1
Sexual Harassment in the Workplace
Presented to
Karen Saltiel
Course Number & Course Name
By
Lauren McCalla
March 27, 2018
2
Sexual Harassment in the Workplace
In recent months, the topic of sexual harassment in the work place has taken center stage
both in the news and across social media. From well-respected Hollywood executives to high
profile nightly news anchors, nobody appears to be safe from public scrutiny when it comes to
allegations of sexual harassment within the workplace. To be sure, it is in the interest of any
organization in the business of employing others to be aware of factors that constitute sexual
harassment, best practices to follow to prevent sexual harassment, and processes to implement
when an allegation of sexual harassment is waged toward another within the workplace.
Awareness, coupled with the implementation of sound protocols for prevention, lay the
groundwork necessary for proactive prevent of allegations of sexual harassment in the first place.
Though heightened media attention has worked to bring such a controversial issue to
light, the topic of sexual harassment is hardly new. However, obtaining a complete
understanding of the nature of sexual harassment depends on first understanding its definition.
The United States Office for Equal Employment (EEOC) defines sexual harassment as, “sexual
advances that are unwelcomed, requests for sexual favors, and other verbal or physical
harassment of a sexual nature.” (EEOC.gov).
While some may argue the definition of sexual harassment leaves certain areas open to a
broad array of circumstances, such areas and circumstances may be explained by understanding
its origins. In her work with defining sexual harassment for Yale Law, Siegel points out that
United States constitutional law first recognized sexual harassment as a form of sex
discrimination in 1980 (1). As such, defining sexual harassment as a form of sex discrimination,
employees within an organization received protection from sexual harassment under the 14th
Amendment to the United States Constitution (Siegel 1). For centuries prior to the addition of
3
the freedom from sex discrimination as a constitutionally protected right, sexual harassment
occurred freely and frequently without much thought given by the harasser. In fact, Siegel
describes sexual harassment as a “social practice” deeply rooted in history (3). A prime example
of such history dates to the 19th century African-American slave trade in which enslaved African
women were forced to have sexual relations with their owners (Siegel 3). Though this is one
example, it is important to point out that “free” women during this period also faced unwelcomed
advances and verbal comments frequently from the heads of households in which they were
employed (Siegel 3). Siegel goes on to suggest that many women during this period, endured
unwelcomed pregnancies as well as tarnished reputations that many members of society blamed
upon the women themselves (4).
While social practices with regard to sexual harassment have certainly evolved, it is
important to note that the call for social reform began are a result of the sexual abuses of women
during the 19th century antebellum period (Siegel 5). In fact, Siegel suggests that activists known
as abolitionists were instrumental in bringing to light the injustices faced by victims of sexual
harassment and exploitation (5). Even so, it was not until the second half of the 20th century that
sexual discrimination became unlawful under the Civil Rights Act of 1964. And it would be
another sixteen years (1980) before the EEOC would define sexual harassment as a violation
one’s civil rights as outlined in the Civil Rights Act of 1964 (Siegel 7).
Compared to its historical roots, one could argue that protections against sexual
harassment in the workplace is a rather recent movement. With less than forty years as a
protected civil right, it is important to understand the types of sexual harassment that can occur
within the workplace. According to the Society for Human Resource Management, there are two
types of sexual harassment in the workplace: “quid pro quo” and “hostile work environment”
4
(shrm.org). Quid pro quo translates into the meaning of “this for that” and in the context of
sexual harassment suggests that if one provides sexual favors, they will receive certain
workplace favors in exchange (shrm.org). An example of this could come in the form of a boss
or manager promising an employee a raise or promotion in exchange for a sexual favor.
According to the Society for Human Resources Management, other types of quid pro quo sexual
harassment can include the threat of being fired for refusing to provide sexual favors (shrm.org).
Both examples illustrate the fact that with quid pro quo harassment, something is either gained or
lost by the employee, either for agreeing or refusing to engage in sexual favors.
On the other hand, quid pro quo is not the only type of sexual harassment described by
the Society for Human Resource Management. The other, often more common form of sexual
harassment, comes in the form of sexually explicit or demeaning comments or behavior that is
