Sexually Harassing Conversation in Order Term Paper

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Keehan invited the plaintiff and another employee to lunch one month after her transfer. Thomas reported that Keehan became very intoxicated at lunch and began to make comments about Thomas' appearance. He specifically asked Thomas why she was not wearing a short skirt, stating, "I gave you a clothing allowance and I expect to see some short skirts" He reportedly also suggested that Thomas remove her suit coat so he could observe her figure more closely.

As previously noted, sexually harassing conversations are not limited only to females. In the case EEOC vs. Carmike Cinemas, it was charged that there was a sexually hostile work environment created for male teenaged employees who worked at the Raleigh theatre. In this case, the Concessions manager was a 29-year-old male who had served two years in prison for indecent liberties with a minor. In the 9 months he was employed by the Carmike theatres corporation, he supervised seven males who in turn charged the 29-year-old with offensive verbal contact. Although the boys had complained to the Office Manager and the General Manager of the theater but both failed to make any intervention. While the Concession Manager was eventually fired for other reasons, it was only after the police arrested him for failure to register as a sex offender. Ultimately, Carmike Cinemas had to pay $765,000 to the defendants. In addition, the theaters were required to revise standing sexual harassment policies, post an 11 x 17-inch poster summarizing the policy, provide a copy of the policy to all employees. In addition the company will have to provide training related to sexual harassment reporting procedures to all new hires within a certain period of employment and had plan to train all managers and employees annually on the same.

Interestingly, none of these companies appear to have gone so far in their remediation actions as to educate their employees as to how to file an EEOC complaint on sexual harassment.

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This would be one area by which the companies could demonstrate a true dedication to removing sexual harassment from the workplace, rather than cleaning up after something that has already occurred. It should also be noted that the harassed one might not only be the victim, but also one who is witness to the harassment, as was the case in the Mitsubishi situation. Most of the employees appeared to be unable to let the harasser know that the behavior and speech was unwelcome to them, and this is likely an element of the intimidation that is so much a part of sexual harassment. Even when employees used the grievance mechanism that was available for them, they were ignored as was seen in the Home Depot case. Most of the answers and repairs done by the corporations were "after the fact." The EEOC itself suggests that the best tool to control sexually harassing conversation within any environment is to prevent it before it starts. If employers are clear regarding what the harassment policy is, and what steps are to be taken in each case where an allegation is made, then the complaint process can be handles without the element of personality and based upon the facts at hand.

Griffin, Melanie. Sexuality educators are essential to helping people understand sexual harassment. SIECUS Report, Feb/Mar 2000.

Allen, Robin Lee; Gould, Allen; Koteff, Ellen; Martin, Richard; Elan, Elissa; Garber, Amy; Liddle, Alan; Frumkin, Paul; Ruggless, Ron. A matter of education: Workplace required classes as a way to curb sexual harassment. Nation's Restaurant News, Jan 24, 2005.

Schenke, Jarred. High Profile life sciences company NuTec settles sexual harassment case. Atlanta Business Chronicle. June 2002.

EEOC v. Carmike Cinemas, Inc.; No. 5:04-CV-673-BO (1) (E.D.N.C. Sept. 26, 2005)

http://www.eeoc.gov/litigation/settlements/settlement09-05.html

Carr v. Allison Gas Turbine Division 32 Fed. Rep. 3d ser. 1007 (7th Cir. 1994). From "What is….....

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