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Workplace Harassment | Law Offices of Wyatt & Associates PLLC
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Workplace harassment is a disparaging or threatening behavior directed at an individual worker or group of workers

Recently, harassment issues in the workplace have attracted practitioners and researchers as this is one of the most sensitive parts of effective workplace management. In Asian countries, it attracted much attention from researchers and government since the 1980s, because significant sources of work stress are associated with aggressive behavior in the workplace. Third world countries are far behind Asian countries because of limited efforts to investigate questions about harassment in the workplace. Almost invisible and the executive leaders (managers) are almost reluctant or unconscious about it in third world countries. Under occupational health and safety laws around the world, workplace harassment and workplace bullying are identified as core psychosocial hazards.


Video Workplace harassment



Definisi

Harassment in the workplace is also known by many other names. "Mobbing", "workplace oppression", "workplace abuse", "workplace aggression", "workplace abuse" and "workplace abuse" are all identical or belong to the category of harassment in the workplace. Workplace harassment involves various types of discrimination and unlawful acts that are not limited to one particular group. Extensive types of harassment in the workplace can be categorized into emotional and physical abuse. All forms of harassment in the workplace target a wide range of groups, including women, racial minorities, homosexuals, people with disabilities and immigrants. Essentially, harassment in the workplace requires pluralistic understanding, because it can not be described in a coherent and concrete definition.

Recognizing the difficulty of formulating a universal definition of harassment in the workplace, Ezer broadly defines workplace harassment as "irrational repetitive behavior toward an employee or group of employees, representing health and safety risks.Any discriminatory or systematic offensive that harms employees is considered harassment at work Harassment in the workplace can cause physical and emotional health damage.

According to Rosa Brook, the concept of harassment in the workplace is based on two premises. First, regardless of gender, race, sexuality or other defining characteristics, everyone should be entitled to "be free from harsh treatment at work". With freedom from harassment granted as a basic human right, any form of discomfort or discrimination in the workplace is labeled as an act of harassment. Second, problems caused by harassment in the workplace affect the victim in a dangerous way. Discrimination in the workplace deters the victims from successful progress in their careers, limiting the ability of victims.

A common misconception about workplace harassment is that harassment in the workplace is simply sexual harassment in the workplace context. While sexual harassment is a prominent form of harassment in the workplace, the US Department of Labor defines harassment in the workplace as more than sexual harassment. "This may involve harassment of 'quid pro quo', which occurs in cases where decisions or treatment of work are based on the submission or rejection of undesirable behavior, usually sexual behavior.Other harassment may also consist of offensive action based on one or more of the above protected groups that are so severe or pervasive that it creates an inhospitable or offensive work environment or when it results in adverse employment decisions (such as being fired or demoted). "Thus, harassment in the workplace is a larger category that includes sexual harassment.

Maps Workplace harassment



In the United States

Type

The very different harassment imposed on the victim can be categorized into two different types, physical abuse and emotional abuse. Physical abuse refers to sexual violence and violence to the body, while emotional abuse refers to imposing stress and oppression. Anderson and Militello found that often managers who exhibited harassing behaviors were allowed to keep their jobs because their behavior seemed to increase productivity in the short run. A study conducted by Kathleen D. Ryan and Daniel K Oestereich, Driving Out of Work Fears, found that many of these behaviors can range from subtle emotional cues to external physical threats and may include; silence, direct humiliation and even an outburst of anger. Whether this action is intentional or caused by stress, the results can cause employees to feel humiliated, isolated and can cause them to attack others.

Physical harassment

Physical abuse in the workplace has many forms. Sexual harassment is one of the most widely known forms of physical abuse. Sexual harassment in the workplace has gained media and academic attention especially in the 90s after a series of notorious sex scandals. "Among the most notable were the 1991 congressional hearing of the alleged sexual abuse of Anita Hill by Clarence Thomas, the candidate to the Supreme Court, the sexual assault on female officers at a party during the 1991 Navy fighter pilot's convention, the dismissal of Air Force pilot Kelly Flinn for adultery in 1997, the 1998 trial and the release of the top-ranking army demanded the man on sexual harassment charges, and an independent lawyer's inquiry into President Clinton's sexual affairs with subordinates. "With the cessation of this sex scandal, the media and scholars have focused on developing more studies about sexual harassment at work. Sexual assault becomes difficult to define, since the difference between sexual harassment and consensual sexual behavior is not well described. Some jobs require higher tolerance for sexual behavior, such as waiters and tour guides. More specifically, employers for this work expect workers to adhere to the level of sexual interaction that workers will have with customers. Unquestioned expectations from these entrepreneurs then encourage workers to see only two options. Workers should receive sexual harassment from customers as "part of the job", or report sexual harassment to the manager and be fired. Adding pressure, reporting sexual assaults comes with critics from co-workers, as they see sexual assault as part of job requirements.

The prevalence of sexual harassment in the workplace is high. For example, a study by the US Board of Systems Protection in 1981 showed that among female government employees, 33 percent had sexual comments, 26 percent had undesirable physical touch, and 15 percent were depressed for a date. In addition, "Nearly 10% is directly suppressed for sexual cooperation, and the same percentage describes repeated phone calls and unwanted letters or notes." In addition to this example, Fitzgerald stated that "the magnitude of these numbers is difficult to understand, showing that they are doing almost millions of women subjected to experiences ranging from humiliation to assault - many ongoing or recurring - as the price of earning a living."

Another form of physical abuse in the workplace is violence in the workplace. Workplace violence is defined as physical threats and targeted attacks on employees. There are two main actors for violence in the workplace: criminals who are approached as clients, and co-workers. The criminals expressed violence through robbery and murder, and the rate of homicide in the workplace has increased significantly over the last 20 years. According to the National Institute for Occupational Safety and Health (NIOSH), 9,937 murders occurred in the 1980-1992 period, which averaged about 800 murders per year. "In 1989, murder was the third leading cause of death in the workplace for all employees.In 1993, murder has been a leading cause of second death at work for all employees and has been a leading cause of death for women." Most of these killings were perpetrated by criminals, because the Bureau of Labor Statistics found that only 59 out of 1,063 are co-workers relating to murder, and the rest are made by criminals.

Workplace violence committed by co-workers tends to be less clear. The Northwestern National Life (1993) study showed 15 percent of respondents had physical attacks at work, and 14 percent of respondents reported being physically assaulted in the past 12 months. Acts of violence in the workplace consist of encouraging or encouraging, fighting, and rape. The SHRM study interviewed 1,016 human resources professionals, "22% reported inciting or encouraging incidents, 13% reported boxing fights, and 1% reported rape or sexual harassment." Much of the physical violence to workers is preceded by physiological aggression, suggesting that emotional abuse can be a cause of violence in the workplace.

Emotional abuse

Unlike physical abuse, emotional harassment is less conspicuous and is also considered more socially acceptable. Naturally, emotional abuse in the workplace receives less attention than physical abuse at work, which perpetuates the problem of emotional abuse in the workplace. According to Keashly, emotional abuse can be defined as "hostile verbal and nonverbal behavior that is not explicitly related to sexual or racial content but is directed towards obtaining compliance from others." In short, emotional abuse is the manipulation of people's actions through social behavior.

One of the common forms of emotional abuse in the workplace is bullying. Also known as mobbing, bullying in the workplace "is a long-lasting and escalating conflict with a systematic, often disruptive action targeted at the target person." Special actions of workplace oppression include the following: false accusations of mistakes and errors, hostile gazes and other non-verbal behaviors that intimidate, shout, yell, and scream, isolate and "silence", withholding the resources and information necessary to the job, behind sabotage and defamation, excessive use of cessation, humiliation, and criticism, and unreasonably heavy work demands designed to ensure failure. The 2014 Workplace Bullying Institute/Zogby national survey showed that 27 percent had experienced intimidation in the workplace in the past, and seven percent of employees currently suffer from workplace placers. In addition, "more than 97% of nurse managers report abuse, while 60% of retail industry workers, 23% faculty and university staff, and 53% of business school students report abuse at work." Industrial areas where emotional abuse occurs are not limited to one, but rather range from hospitals, universities, manufacturing plants, research industries, and social service agencies.

With the frequency of bullying in the workplace into different groups of people, many theories exist in discussing the causes of bullying in the workplace. One side believes that the target of bullying is actually responsible for bullying. More specifically, some physicians and psychologists link the causes of bullying in the workplace to the mental disorders of targeted employees, such as generalized anxiety disorder, rather than work situations. The opposite argument holds that the cause of bullying in the workplace lies in organizational problems and poor leadership skills. Another argument states that bullying in the workplace is a multi-causal phenomenon, because different factors can play their respective roles in building tension. Despite many of these arguments, Zapf discusses that the academic analysis of the causes is difficult. Getting the perspective of the perpetrators and potential observers is unrealistic, and therefore the study focuses primarily on interviewing the victim.

Victim

Victims of harassment in the workplace can be separated into three categories, by sex, sexuality, and race. While one group experiences harassment in the workplace more often than others, workplace harassment still affects the various populations.

Gender

Both men and women are victims of harassment at work. Workplace harassment for women begins since the first female robbery into the workforce, as early as colonial times. The most common form of workplace harassment women face is sexual harassment. According to Fitzgerald, one of two women experiences abuse at work in their work or academic life. The most common forms of sexual harassment are unwanted and unavoidable sexual concerns of co-workers. A study of government officials shows that unavoidable and unpleasant sexual concerns take on varied forms. 33% of respondents have been summoned with sexual claims, 26% of respondents face physical touch, and 15% of respondents are pressured to go on dates. More explicit forms of sexual abuse are demonstrated by court cases, such as Meritor v. Vinson (1986), Robinson v. Jacksonville Shipyards (1991), and others. In Meritor v. Vinson, "Michele Vinson, an employee of the Meritor Saving Bank, was forced to have sex with his boss between 40 and 50 times." The boss harassed her by stroking her in public, following her to the bathroom, and often raping her. In Robinson v. Jacksonville Shipyards, Robinson asks to place pornographic material at the Jacksonville Shipyard workplace. Pornographic material includes a "pinup showing a meat spatula pressing on a woman's pubic area and the other showing a naked woman holding a whip."

While workplace harassment of women has been the subject of frequent studies for over 20 years, workplace harassment of men has rarely received attention and has not been the subject of much research. However, the Bureau of Justice Statistics shows that "among the people who were victims while working or on duty, male victims outnumbered women by about 2 to 1." Men experience less sexual harassment in the workplace than women, as only 16.7% of men report sexual rape/harassment, but men face more violence in the workplace. 72% of men were robbed in their workplace, 74.4% of men suffered aggravated attacks, and 66.1% of men experienced simple attacks.

Sexuality

Williams Institute's 2011 study shows that "In the American workforce, over eight million people (or 4 percent of the US workforce) identify as lesbian, gay, bisexual, or transgender (LGBT)." Nevertheless, LGBT groups have faced constant discrimination and harassment in the workplace, as demonstrated by court cases and historic events. One common form of workplace harassment for the LGBT community is the psychological and physical tension in hiding their sexuality in heterosexual workplace environments. Another form of harassment in the workplace is direct harassment from the public after disclosing one's sexuality. Because an LGBT has explicit verbal attacks, physical violence, and hate crimes after expressing sexuality, the LGBT community is more likely to conceal its sexuality in the workplace.

Race

Much research has shown that culturally stigmatized groups encounter more harassment in the workplace. With changes in the political and social scene in America, subtle and daily harassment is more common than explicit and explicit abuse today. A study by Deitch, Barsky, Butz and et al. shows that black Americans face more persecution at work than white Americans. Persecution and harassment do not explicitly "refer to race or discrimination as a cause of treatment", because racism is openly prohibited in the workplace. However, statistics show the race is "significantly related to the persecution" and that black Americans generally report significantly more "mild and pervasive abuse and work injustice." The study shows discrimination and harassment can intensify for Black Americans in jobs with fewer people of the same race, such as "token" Black or "solo" employees. In addition, not only blacks, but also Asian Americans, and other minority races, all face "higher murder rates than their labor proportions." Of the eight labor force that are homicidal, more than a quarter of the population are ethnic minorities.

Impact

Alcoholism

The intensity of harassment in the workplace is positively correlated with the level of alcohol use. One of the motives people drank was "to treat the distressed feelings resulting from troubled social conditions". Thus, the negative social pressures encountered in the workplace are associated with increased consumption of alcohol. Moreover, since harassment in the workplace can not be clearly described as sexual or racial abuse, victims can not be hindered by legal and institutional responses. Instead, they rely on drinking to cope with emotional distress.

The 2002 Nolen-Hoeksema and Harrell study shows that while women and men are at risk of alcoholism under workplace harassment, men are more likely to cope with drinking than women, as women use relatively wider social connections to achieve emotional support. However, a 2004 survey of random samples of employees at heavy equipment assembly plants shows that women are more sensitive and accept harassment in the workplace, and therefore women have a "greater tendency to drink". Negative drinking effects are more severe for women than for men.

A mail survey completed at four time points by a group of 1654 employees has shown that a positive correlation between drinking and workplace harassment rates continues after retirement. Even when direct pressure is not present, the victim still maintains an increased use of alcohol. This study attributes the reason for the long-term effect is that "proper alcohol consumption may serve to somewhat inhibit stress-induced distress self-medication during occupational occupational roles".

PTSD

PTSD is commonly known as a "war wound", but it also affects workers, "when a worker suffers from PTSD, the workplace for that person has become a war zone". Several studies have shown that many victims of workplace harassment experience Post-Traumatic Stress Disorder (PTSD). For example, a study that interviewed about 100 victims of abuse at work showed that "the majority of respondents exceeded the recommended threshold value indicates PTSD". This study also shows that based on duration and persistence of harassment in the workplace, the PTSD level is different. The more frequent harassment in the workplace, the worse their PTSD symptoms.

A study by Mikklesen and Einarsen also reported that 76 percent of respondents had PTSD. However, Mikklesen and Einarsen qualify the idea that workplace harassment leads directly to PTSD. They argue that the cause of the PTSD symptom of the victim is mainly due to other traumatic events rather than the harassment in the workplace itself. Therefore, the study concludes "exposure to other traumatic life events can increase victims' vulnerability" to their sensitivity to workplace harassment.

Other psychological effects

In addition to alcoholism and PTSD, victims of harassment in the workplace also experience other negative psychological effects. Analysis of self-reported health symptoms, and physiological stress reactivity of 437 employees showed that compared to employees who have not been harassed in the workplace, experienced employees showed higher levels of anxiety and anxiety. Another survey of 156 victims of abuse at work showed that 79.4 percent of respondents were suffering from stress, 64.7 percent of depressive symptoms, 64 percent from fatigue, 59 percent from lack of confidence, 58 percent from humiliation and guilt, and 58 percent of nightmares.

Prevention

Title VII

The Title VII of the Civil Rights Act of 1964 is used as a tool to remove harassment in the workplace. Title VII contains the following list of employer actions that violate the law:

(1) to fail or refuse to rent or to release an individual, or otherwise to discriminate against any individual in respect of his or her compensation, terms, conditions or privileges of work, because of race, color, individual, religion, sex , or national origin, or (2) to restrict, segregate, or classify his or her employees' discrimination on the basis of race, color, religion, sex and national origin... in any way that would remove... every individual employment or otherwise affect [him or] his status as an employee, because of race, color, religion, sex, or national origin. "

"Most courts consider it consistent with the intent of Congress to interpret the Law freely, and therefore, the coverage under Title VII is vast." This allows victims of harassment in the workplace to mainly use Title VII to affirm their legal action. In addition, the Commission on Cooperation Opportunities (EEOC), a government committee that prohibits discrimination at work, manages practices and violations of Title VII. It issues and alters the "Guidelines on Sex Discrimination", a more specific interpretation of Title VII.

Court case

Meritor vs. Banks. Vinson

While an employee with Meritor Saving Bank, Mechelle Vinson claims that she has been sexually harassed and raped by bank vice president, Sidney Taylor, for four years starting her first day of work. However, he did not speak to Taylor or higher authorities, because he was afraid of dismissal. Meritor's case of the Savings vs Vinson Bank decides that a hostile environment is considered a violation of Title VII. This decision "legitimizes this jurisdiction to complainants and, for the first time, gives employers notice that unwanted sexual behavior will not be tolerated in the workplace." The court case also adds that the violation of Title VII does not have to be "real" and "economical".

Robinson v. Jacksonville Shipyards, Inc.

Robinson, as one of several female employees at the Jacksonville Shipyard, filed a sexual harassment report against Jacksonville Shipyard. He insists that all the pornographic images and statements bother him. This case received high media attention, as the ACLU Florida and the ACLU of the Women's Rights Project defended various parties. The ACLU of Florida mainly holds the principles of free speech, whereas on the contrary, the ACLU Women's Rights Project addresses the principle of equality. They openly disagree and point out "disputes among civil libertarians about how to apply the principles of equality and equality to the facts at issue in cases of sexual harassment in the workplace." District Courts upheld the ACLU Women's Rights Project side, such as "The District Court did not conduct a proper investigation in determining the obligations.Instead, the District Court departed from the false assumption that expression can be a harassment simply because an employee finds offensive."

Study finds 75 percent of workplace harassment victims experienced ...
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See also


MISCONCEPTIONS REGARDING THESE 13 “DEFENSES” TO WORKPLACE ...
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Further reading

  • Boland, Mary L. (2005). Sexual harassment at work . SphinxLegal. ISBNÃ, 9781572485273 Ã, Preview.
  • Einarsen, StÃÆ'  ¥ le; Hoel, Helge; Zapf, Dieter; Cooper, Cary (2010). Workplace oppression and harassment: the development of theory, research, and practice (2nd ed.). Press CRC. ISBNÃ, 9781439804902 Ã, Preview.
  • Nielsen, Morten Birkeland; Tangen, Nada; Idsoe, Thormod; Matthiesen, Stig Berge; MagerÃÆ'¸y, Nils (March-April 2015). "Post-traumatic stress disorder as a consequence of bullying in the workplace and at school.Literature review and meta-analysis". Aggression and Violent Behavior . Elsevier. 21 : 17-24. doi: 10.1016/j.avb.2015.01.001.

Steps for Reducing Workplace Harassment in 2018 - SynergySynergy
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References

Source of the article : Wikipedia

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