Sexual Harrassment

Sexual Harassment

Introduction

Sexual harassment is one of the most common business law topics in the workplace and one of the most publicized. Today, nearly everyone who enters the workforce to work for a larger organization will receive some kind of sexual harassment and sensitivity training. The number of sexual harassment claims has skyrocket since 1991 and formal training programs and grievance policies began entering the workforce. However, one interesting trend has also emerged lately. The number of sexual harassment claims dropped significantly after the Great Recession emerged in 2008. There are other recent trends that are also interesting. For example, the number of men filing claims has reached new heights as well as claims made by members of the same sex. This analysis will provide a background on sexual harassment in the workplace followed by a brief discussion of some of the newer patterns that have emerged in regards to sexual harassment claims being filed in just the last few years.

Background on Sexual Harassment

Definitions

The definition of what constitutes sexual harassment seems to vary widely by the source. However, the general theme, according to USA Today (Howard-Martin, 2002), is that for sexual harassment to be unlawful, the conduct must be unwelcomed and offensive, as perceived by the recipient of such actions. Obviously, the perspectives and perceptions of related acts are subject to a subjective interpretation, which makes it difficult to pinpoint a specific definition. There are many fine lines that divide the concept of an offensive statement and one that can be considered sexual harassment. Generally, it is up to the recipient of the sexually offensive action to be the judge of what makes them feel uncomfortable or is inappropriate in a work environment.

Much of the definition hinges on the concept of “unwelcomed” behavior. According to the United Nations definition of unwelcomed, it does not necessarily mean...