HDL (Legal and Ethical Issues)

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Introduction

Sexual harassment is an area of interest by the fact that the incidences of sexual harassment in the Federal offices ahs remained unchanged even with a survey range of seven years. Now that, my profession may require my presence within an entire institution, I am properly easily subjected to the practice, and this has pushed for my study of the area. It is also appropriate to have the understanding o the nature of the practice to get the entire society enlightened about this evil gender discrimination practice

Statement of the Problem

The world contains different persons from different ethnicities. The operations of the persons are governed, and the governance may fail to enact the required control as the law requires. At times things do happen and get to cause problems that the concerned personnel fault to deliver the required solution. The issue may stand as an ethical issue of legal issue. An ethical or legal issue defines the problem or the stand out a situation that a person/ organization is faced with alternatives from which the alternatives gets evaluated either as right termed as ethical/ legal or wrong referred to as unethical or illegal and the most appropriate get chosen.

Sexual harassment is a practice that is associated with the discrimination that is observed at the working places. The actions taken in responding to the sexual harassment practices gets a person with hardship in determining the actual judgment without favoring either of the parties. The problem statement is defined with the possible ethical considerations alongside the strategies of preventing sexual harassment (Wicks, n.d).

Supporting Research

History and background of sexual harassment

Ideally, the sexual harassment began with the traditional cultures that saw a man more powerful than a woman. The man would do anything to the woman in the name of being under him. Subsequently, the practice was ignited with the practices of slavery and the domestic servants. The slavery opened the way to the violence as the slaves had no say before their masters.

In the 1920s, the female were informed on how to get sexual harassment dealt on their own at the working place. The efforts provided the guide books to the women to have their understanding, and the major proposal was to get the women quit the working place in case they can’t handle the case. The law passage of Title VII in 1964 in the US prohibited the sex discrimination where the sexual harassment was included in the working places (Reed, 2013).

In Title IX of Education Amendments Act of 1972, the law stood to prohibit the sexual discrimination in education which was later supported in 1997 by the National Coalition for Women and Girls in Education (NCWGE) that provided an understanding of the impacts of gender discrimination. The NCWGE saw sexual harassment as the major obstacle to the achievement of girls and women. At this point, sexual harassment was seen on the female parties only.

The same year, 1997, the Office for Civil Rights (OCR), provided Sexual Harassment Guidance: Harassment of students by school employees other students or third parties. The guideline based on the Title IX legal controls. The improvement has developed until it was the demand to every institution to have a guideline regarding sexual harassment which has been identified to affect both the male and female. The current legal controls of the practice have advanced with the better ways of handling the evil practice (Office for Civil Rights (OCR), 1997).

Critical legal and ethical issues surrounding sexual harassment

Sexual harassment is a practice that is faced with issues when it comes to handling as the harasser, and the harassed may both fail to disclose the required information. At times the determination or identification of the sexual harassment in the complaints presented may get the court or an organization with a lot of difficult; the creation of enmity that may lead to some other issue is a real issue. However, based on the information presented by the both parties, it is always hard to develop and present an appropriate alternative basing on the available alternatives. Law always provides the judgment with alternatives and the information provided gets it difficult to provide the required direction of handling a sexual harassment act. The sampled example of firing the most dependable staff becomes an issue. The law may state clearly based on the information presented the culprit should be fired. On the other hand, the firing of the staff will mess the entire organization. This gives the ethical issue and difficult as the law has provided the right control over the acts of the particular person (Wicks, n.d).

The legal and ethical principles considered will addressing the issue of sexual harassment should be outlined from the framework developed by an organization. The framework contains the policies that govern and controls the practice and during the handling, the framework should provide the direction on some of the principles that should get considered. In cases, the responses and acts should highly underline the possible causes or the factors that initiated the person to undertake the task (Workplacefairness.org, 2016). There might be some forces that are uncontrollable that forced the alleged person to get involved in the act. Therefore, that one is an essential consideration taken during the handling of the sexual harassment acts. Secondly, the consequences should get measured such that the particular institution does not get affected with its normal operations since the persons are a negligible percentage of the organization. Another control consideration is the duration that the sexual harassment is alleged to have taken place. Long durations should be handled differently with short duration as long durations show the interests’ of the other person as it was reluctant in reporting the case.

The subject of study involves ethics and as professionals, sexual harassment was earlier taken as an act that a professional may not get involved, and many have suffered the practice. Ethics defines the mode of conducting before others while taking a given tasks. The sexual harassment relates to the studies that outlineshow a person should behave in a given institution. It is a very sensitive topic that people fear to discuss because of the embarrassment. The case stands to match with acts such as stealing, hacking systems and misrepresenting at working point (Schiff, Kramer & American Bar Association, 2000).

Recommendations

Strategies for resolving sexual harassment

Sexual harassment has been taken with negligence and lot of fear with some respective principles without them having the knowledge of how the affected individuals get to suffer. In most cases, the practice is widely observed at working place and in educational institutions. To provide the mechanism for handling such alarming practice, it is appropriate that strategies get developed to prevent the practice. The prevention will provide the ways towards responding to the underway instances and providing a breakthrough for preventing the future happening. Propose, the following strategies may serve best in controlling, managing and preventing sexual harassment which is a gender discrimination.

Development of sexual harassment policy

It is the prioritized strategy towards curbing on the practice by ensuring that a handbook gets defined to employees and within an institution with right policies to govern the practice. The policy should get enacted and ensured that they are adopted at all the time. The policy may stand to contain the information without failure of defining sexual harassment. Secondly, defining the no uncertain terms that won’t get tolerated as far as sexual harassment is concerned. The policy should define the disciple laid to the culprits, also a clear procedure for presenting the sexual harassment to the concerned body get defined as well as setting the procedures and the team for handling the investigation and the allegations laid out (Shrm.org, n.d). The policy strategy is the major technique that stands to rescue the potential persons that may get violated with the unlawful practice.

Training

Training is another right direction to handling and especially preventing the action of sexual harassment. The practice requires that training sessions get conducted on a regular basis to get persons informed of sexual harassment. In the process, the employees and other citizens may get trained on the acts that lead to sexual harassment, the ways of having good conduct to reduce the attraction of being violated. The persons should get informed of their rights regarding the evil practice. The training should cut across by including the supervisors and managers because they are the most involved persons (Barreiro, n.d).

Monitoring of personnel at workplace

The measure of taking to determine the workers activities is a good model as it provides the way of persons to understand what is expected of them at working place. The fear that may get into personnel is removed, and they will be open to say out all that goes on in the areas of work. The employees should be talked regarding the working environment to outline the challenges being experienced regarding sexual harassment. At the same time, the communication lines should be open for the interaction and easy detecting of bad behaviors that may get observed.

Responding to complaints accordingly

In most cases, employers fail to consider the allegations and complaints presented to the administration about sexual harassment. It requires that in any case of complaints, immediate actions should be taken with an undertaking of an in-depth and serious investigation regarding the complaints presented. In case complaints turn out to be true then the culprit should face the consequences and at all times warnings should get send to the other persons (LeMoncheck & Hajdin, 1997).

Strategies for handling the future dilemmas of sexual harassment

The sexual harassment practice is under the influential of some dilemmas that get it difficult to determine the handling of its future. The interventions regarding the practice may get a situation complicated and lose the evidence at hand. However, some strategies that can get adopted may involve the regular revising of the policies that govern the sexual practice. The nation constitution should provide the guidelines from which organizations develops the principles of handling the situation. The development of the technology gets things complicated. It standsin the right place to outline that always the moral intensity of the actual sexual harassment practice gets determined to understand the route direction easily so as to take the response (In Khoury & In Khoury, 2014). Majorly, it is the strategy that takes around the functioning framework of handling the sexual harassment within an institution.

References

Barreiro, S. (n.d).Preventing Sexual Harassment in the Workplace. Retrieved from https://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html

EEOC, (n.d). Facts About Sexual Harassment. Retrieved from https://www.eeoc.gov/eeoc/publications/fs-sex.cfm

In Khoury, G. C., & In Khoury, M. C. (2014). Cases of management and organizational behavior in an Arab context.

LeMoncheck, L., & Hajdin, M. (1997). Sexual harassment: A debate. Lanham: Rowman & Littlefield Publishers.

Office for Civil Rights (OCR). (1997). Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (62 Federal Register 12034, March 13, 1997).

Reed, A. (2013).A Brief History of Sexual Harassment in the United States. Retrieved from http://now.org/blog/a-brief-history-of-sexual-harassment-in-the-united-states/

Schiff, M. B., Kramer, L. C., & American Bar Association. (2000). Litigating the sexual harassment case. Chicago, Ill: Tort and Insurance Practice Section, American Bar Association.

Shrm.org (n.d). Sexual Harassment Policy and Complaint/Investigation Procedure. Retrieved from https://www.shrm.org/templatestools/samples/policies/pages/cms_000554.aspx

Wicks, D. (n.d). Ethical Implications of Sexual Harassment in the workplace. Retrieved from http://smallbusiness.chron.com/ethical-implications-sexual-harassment-workplace-15391.html

Workplacefairness.org, (2016). Sexual Harassment – Legal Standards. Retrieved from http://www.workplacefairness.org/sexual-harassment-legal-rights#2



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