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Running head: DISCRIMINATION: SEXUAL HARASSMENT

Discrimination: Sexual Harassment
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Discrimination: Sexual Harassment
Sexual harassment is perceived as harassment which is sexual in nature. It includes
phenomenon such as unwelcome sexual approaches, sexual favor requests, physical and verbal
sexual harassment. It includes offensive comments about someone’s sex (JuliE, Kmec, Elizabeth
Hirsh, Sheryl Skaggs, 2016). The harasser and victim can either be of the same sex or opposite
sex. Once an individual notes or experiences sexual harassment of any kind, he or she should
immediately inform the harassers that the harassment is not welcome and warn them to stop.
Also, the victim can use the complaint mechanism provided by the employer or use the available
grievance system. This is important because it gives the EEOC additional records to use as part
of the evidence when investigating a case (The U.S. EEOC, 2019). The EEOC also considers the
situation such as context, and the nature of the sexual harassment which provide the facts on
which the ruling is based on.
The Recent and Relevant Law
Laws on sexual harassment vary from state to state. Some states have specific and strict
laws to govern the vice while others have less strict laws. While some states have enacted laws
that guide or dictate policies and policies of firms in their jurisdiction, some have none to that
effect. On a national scale, one can understand the discrimination from a look at the recent
relevant laws described below (Fairygodboss, 2018).
This act was officially criminalized in the year 1964 with the enactment of the Civil
Rights Act of 1964 (Howald ET AL…, 2018). According to the law, the harasser can be sued for
the offense whether he/she is the supervisor, employer, co-worker, customer or client. Further,
the law stipulates that the victim may be anyone affected by the harassment either directly or

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indirectly through embarrassment. According to the EEOC, Title VII is effective for firms or
organizations including local and state governments who employ 15 or more people.
In the Jackson v. Birmingham Board of Education case in 2005, the Supreme Court ruled
that a punishment that resulted from an employee’s action of reporting a case of sexual
harassment was illegal in line with Title IX. In 2013, lawmakers extended the Reauthorization of
the Violence Against Women Act which would now cover tribal lands Native American women.
Its implication was the protection of reservation victims from non-tribal residents attack. The
new law would also cover immigrants and lesbian individuals (Howald ET AL…, 2018).
More recently, the states have been forced to rethink about sexual regulation laws. This
follows reports of increasing sexual harassment. As a result, more than 125 legislation items have
been presented for discussion across 38 states (Fairygodboss, 2018). Although some have been
rejected and others are pending while others have been approved, this is a clear indication that
governments across the United States are now taking the issue very seriously. The laws being
discussed touch on various aspects such as the provision of resources to fight the vice at the
workplace, sexual harassment involving government employees and training on sexual
harassment (Howald ET AL…, 2018).
Regulations
Sexual harassment regulations put up by the EEOC are based on and implement the
discrimination laws contained in the Federal Regulations (CFR). The regulations are prepared
and presented to the public through Advanced Notice of Proposed Rulemaking (ANPRM) for
comments before the commission votes to approved or reject them. The EEOC outlines various
regulations on controlling the vice. When reporting an incident, one should provide the
commission with both name and contact of the harasser (The U.S. EEOC, 2019). Additionally,

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the aggrieved person is responsible for notifying the commission on any changes in important
contacts for continuous communication as agency deliberates on the report.
The EEOC supports filing a charge on either through email, digital system or physically
presenting the details of the report in any EEOC or its designated representative (The U.S.
EEOC, 2019). Once a charge is filled with the commission, the respondents are served with a
copy of the charge either in person, digitally, or through mail within ten days of the initial filing.
In case a copy of the charge is not provided, the respondent shall be notified within ten days of
the initial filing of the charge.
Policy Guidance
In line with the section 703 (a) (1) Title VII, the law holds that an employer who
discharges an individual or refuses to hire them, discriminates in payment, compensation or
employment terms on the basis of sex, national origin, color or race commits an offense (The
U.S. EEOC, 2019). The commission guided that sexual harassment breaks section 703 of Title
VII. The commission also ruled that unwelcome sexual behavior amounted to sexual harassment.
In this, there are two types of sexual harassment: "hostile environment," and "quid pro quo." It
holds that when individuals are required to submit to sexual advances by the employer or
supervisor as a term for employment, a “quid pro quo” sexual harassment has been committed
(The U.S. EEOC, 2019).
Consideration on whether sexual conduct is u...