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In United States labor law, a hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to illegal discrimination. However, a working environment that is unpleasant and frightening for the victim due to sexual advances that have been denied by the victim, is what constitutes hostile work environment sexual harassment. Common complaints in sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. Small matters, annoyances, and isolated incidents are usually not considered to be statutory violations of the discrimination laws. For a violation to impose liability, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.
Stress management consists of a wide spectrum of techniques and psychotherapies aimed at controlling a person's level of stress, especially chronic stress, usually for the purpose of improving everyday functioning. Stress produces numerous physical and mental symptoms which vary according to each individual's situational factors. These can include a decline in physical health, such as headaches, chest pain, fatigue, and sleep problems, as well as depression. The process of stress management is named as one of the keys to a happy and successful life in modern society. Life often delivers numerous demands that can be difficult to handle, but stress management provides a number of ways to manage anxiety and maintain overall well-being.
Jenson v. Eveleth Taconite Co., 130 F.3d 1287, was the first class-action sexual harassment lawsuit in the United States. It was filed in 1988 on behalf of Lois Jenson and other female workers at the Eveleth Taconite mine in Eveleth, Minnesota on the state's northern Mesabi Range, which is part of the Iron Range.
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers, and subordinates. When subordinates participate in bullying this phenomenon is known as upwards bullying. The least visible segment of workplace bullying involves upwards bullying where bullying tactics are manipulated and applied against "the boss," usually for strategically designed outcomes.
Workplace violence, violence in the workplace, or occupational violence refers to violence, usually in the form of physical abuse or threat, that creates a risk to the health and safety of an employee or multiple employees. The National Institute for Occupational Safety and Health defines worker on worker, personal relationship, customer/client, and criminal intent all as categories of violence in the workplace. These four categories are further broken down into three levels: Level one displays early warning signs of violence, Level two is slightly more violent, and level three is significantly violent. Many workplaces have initiated programs and protocols to protect their workers as the Occupational Health Act of 1970 states that employers must provide an environment in which employees are free of harm or harmful conditions.
Power harassment is a form of harassment and workplace bullying in which someone in a position of greater power uses that power to harass or bully a lower-ranking person. It includes a range of behavior from mild irritation and annoyances to serious abuses which can even involve forced activity beyond the boundaries of the job description. Prohibited in some countries, power harassment is considered a form of illegal discrimination and political and psychological abuse. Types of power harassment include physical or psychological attacks, segregation, excessive or demeaning work assignments, and intrusion upon the victim's personal life.
A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of the most important social spaces other than the home, constituting "a central concept for several entities: the worker and [their] family, the employing organization, the customers of the organization, and the society as a whole". The development of new communication technologies has led to the development of the virtual workplace and remote work.
Workplace aggression is a specific type of aggression which occurs in the workplace. Workplace aggression is any type of hostile behavior that occurs in the workplace. It can range from verbal insults and threats to physical violence, and it can occur between coworkers, supervisors, and subordinates. Common examples of workplace aggression include gossiping, bullying, intimidation, sabotage, sexual harassment, and physical violence. These behaviors can have serious consequences, including reduced productivity, increased stress, and decreased morale.
Workplace deviance, in group psychology, may be described as the deliberate desire to cause harm to an organization – more specifically, a workplace. The concept has become an instrumental component in the field of organizational communication. More accurately, it can be seen as "voluntary behavior that violates institutionalized norms and in doing so threatens the well-being of the organization".
Occupational stress is psychological stress related to one's job. Occupational stress refers to a chronic condition. Occupational stress can be managed by understanding what the stressful conditions at work are and taking steps to remediate those conditions. Occupational stress can occur when workers do not feel supported by supervisors or coworkers, feel as if they have little control over the work they perform, or find that their efforts on the job are incommensurate with the job's rewards. Occupational stress is a concern for both employees and employers because stressful job conditions are related to employees' emotional well-being, physical health, and job performance. The World Health Organization and the International Labour Organization conducted a study. The results showed that exposure to long working hours, operates through increased psycho-social occupational stress. It is the occupational risk factor with the largest attributable burden of disease, according to these official estimates causing an estimated 745,000 workers to die from ischemic heart disease and stroke events in 2016.
Emotions in the workplace play a large role in how an entire organization communicates within itself and to the outside world. "Events at work have real emotional impact on participants. The consequences of emotional states in the workplace, both behaviors and attitudes, have substantial significance for individuals, groups, and society". "Positive emotions in the workplace help employees obtain favorable outcomes including achievement, job enrichment and higher quality social context". "Negative emotions, such as fear, anger, stress, hostility, sadness, and guilt, however increase the predictability of workplace deviance,", and how the outside world views the organization.
Workplace incivility has been defined as low-intensity deviant behavior with ambiguous intent to harm the target. Uncivil behaviors are characteristically rude and discourteous, displaying a lack of regard for others. The authors hypothesize there is an "incivility spiral" in the workplace made worse by "asymmetric global interaction".
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
Positive psychology is defined as a method of building on what is good and what is already working instead of attempting to stimulate improvement by focusing on the weak links in an individual, a group, or in this case, a company. Implementing positive psychology in the workplace means creating an environment that is more enjoyable, productive, and values individual employees. This also means creating a work schedule that does not lead to emotional and physical distress.
Faragher v. City of Boca Raton, 524 U.S. 775 (1998), is a US labor law case of the United States Supreme Court in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
The Sexual Harassment of Women at Workplace Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India. It was reported by the International Labour Organization that very few Indian employers were compliant to this statute. Most Indian employers have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it. According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act, 2013. The government has threatened to take stern action against employers who fail to comply with this law.
Vishaka and Ors. v. State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. The petition was filed after Bhanwari Devi, a social worker in Rajasthan, was brutally gang raped for stopping a child marriage.
A psychosocial hazard or work stressor is any occupational hazard related to the way work is designed, organized and managed, as well as the economic and social contexts of work. Unlike the other three categories of occupational hazard, they do not arise from a physical substance, object, or hazardous energy.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
References
- 1 2 Wijewardena, Nilupama, Hartel, Charmine E. J., and Samaratunge, Ramanie. "A laugh a day is sure to keep the blues away: managers' use of humor and the construction and destruction of employees' resilience." In Wilfred J. Zerbe, Charmine E. J. Härtel and Neal M. Ashkanasy, eds., Emotions and Organizational Dynamism (Emerald Group Publishing, 2010), ISBN 978-0857241771, pp. 259-278. Excerpts available at Google Books.
- ↑ Stephanie Dolgoff, "Funny business: why workplace teams that share laughs do better and more profitable work. (Yup, office yuks have been studied!)." [ dead link ] SUCCESS , May 1, 2012.
- ↑ Karen E. Klein, "Humor in the Workplace", Bloomberg Businessweek , November 5, 2007.
- ↑ Ford, T. E., & Fitzgerald, C. M. "Sexist humor in the workplace: A case of subtle harassment." In Jerald Greenberg (Ed.), Insidious Workplace Behavior (Routledge, 2010), ISBN 978-1848728585, pp. 175-206. Excerpts available at Google Books.
- 1 2 T. Shawn Taylor, "Political correctness (and lawsuits) make workplace humor serious issue." Chicago Tribune , April 26, 2002.
- ↑ David Schaefer, "Ombudsman Is Fired -- County Council Says Krull Engaged In `Misconduct'" Seattle Times , October 22, 1996.
- ↑ Tom McGlynn, "Mike Kelley: Laughing at Deadlines", Artwrit, Winter 2012.
- ↑ "Mike Kelley, Three Projects: Half a Man, From My Institution to Yours, and Pay for Your Pleasure" Archived 2013-05-12 at the Wayback Machine , Renaissance Society, May 1988.