Topic > Sexual Harassment and Equal Employment Opportunity...

Under Title VII of the Civil Rights Act of 1964, sexual harassment is a form of sex discrimination. Federal law and various state fair employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race under terms, conditions or work privileges. Statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruitment, through the employee's career within the organization, including dismissal. The prohibition on sexual discrimination places a responsibility on employers to provide their employees with an environment free from sexual harassment and the fear that it may occur. While the Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of victims of sexual harassment, women who take their allegations to court face even greater obstacles than simple public disapproval. The legal process is long and cumbersome: years can pass from the first complaint to the final verdict and in the meantime the woman finds herself in a legal, professional and often financial limbo. Women are not entitled to collect damages under the Civil Rights Act: only back pay; so many women don't find this process worth it. However, even those who file a complaint and win a harassment lawsuit may feel lost. Although Title VII offers reinstatement to the previous job, the individual may be shunned or harassed by the co-worker, thus making conditions even more uncomfortable than they were previously. Tort lawsuits, such as intentional infliction of emotional distress, assault and battery, provide a remedy in certain types of sexual harassment cases that is totally dependent on any statute and government agency. However, the proposed solutions may seem comprehensive in the context of plans to reduce sexual harassment in the workplace and punish harassers; women still face formidable obstacles to prevent harassment from continuing. The proposed measures fail to cover all aspects of harassment, although the truth is that it is practically impossible to formulate a plan to do so.