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Sexual Harassment Issues
Introduction
Sexual harassment is defined as unwelcome sexual attention. If the two parties are attracted to one another, then the sexual attention does not qualify as sexual harassment. If a 'one-off' compliment or sexual invitation is unwanted by the recipient of the action, then the act does not qualify as sexual harassment. [1]
Sexual harassment is a controversial topic, as its definition includes the act of unintentionally offending another person in a manner that would be deemed offensive by a reasonable person. Determining how a reasonable person would view the situation is questionable, as a weight of factors such as the subjectivity of the person can alter his or her view on the situation. [2]
Misunderstandings are Labeled as Sexual Harassment
One person might believe that a specific act is a form of sexual harassment, while another person might believe that the behaviour is acceptable. As a result, the actions of some people who are accused of sexual harassment are not malicious, and are merely the result of a misunderstanding between the disputing parties.
In the aforementioned situation, the dispute between the accuser and the accused can reach the realm of public conversation. The gossip can be defamatory to the accuser and/or the accused, as people are known to use hearsay to fill-in the unknown details of cases they have not witnessed firsthand.
At this stage, the reputation of the disputing parties may have been defamed beyond repair. If so, then their personal lives can be ruined for life, as they might need to change their job. In some cases, public judgement can be so harsh that it causes the disputing parties of sexual harassment claims to migrate.
False Accusations
Unless an accusation is corroborated by witnesses, it is almost impossible for disputing parties of a sexual harassment complaint to validate their claims. In a case like this, the reputation of the person falsely accused of sexual harassment is irreparably damaged, as it is impossible for he or she to prove his or her innocence. As a result, false accusations can be used as a weapon against other people.
The commonality of false accusations cannot be defined with precision, however there is enough evidence to suggest that they are high enough to be of concern to the public. According to the Equal Employment Opportunity Commission (EEOC), 2,119 accusations of sexual harassment were filed in 1991. At least 59% of them were found to have had no cause. [3]
Bibliography:
- Anti-Discrimination Commission Queensland (ADCQ)
What is sexual harassment?
"The easiest way to explain sexual harassment is to say it is any form of unwelcome sexual attention. It has nothing to do with mutual attraction or friendship between people, which is normal and positive. Sexual harassment, on the other hand, involves humiliation or offence to the victim. It's not fun, flattering or flirting. Sexual harassment can happen to anyone, and under the Anti-Discrimination Act 1991, it's against the law in Queensland wherever and whenever it occurs."
- Anti-Discrimination Commission Queensland (ADCQ)
What is sexual harassment?
"The harassment doesn't have to be deliberate, it can also occur in cases where a reasonable person would have expected that the behaviour was going to be offensive."
- IPT Journal -- Believe Her! The Woman Never Lies Myth (Frank S. Zepezauer)
Sexual Harassment
"Alan Dershowitz's experience with an esoteric definition of sexual harassment also raises questions about false allegations in this newly-defined but widely publicized crime. Skeptical checking has revealed that, as with rape, the percentage of unfounded accusations of sexual harassment may reach astonishingly high levels. That was the claim of Randy Daniels, whose confirmation for New York City's Deputy Mayor was almost derailed by a sexual harassment charge he was able to refute. To see whether his experience was relatively rare, Daniels checked with the Equal Employment Opportunity Commission. He found that in 1991, the EEOC investigated or mediated 2119 cases of sexual harassment and found that 59% were determined to have no cause (Daniels, 1993, p. 1). Since the Hill/Thomas affair they have gone up sharply — up 64% in one year — but so have false allegations, remaining steadily in the plus 50% range."
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