Saturday, January 23, 2016

Charming Body

.The United Nations General Recommendation 19 to the Convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment of women to include:

EEOC Definition

The Equal Employment Opportunity Commission claims that it is unlawful to harass an applicant or employee of any sex in the work place. The harassment could include sexual harassment. The EEOC says that the victim and harasser could be any gender and that the other does not have to be of the opposite sex. The law does not ban offhand comments, simple teasing, or incidents that aren't very serious. If the harassment gets to the point where it creates a harsh work environment, it will be taken care of. In 1980, the Equal Employment Opportunity Commission produced a set of guidelines for defining and enforcing Title VII (in 1984 it was expanded to include educational institutions).
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 The EEOC defines sexual harassment as:
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
  1. Submission to such conduct was made either explicitly or implicitly a term or condition of an individual's employment,
  2. Submission to or rejection of such conduct by an individual was used as the basis for employment decisions affecting such individual, or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
1. and 2. are called "quid pro quo" (Latin for "this for that" or "something for something"). They are essentially "sexual bribery", or promising of benefits, and "sexual coercion".
Type 3. known as "hostile work environment", is by far the most common form. This form is less clear cut and is more subjective.
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Quid pro quo sexual harassment
Quid pro quo means "this for that". In the workplace, this occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if he or she will go out on a date with him or her, or tells an employee he or she will be fired if he or she doesn't sleep with him or her. Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee's submission to verbal, nonverbal or physical conduct of a sexual nature.  Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.
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Hostile environment sexual harassment
Main article: Hostile work environment
This occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct. The courts will try to decide whether the conduct is both "serious" and "frequent." Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.
.The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge. At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply.
."Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred."
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Sexual orientation discrimination
In the USA, there are no federal laws prohibiting discrimination against employees based on their sexual orientation. However, Executive Order 13087, signed by President Bill Clinton, outlaws discrimination based on sexual orientation against federal government employees. If a small business owner owns his or her business in a state where there is a law against sexual orientation discrimination, the owner must abide to the law regardless of there not being a federal law. Twenty states and the District of Columbia have laws against this form of discrimination in the workplace. These states include California, Connecticut, Colorado, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
.For example, California has laws in place to protect employees who may have been discriminated against based upon sexual orientation or perceived sexual orientation. California law prohibits discrimination against those "with traits not stereotypically associated with their gender", such as mannerisms, appearance, or speech. Sexual orientation discrimination comes up, for instance, when employers enforce a dress code, permit women to wear makeup but not men, or require men and women to only use restrooms designated for their particular sex regardless of whether they are transgender.
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Retaliation
Retaliation has occurred when an employee suffers a negative action after he or she has made a report of sexual harassment, file a grievance, assist someone else with a complaint, or participate in discrimination prevention activities. Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job reassignment—any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination. (See Burlington Northern & Santa Fe Railway Co. v. White.) Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove. Also, retaliation is illegal even if the original charge of sexual harassment was not proven.
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Ancient Rome

In ancient Rome, according to Bruce W. Frier and Thomas A.J. McGinn, what is now calledsexual harassment was then any of accosting, stalking, and abducting. Accosting was "harassment through attempted seduction" or "assault[ing] another's chastity with smooth talk ... contrary to good morals", which was more than the lesser offense(s) of "obscene speech, dirty jokes, and the like", "foul language", and "clamor", with the accosting of "respectable young girls"
.who however were dressed in slaves' clothing being a lesser offense and the accosting of "women ... dressed as prostitutes" being an even lesser offense. Stalking was "silently, persistently pursuing" if it was "contrary to good morals", because a pursuer's "ceaseless presence virtually ensures appreciable disrepute". Abducting an attendant, who was someone who follows someone else as a companion and could be a slave, was "successfully forcing or persuading the attendant to leave the side of the intended target. but abducting while the woman "has not been wearing respectable clothing" was a lesser offense.

Criticism

Though the phrase sexual harassment is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial. Accordingly, misunderstandings can occur. In the US, sexual harassment law has been criticized by persons such as the criminal defense lawyer Alan Dershowitz and the legal writer and libertarian Eugene Volokh, for imposing limits on the right to free speech.
.Prof. in organizational studies Jana Raver from the Queen's School of Business criticized sexual harassment policy in the Ottawa Business Journal as helping maintain archaic stereotypes of women as "delicate, asexual creatures" who require special protection when at the same time complaints are lowering company profits. Camille Paglia says that young girls can end up acting in such ways as to make sexual harassment easier, such that for example, by acting "nice" they can become a target. Paglia commented in an interview withPlayboy, "Realize the degree to which your niceness may invoke people to say lewd and pornographic things to you--sometimes to violate your niceness. The more you blush, the more people want to do it."
.Other critics assert that sexual harassment is a very serious problem, but current views focus too heavily on sexuality rather than on the type of conduct that undermines the ability of women or men to work together effectively. Viki Shultz, a law professor at Yale Universitycomments, "Many of the most prevalent forms of harassment are designed to maintain work-particularly the more highly rewarded lines of work-as bastions of male competence and authority. Feminist Jane Gallop sees this evolution of the definition of sexual harassment as coming from a "split" between what she calls "power feminists" who are pro-sex (like herself) and what she calls "victim feminists", who are not. She argues that the split has helped lead to a perversion of the definition of sexual harassment,
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which used to be about sexism but has come to be about anything that's sexual.
There is also concern over abuses of sexual harassment policy by individuals as well as by employers and administrators using false and/or frivolous accusations as a way of expelling employees they want to eliminate for other reasons. These employees often have virtually no recourse thanks to the at-will law in most US states.
O'Donohue and Bowers outlined 14 possible pathways to false allegations of sexual harassment: "lying, borderline personality disorder, histrionic personality disorder, psychosis, gender prejudice, substance abuse, dementia, false memories, false interpretations, biased interviews, sociopathy, personality disorders not otherwise specified.
There is also discussion of whether some recent trends towards more revealing clothing and permissive habits have created a more sexualized general environment, in which some forms of communication are unfairly labeled harassment, but are simply a reaction to greater sexualization in everyday environments.
There are many debates about how organizations should deal with sexual harassment. Some observers feel strongly that organizations should be held to a zero tolerance standard of "Must report - must investigate - must punish."
Others write that those who feel harassed should in most circumstances have a choice of options.

In media and literature

  • 678, a film focusing on the sexual harassment of women in Egypt
  • The Ballad of Little Jo, a film based on the true story of a woman living in the frontier westwho disguises herself as a man to protect herself from the sexual harassment and abuse of women all too common in that environment
  • Disclosure, a film starring Michael Douglas and Demi Moore in which a man is sexually harassed by his female superior, who tries to use the situation to destroy his career by claiming that he was the sexual harasser
  • Disgrace, a novel about a South African literature professor whose career is ruined after he has an affair with a student.
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  • Hostile Advances: The Kerry Ellison Story: television movie about Ellison v. Brady, the case that set the "reasonable woman" precedent in sexual harassment law
  • In the Company of Men, a film about two male coworkers who, angry at women, plot to seduce and maliciously toy with the emotions of a deaf subordinate who works at the same company
  • Les Miserables, a novel by Victor Hugo. The character Fantine is fired from her job after refusing to have sex with her supervisor.
  • The Magdalene Sisters, a film based on the true stories of young women imprisoned for "bringing shame upon their families" by being raped, sexually abused, flirting, or simply being pretty, and subsequently subjected to sexual harassment and abuse by the nuns and priests in the Magdalene asylums in Ireland.
  • Nine to Five, a comedy film starring Jane Fonda, Lily Tomlin, and Dolly Parton, about three women who are subjected to constant bullying and sexual harassment by their boss
  • North Country, a 2005 film depicting a fictionalized account of Jenson v. Eveleth Taconite Co., the first sexual harassment class action lawsuit in the U.S.
  • Oleanna, an American play by David Mamet, later a film starring William H. Macy. A college professor is accused of sexual harassment by a student. The film deals with the moral controversy as it never becomes clear which character is correct.
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  • Pretty Persuasion, a film starring Evan Rachel Wood and James Woods in which students turn the tables on a lecherous and bigoted teacher. A scathingly satirical film of sexual harassment and discrimination in schools, and attitudes towards females in media and society.
  • War Zone, a documentary about street harassment
  • "Sexual Harassment Panda", an episode of South Park that parodies sexual harassment in schools and the lawsuits which result from lawyers and children using the vague definition of sexual harassment in order to win their lawsuits
  • "Sexual Harassment In The Workplace", an instrumental minor-key blues song by Frank Zappa, from the album Guitar
  • Hunters Moon, a novel by Karen Robards, deals with a female's experience of sexual harassment in the workplace
  • In the pilot episode of the US comedy series Ally McBeal, Ally leaves her job at her first firm because of unwanted attention and groping from a male co-worker
  • The 1961 musical How to Succeed in Business Without Really Trying deals with themes of both consensual office romance and unwelcome sexual harassment; one man is fired for making a pass at the wrong woman, and another man is warned via a song called A Secretary is Not a Toy.
  • In the 1984 brat pack film The Breakfast Club, a scene between the two teens John and Claire show Bender asking Claire if she's a virgin when Claire insists she's not that pristine, and questioning why Brian was motioning to Claire while talking about how he "did it" so many times.
  • In the Fox television musical-drama show Glee, Noah "Puck" Puckerman takes Quinn Fabray's virginity while they were drinking, thus getting her pregnant. In the episode "The Power of Madonna", guidance counselor Emma Pillsbury decides to have sex with choir director Will Schuester due to cheerleading coach Sue Sylvester pressuring her to own her body, although Will tells her that she took control over her body when she told herself she wasn't ready; in that same episode, glee club member Rachel Berry is pressured by her boyfriend Jesse to have sex with him, and cheerleader Santana Lopez tells Finn Hudson that Rachel and Jesse are in fact dating, and offers to take his virginity to improve their social statuses; Finn goes through with it and regrets it; also, Tina Cohen-Chang finds her own boyfriend Artie Abrams pressuring her into dressing in more revealing outfits if she wants to be with him. In the episode "Never Been Kissed", glee club member Kurt Hummel, who is gay, finds himself getting harassed for his sexuality by classmate Dave Karofsky, who starts doing things like inappropriate touching and making limp-wristed gestures; in the mattress episode, Karofsky draws what appears to be a dress and some breasts on Kurt's yearbook photo; Kurt eventually confronts Karofsky, who abruptly grabs Kurt during an intense verbal altercation and kisses him on the mouth, the penultimate act in the projection of Karofsky's internalized homophobia over his closeted homosexuality. Karofsky starts blackmailing and stalking Kurt into keeping it quiet, threatening to kill Kurt if he reveals Karofsky's sexuality to the school. In "The First Time", Rachel and Kurt's boyfriend, Blaine Anderson find themselves being pressured into losing their virginities by Artie in order to make their performance for West Side Story more realistic; Kurt reveals his urges to become sexual and Blaine expresses reluctance to put sexual pressure into their relationship, however a new character emerging as a sexually confident threat and Blaine getting drunk at a bar, leads Blaine to attempt to get Kurt to have sex with him in the backseat of the car. Though in a committed relationship, Blaine's coercive and desperate attempt to convince Kurt after he refuses falls within the range of sexual harassment. Kurt is able to maintain control of the situation and climbs from the car, the two argue, and Blaine walks off. Later in the episode after the first night of the performance, Kurt confronts Blaine. Blaine apologies for his behavior and the two make up, then decide together to have sex for the time. Sober.
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  • Commander Jeffrey Gordon, a military spokesman in Guantanamo, complained that a reporter had been sexually harassing him.
  • AMC’s hit show Mad Men is a strong portrayal of what life was like in the 1960s. Although it is a show enjoyed by many, it is an accurate and offensive showing of how women were treated in the workplace. Women, at that time, faced a great deal of sexual harassment, not only outside of work, but also in the comfort of her office. In addition, women at this time were not taken seriously. For example, in the episode aired on April 5, 2015, the characters Joan and Peggy are trying to offer ideas to help save their parent company. Yet, because they are women, their ideas are disregarded and men in the room start to make references about how panties come in pairs, referring to Joan and Peggy presenting their idea together (Segal). This only belittles the little credibility that women had in the workplace during the 60s. It is understandable that they presented their idea together, if only one of them presented the idea, it could have been worse. Lastly, women were also referred to as “sweetheart” or “honey” when they tried to contribute. Giving women nicknames is not only sexual harassment, but it makes it near impossible to be taken seriously when a nickname is attached to being a female.

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