What constitutes sexual harassment, according to the federal government? Why does sexual harassment fall under antidiscrimination laws? What does a victim need to demonstrate in order to prove sexual harassment? What is the employer's

Question

responsibility in preventing sexual harassment? Evaluate whether existing laws go far enough, go too far, or strike the right balance in protecting employees from sexual harassment.

What will be an ideal response?

Answer 1

An ideal response will:
1, Outline what constitutes sexual harassment. Having to give sexual favors in order to get a job or a promotion is clearly sexual harassment. The law also prohibits fostering an "intimidating, hostile, or offensive working environment."
2, Explain how the actions involved in sexual harassment amount to treating someone differently on the basis of sex, and that is a form of discrimination.
3, Describe what a victim must demonstrate to prove sexual harassment, which is that a work environment is hostile or abusive. The worker does not need to demonstrate psychological harm or an inability to perform his or her job.
4, Outline the employers' responsibilities in preventing sexual harassment. For starters, companies must be aware of the work environment created by management, as the company may be liable for what harassers have done. Companies can try to protect themselves by communicating clear prohibitions on sexual harassment and by providing the necessary training to prevent harassment and the necessary infrastructure to protect potential victims.
5, Evaluate whether existing protections are sufficient, need to be ramped up, or need to be ramped down. Those who think that the current law is sufficient may note that policies do not make it too difficult for victims to confront sexual harassment. Those who think that the current law does not go far enough may point to the fact that 20 percent of women report that they have experienced sexual harassment at work. Those who think the law goes too far may indicate that there are not enough safeguards in place to protect businesses from false charges of sexual harassment, or they may argue that the inappropriate actions of a single person should not be a liability for the company as a whole. Students may also argue that the laws are fine, but culture or education needs to change.