updated them. “What I’ve seen is that every employer has been impacted by the #MeToo movement in some way or another,” says Amy Bess, chair of the Labor and Employment Practice Area and a partner in the Washington, D.C., offices of Vedder Price. Her section oversees trainings in more than 55 offices worldwide as well as provides training for clients. “If nothing else, the awareness of the reality of sexual harassment has been heightened.”

According to Bess, more companies are looking seriously at their training programs to ensure they are relevant to the issues raised in recent times. For example, she says “bystander empowerment” is now included in most trainings.

Consider that former film producer Harvey Weinstein had dozens of charges lodged against him over the years, yet many women feared retaliation or were held back by the belief that their word held little weight against someone so powerful. Bess says trainings try to instill a sense of responsibility as well as empowerment.

“Some organizations are really driven by their belief system and their values, and other organizations are driven by liability,” Oppenheimer says. “I think that employers are recognizing that this does impact the bottom line regardless of what motivates them.”

Rooting Out the Problems

Giving employees many avenues and companies many tools for dealing with misconduct is another change in workplace policy. “It’s best practice to provide employees a lot of different avenues, such as offering a hotline, an opportunity to speak with HR or a manager,” Oppenheimer says.

She points out that a policy dictating a specific path may be futile if that path involves the problem person. “If you’re only providing employees one means of recourse,” Oppenheimer notes, “you’re inevitably deterring a big chunk of the workplace from ever coming forward. They have to be able to bypass the manager or HR if necessary.”

The Legal Community Responds

Law firms are not immune to these challenges. According to a report by FTI Consulting and Mine the Gap, a women’s leadership organization, one in four women working in the legal industry said they experienced sexual harassment in the workplace. Experts point out that several aspects of the legal profession make it susceptible to incidents of sexual harassment, which is often triggered by an imbalance of power. The power differential found in law firms can lead to coercive behavior. While other professions have similar dynamics, the lack of women in law firm leadership impacts an organization’s culture and climate.

In 2017, then ABA president Hilarie Bass launched an initiative to examine why women were leaving law practice in large numbers. Although women make up a majority of students enrolled in law school and 45 percent of associates, less than 20 percent are equity partners. Women of color make up 3 percent of leadership. Further, that number has only increased by 5 percent in 10 years, according to surveys conducted by the National Association of Women Lawyers in Chicago.

“I think a lot of people were disappointed with the lack of progress, but most women are not the least bit surprised at the data or the explanation as to why women are leaving,” says Bass, who notes a full report is expected in early 2019. “From the beginning, we said anecdotes do not create change, but data will. Our hope is [to] come back to [the] House of Delegates with facts about why women leave the law and what we can do about it.”

Lawyers Lead the Way

In 2017, when the #MeToo phenomenon swept through Congress, Ally Coll Steele, a litigation associate in the Washington, D.C., offices of Boies Schiller Flexner, shared her story of being groped by a senator on the floor of the 2004 Democratic National Convention. Shortly after her story appeared in the Washington Post, Steele learned that her then-employer was involved in secretly investigating women on behalf of former film producer Harvey Weinstein in an effort to block publication of their allegations. Because of her vocal presence on Capitol Hill, Steele took on what she terms “an unexpected leadership role” within the firm to push leadership into a number of changes. They formed a partnership with the National Women’s Law Center in Washington, D.C., for pro bono work and added more women and younger partners to the Executive Committee to create more ways for associates to be heard.

This a wake-up call to address gender imbalance and believes lawyers have a unique role to play. “It’s very integrated with best practice around diversity and inclusion,” . “If you have a healthy, fully inclusive workplace with a healthy culture where employees felt respected or understood, you’re probably less likely to have a #MeToo situation arise.”

CONCLUSION

Sexual misconduct haunts the corporate world. It’s in the headlines every week, and corporate boards, executives, and rank-and-file employees have begun to realize that it’s a problem they need to fight. But before we can effectively fight the problem, we need to map out in concrete detail its scope and span.

One thing all this new evidence makes quite clear is that the #MeToo movement has not had a big enough tent: It has not reached beyond the standard story (older white guys hitting on younger white women) to acknowledge, comfort, and support other groups who are also targets of abuse.

#Me Too provide a way forward, both for individuals and organizations. It’s become a business imperative for leaders to create work environments where everyone, female and male, black, white, and straight - can safely and effectively work together across lines of hierarchy and rise according to their merits. Employees (junior as well as senior) also need to take steps to protect themselves and those around them. The one key takeaway from this paper is that, to truly drive change, the #MeToo movement will have to become much more inclusive itself.

REFERENCE

• https://marker.medium.com/the-shocking-statistics-behind-sexual-assault-and-harassment-in-corporate-america-e899a84de078
• https://fortune.com/2020/02/18/sexual-harassment-at-work-corporate-advice-me-too-movement
• https://en.wikipedia.org/wiki/Sexual harassment in the workplace in the United States.
• https://i-sight.com/resources/guide-to-workplace-sexual-harassment-infographic
• https://hbr.org/2019/07/has-sexual-harassment-at-work-decreased-since-metoo

Thank you.....