-Gretchen Morgenson
An unwanted sexual advance, an
offensive touch,
and suggestive
comments illustrate examples of sexual
harassment. Sexual harassment is defined by Stephanie
Riger as,
"unwanted sexually oriented behavior in a work
context." However, sexual harassment does not only
appear in an
occupational environment, and this form of
harassment is not
limited to a specific race, a specific
gender, or any
certain lifestyle. Today, throughout the
United States,
men and women are filing sexual
harassment
lawsuits as if sexual harassment were no
great
matter. A line needs to be drawn to
distinguish
what is and is
not sexual harassment, but since sexual
harassment is so
subjective, a simple line becomes
harder to
draw. Some people want punishment for
hostile
environment
harassment, but what constitutes a hostile
environment? According to Morgenson a hostile
environment
includes "hazing, joking, and sexually
suggestive talk
between men and women who work alongside
them."
Lately, it seems that Americans are making sexual
harassment an
excuse. People are crying sexual
harassment like
the little boy who cried wolf.
Sexual harassment has become such an
issue due
to the large
number of cases presented. When Anita
Hill, law
professor at the University of Oklahoma,
brought
allegations of sexual
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harassment
against Supreme Court Justice Clarence
Thomas, the whole
world started listening. This case
was "the
most celebrated sexual harassment case of our
time,"
according to Martha Chamallas, and "Hill's
revelations
prompted women to tell about their own
encounters with
sexually harassing behavior-both in
private and in
public." This case gave women a
reason
to report sexual
harassment, and sexual harassment would
no longer be
overlooked. Women would no longer have
to
"flatter"
their bosses, as Erica Jong had to.
Consequently, since Anita Hill came out
and
voiced her
opinion, it seems that the issue of sexual
harassment has
become a security blanket for men and
women, and filing
lawsuits of sexual harassment have
created a new
money making scheme. In 1996 my place of
employment
received two allegations of sexual
harassment. In the case I testified in court that I
never saw any
event of sexual harassment that the lady
in question
described. The jury threw out her sexual
allegations
against our employer, and she was sentenced
for embezzlement. In this case, sexual harassment was
her security
blanket against her employer. When she
heard that she
was being charged with embezzlement, she
decided that she
might be able to plea bargain if she
proved that
sexual harassment took place.
When allegations of sexual harassment hit
home,
it has become
clear to me that something needs to be
done. Employers need to safeguard themselves by
understanding the
definition of sexual harassment.
Employers need to
know their employees and be
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aware of their
employees' values. Knowing that sexual
harassment is an
issue of power and not sex, women need
to prove to men
that they are not submissive objects.
Jong states
"just as men can use sexuality for power,
women can use anti-sexuality
for political power," and I
agree with
her. The issue that women should be
lobbying
for is
equality. If women cannot stand up to
their
bosses and show
them that they too are powerful, then
women will never
achieve equality.
Similar to my story, in the Supreme
Court case
of Meritor
Savings Bank v. Vinson, Sidney Taylor was
accused of sexual
harassment by a former employee,
Michelle
Vinson. Michelle testified that in order
to
advance in her
occupation she had to have sex with her
supervisor. Undoubtedly, she did have sexual relations
with her
supervisor, but she never refused his advances,
according to her
affidavit. In Taylor's testimony, he
told the court
that he never made advances or even had
sexual relations
with her. Furthermore, Taylor
testified that
Vinson's accusations were the result of
an earlier
dispute over business. The court found
that
even if a sexual
relationship had taken place, that
Michelle acted
willingly, and that this relationship had
nothing to do
with her employment to the bank. This is
another example
of how the issue of sexual harassment
has become
grounds for a lawsuit and a money making
scheme.
Not only are women making money out of
sexual
harassment cases,
but "peddlers of sex harassment advice
have, of course,
their own money making agenda,"
according to
Morgenson. "There
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are a lot of bad
consultants taking advantage of the
fact that sexual
harassment is in vogue." In fact,
the
government has
granted aid to certain agencies whose job
is to try and
combat sexual harassment. The irony is
that in
Morgenson's view, sexual harassment is
decreasing, while
the number of sexual harassment
consultants has
increased. Jennifer Coplon, a
consultant,
believes that the number of consultants has
increased because
sexual harassment is overall
employment
issues, the biggest concern among
cooperations. If women would not use sexual harassment
as a cry for
help, then maybe cooperations would not
have to pay consultants
to educate businesses.
Prevention is the hardest phase of
sexual
harassment
because it is almost impossible to understand
what one
considers harassment. Morgenson
described it
best when she
pointed out that "Behavior that one woman
may consider
harassment could be seen by another as a
non-threatening
gag." Riger suggests that policy
makers
and employers
need to "think like a woman" in order to
define sexual
harassment. By understanding what might
be offensive and
suggestive to a woman, employers can
safeguard
themselves against law suits. Since
feminists
have forced the
court to believe that sexual harassment
is a form of
sexual discrimination, then equal
opportunities for
employment need to be implemented.
Also, prevention
can be accomplished by installing
organizational
mechanisms, such as hierarchies. If more
women were in
higher levels of authority, then cries of
sexual harassment
will be reduced. The key to
prevention is
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education, and as
long as the employer knows his
employees, then
the chance of sexual harassment is
diminished.
Even though there are almost too many
cases of
sexual harassment
reported, one cannot afford to
overlook one case
as a false allegation. At the
University of
Oklahoma, an international student who
made accusations
of sexual harassment was recently
expelled from
school. Since the University failed to
act upon her
allegations, she decided to take the matter
into her own
hands, which ended her education at the
University of
Oklahoma. It will never be known whether
or not that her
allegations were true.
Sexual harassment is an issue that
cannot be
overlooked. With proper knowledge and education,
prevention is
necessary. Maybe, punishment for wrong
allegations
should be drafted into legislation. I
agree
with Erica Jong
when she suggested that "sexual hot-
button issues
like harassment serve to distract us from
focusing, for
instance, on the fact that women continue
to be
underpaid." Until something is done
to prevent
sexual
harassment, women and men will use sexual
harassment as
their security blankets and money making
schemes. I want to emphasize to women that sexual
harassment is not
a money making game, and by crying
sexual harassment
out loud, women lose their power. As
Jong
demonstrates, "If we take our power and use it as
badly as men have
used theirs throughout the centuries,
we will not have
brought about the world of equality we
seek."
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