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The Discrimination Act of was modified to establish sexual harassment as a form of discrimination in If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment.

Sexual harassment is also now considered discrimination under the Equality Act The Equality Act merged over separate pieces of legislation under one act that protects the rights of citizens and promotes equality for all people.

One group in particular, "This is Not Working," acts because according to recent surveys done by the Women and Equalities Committee, workplace sexual harassment is still very prevalent, even with the current legislation.

The movement pushes for even more employers to take responsibility and proactively prevent sexual harassment.

In China , the Law for the Protection of Women's Rights and Interests of the People's Republic of China states "sexual harassment against women is prohibited" [] although the law does not explicitly define what sexual harassment is.

Sexual harassment is still pervasive within Chinese culture. As of , it is estimated that one in four women in Lebanon have been subjected to some form of unsolicited sexual advance, ranging from verbal to physical.

Sexual harassment in India is termed " Eve teasing " and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal or non-verbal conduct being sexual in nature or passing sexually offensive and unacceptable remarks.

The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.

In , the Supreme Court of India in a Public Interest Litigation , defined sexual harassment at workplace, preventive measures and redress mechanism.

The judgment is popularly known as Vishaka Judgment. Almost 16 years after the Supreme Court's landmark guidelines on prevention of sexual harassment in the workplace known as the " Vishaka Guidelines " , the Act has endorsed many of the guidelines, and is a step towards codifying gender equality.

The Act is intended to include all women employees in its ambit, including those employed in the unorganized sector, as well as domestic workers.

The Indian law does not permit the victim or complainant to take assistance of a legal professional in the inquiry, however, in Arti Devi Vs Jawaharlal Nehru University , [] the High Court of Delhi permitted the complainant to avail the services of a counsel as her defence assistant.

The Act has identified sexual harassment as a violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution; as well as the right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.

The Act also states that the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, by the Government of India.

The Criminal Law Amendment Act, introduced changes to the Indian Penal Code , making sexual harassment an expressed offense under Section A, which is punishable up to three years of imprisonment and or with fine.

The Amendment also introduced new sections making acts like disrobing a woman without consent, stalking and sexual acts by person in authority an offense.

The Israeli Sexual Harassment Law interprets sexual harassment broadly, and prohibits the behavior as a discriminatory practice, a restriction of liberty, an offense to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy.

Additionally, the law prohibits intimidation or retaliation thus related to sexual harassment are defined by the law as "prejudicial treatment".

Sexual Harassment, or sekuhara in Japanese, appeared most dramatically in Japanese discourse in , when a court case in Fukuoka ruled in favor of a woman who had been subjected to the spreading of sexual rumors by a co-worker.

When the case was first reported, it spawned a flurry of public interest: 10 books were published, including English-language feminist guidebooks to 'how not to harass women' texts for men.

Laws then established two forms of sexual harassment: daisho , in which rewards or penalties are explicitly linked to sexual acts, and kankyo , in which the environment is made unpleasant through sexual talk or jokes, touching, or hanging sexually explicit posters.

This applies to everyone in an office, including customers. The Act does not distinguish between male and female or employer and employee.

As such, sexual harassment can be committed by a female against a male, or an employee against an employer. Sexual harassment is common, and since trains on the Malaysian Railway have included pink-coloured women-only cars as a means of cutting down on it.

Pakistan has promulgated harassment law in with nomenclature as "The Protection Against Harassment of Women at The Workplace Act, ". This law defines the act of harassment in following terms.

AASHA defines sexual harassment much the same as it is defined in the U. This law, consisting of ten sections, provides for a clear definition of work, education or training-related sexual harassment and specifies the acts constituting sexual harassment.

It likewise provides for the duties and liabilities of the employer in cases of sexual harassment, and sets penalties for violations of its provisions.

A victim of sexual harassment is not barred from filing a separate and independent action for damages and other relief aside from filing the charge for sexual harassment.

In the United States, the Civil Rights Act of prohibits employment discrimination based on race , sex , color , national origin or religion.

This discrimination occurs when the sex of the worker is made as a condition of employment i. This act only applies to employers with 15 or more employees.

Barnes v. Train is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used. Saxbe established sexual harassment as a form of sex discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another.

In the Equal Employment Opportunity Commission EEOC issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act of In the case of Meritor Savings Bank v.

Vinson , the Supreme Court first recognized "sexual harassment" as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer liability , and that speech or conduct in itself can create a " hostile environment ".

Vinson , reported sexual harassment cases grew from 10 cases being registered by the EEOC per year before to case being reported in the subsequent following year.

The Civil Rights Act of added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment, and the case of Ellison v.

Brady US Court of Appeals for the Ninth Circuit — F. Eveleth Taconite Co. Seven years later, in , through that same case, new precedents were established that increased the limits on the " discovery " process in sexual harassment cases, that then allowed psychological injuries from the litigation process to be included in assessing damages awards.

In the same year, the courts concluded in Faragher v. City of Boca Raton, Florida , and Burlington v. Ellerth , that employers are liable for harassment by their employees.

Sundowner Offshore Services set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long as it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.

White , the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.

During alone, the U. Equal Employment Opportunity Commission and related state agencies received 12, new charges of sexual harassment on the job.

Bildman , N. The case, Reeves v. Robinson Worldwide, Inc. A hostile workplace may exist even if it is not targeted at any particular employee.

Title IX of the Education Amendments of United States states "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

In Franklin v. Gwinnett County Public Schools , the U. Supreme Court held that private citizens could collect damage awards when teachers sexually harassed their students.

Fraser the courts ruled that schools have the power to discipline students if they use "obscene, profane language or gestures" which could be viewed as substantially interfering with the educational process, and inconsistent with the "fundamental values of public school education.

Department of Education , which administers Title IX , school districts should be held responsible for harassment by educators if the harasser "was aided in carrying out the sexual harassment of students by his or her position of authority with the institution.

Monroe County Board of Education , and Murrell v. School Dist. There are a number of legal options for a complainant in the U.

However, most often there are several types of harassing behaviors present, and there is no minimum level for harassing conduct under the law.

Definitions similar to the EEOC definition have been created for academic environments in the U. Department of Education Sexual Harassment Guidance.

The Equal Employment Opportunity Commission claims that it is unlawful to harass an applicant or employee of any sex in the workplace.

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.

The EEOC defines sexual harassment as:. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:.

They are essentially "sexual bribery", or promising of benefits, and "sexual coercion". Type 3. This form is less clear cut and is more subjective.

Note: a workplace harassment complainant must file with the EEOC and receive a "right to sue" clearance, before they can file a lawsuit against a company in federal court.

Quid pro quo means "this for that. 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 is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.

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. 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.

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 a of Title VII have occurred.

In the United States, there are no federal laws prohibiting discrimination against employees based on their sexual orientation.

However, Executive Order , 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.

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.

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.

Also, retaliation is illegal even if the original charge of sexual harassment was not proven. New Jersey was historically known to have one of the strongest anti-sexual harassment laws in the United States.

The Law Against Discrimination used to hold an employer liable if the sexual harassment was done by a member of upper-level management.

Accordingly, if a policy existed and was enforced, the victim or witness to the sexual harassment would need to complain about the conduct.

The company would not be liable if they investigate the matter and take some remedial measures to make sure that the harassment stops.

The Company only becomes liable if the activity occurs again. See Aguas v. In ancient Rome , according to Bruce W.

Frier and Thomas A. McGinn , what is now called sexual harassment [] was then any of accosting , stalking , and abducting. Accosting was "harassment through attempted seduction" [] or "assault[ing] another's chastity with smooth talk 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.

Jana Rave, professor in organizational studies at 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.

Paglia commented in an interview with Playboy , "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 University comments, "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.

She argues that the split has helped lead to a perversion of the definition of sexual harassment, 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 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. Sexual harassment laws may also be used unfairly applied in effect.

Unsolicited sexual advances were considered more disturbing and more discomforting when perpetrated by an unattractive opposite sex colleague than when perpetrated by an attractive opposite sex colleague.

From Wikipedia, the free encyclopedia. For other uses, see Sexual harassment disambiguation. Repeated unwanted sexual attention or advances.

This article may require cleanup to meet Wikipedia's quality standards. The specific problem is: Layout Please help improve this article if you can.

July Learn how and when to remove this template message. Further information: Sexual harassment in education and Sexual harassment in the workplace in the United States.

The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject.

You may improve this section , discuss the issue on the talk page , or create a new section, as appropriate. June Learn how and when to remove this template message.

Main article: Sexual harassment in the military. This section needs attention from an expert in psychology. Please add a reason or a talk parameter to this template to explain the issue with the section.

WikiProject Psychology may be able to help recruit an expert. July Schickman, Sexual Harassment. The employer's role in prevention.

American Bar Association [90]. This article needs to be updated. The reason given is: No mention of the Equality Act Please update this section to reflect recent events or newly available information.

February Further information: Sexism in India ; Eveteasing ; and The Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act, Main article: Sexual harassment in Malaysia.

Main article: Sexual harassment in the workplace in the United States. Main article: Sexual harassment in education in the United States.

Main article: Hostile work environment. This article appears to contain trivial, minor, or unrelated references to popular culture.

Please reorganize this content to explain the subject's impact on popular culture, providing citations to reliable, secondary sources , rather than simply listing appearances.

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