Title VII in 1976. In 1980, after more complaints began to surface, the Equal Employment
Opportunity Commission (EEOC) issued guidelines as to what constitutes sexual harassment
under Title VII of the Civil Rights Act of 1964. Title VII prohibits employment
discrimination on the bases of sex, color, or origin. Still, the public remained almost blind
to the subject, until 1991, when the Senate Judiciary Committee held hearings on Anita
Hill’s charges against Supreme Court nominee Clarence Thomas. In 1992, one year after
the Anita Hill-Clarence Thomas case, the number of sexual harassment complaints filed
with the Equal Employment Opportunity Commission, was 50% higher than in 1991.
Until 1991, sexual harassment victims found little remedy in the Justice System for the
suffering that they endured. Title VII only entitled them to compensation for lost wages.
Nothing was provided to them for pain and suffering. Furthermore, they were subject to
repeated harassment upon their return to the workplace.
In 1991, because of the need to strengthen the laws for sexual harassment under Title VII,
Congress amended the Civil Rights Act. Sexual harassment victims can now recover
compensatory damages for emotional pain and suffering. Punitive damages can also be
collected if the plaintiff can prove that the employer acted with malice.
Federal law recognizes two grounds for sexual harassment claims under Title VII. The
first is Quid Pro Quo, which is a form of harassment where a person of authority demands
sexual favors of a subordinate, in order to get or keep a job. The second type of sexual
harassment is a hostile work environment. In a hostile work environment, victims are not
threatened with termination, rather, they suffer repeated abuse by a supervisor or co-worker
who engages in inappropriate sexual behavior.
Sexual harassment can have adverse effects on the victim’s emotional and physical
well being. The victim’s everyday life can change drastically in the home and at the office.
A spouse or children may be pushed away and productivity may be lost at work. Typical
symptoms include, fear, anger, lowered self-esteem, anxiety, guilt, depression, humiliation,
embarrassment, nausea, fatigue, headaches, and weight gain or loss. Inevitably, the victim
faces a choice between their work and their self-esteem. Sometimes, they face a choice
between their jobs and their personal safety.
While the cost to a victim may be high, the cost to the Company involved can also be
high. According to Working Women Magazine, a Fortune 500 company can expect to lose
several million dollars annually from the results of sexual harassment suits. These losses
do not include litigation or court-awarded damages, not to mention bad press, which results
in a damaged reputation and can cause a company to lose its clientele and revenues.
Sexual harassment by an employer is prohibited by Title VII with respect to
compensation, terms, conditions, or privileges of employment. The law says that employers
have a duty to supply a healthy work environment free from sexual harassment. If
harassment does occur, employers may be held liable. Employers should be well advised
of EEOC’s guidelines on sexual harassment. Under the Supreme Court, an employer will
be held responsible if the employer knew or should have known of the conduct, unless,
the employer can prove that it took corrective action. An employer can protect itself by
implementing a strict sexual harassment policy, and by quickly intervening if sexual
harassment still occurs.
In conclusion, sexual harassment has absolutely no place in our workforce or our society.
Employees have a right to be free of sexual harassment. Employers should enforce a zero
tolerance policy regarding sexual harassment, which in turn would allow employees to feel
safe at work and focus more on the task at hand. Eliminating sexual harassment would
increase productivity, reduce the turnover rate, and save a lot of time and money that would
be spent in the legal system.