Jessee Macapagal

Raza
Wednesday, March 23

The United States of America is the most diverse country in the world. According to the

United States Census Bureau, the total population of the country is 307,006,550, as of 2009.

From April 1, 2000 to July 1, 2009, the population grew 9.1% (Census Bureau). This is a

tremendous amount of change. Of all ethnicities, Whites compose the majority of the

population, with 79.6% (Census Bureau). Persons of Hispanic or Latino origin lead the rest of

the secondary ethnic races with 15.8%. They lead Blacks, American Indian and Alaskan Natives,

Asians, Native Hawaiians, and Pacific Islanders.

A country full of diversity is bound to experience controversies. For example, one of the

biggest issues America faces is sexual harassment. When an individual feels sexually harassed in

the workplace, they must file a complaint with the Equal Employment Opportunity Commission,

or EEOC. The EEOC keeps statistics on the amount of sexual harassment cases filed. In 1997,

there were 15,889 cases of sexual harassment filed (EEOC). Of them, 11.60% were filed by

males. Last year, in 2010, there were 11,717 cases of sexual harassment filed (EEOC). This is

down 26% through 13 years. Of the filed cases, 16.4% were filed by males. This is up 4.8%

through the 13 years. Although the number of complaints filed is in decline, it is still a major

issue many Americans of all ethnicity, race, origin, and gender must face.

A telephone questionnaire issued by Louis Harris and Associates on a sample size of 782

U.S. workers found: 31% of the female workers claimed to be harassed at work and 7% of the

male workers also claimed to be harassed at work. (SHS) Of the combined 38% of both men and

women who claimed to be harassed, only 38% of them took action. This means 62% took no

action at all.
 Jessee Macapagal
Raza
Wednesday, March 23
Having the courage to file a complaint is quite hard. Employees experience feelings of

embarrassment and regret, and even threats. The last thing a person would want to happen is lose

their only source of income, their job. Speaking out always puts their position at a job at risk.

People may also feel intimidated by speaking out on a superior. However, others choose to

ignore the situation.

According to the Equal Employment Opportunity Commission, sexual harassment is

defined as, “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical

conduct of a sexual nature when:

· Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual's employment, or

· Submission to or rejection of such conduct by an individual is used as a basis

for employment decisions affecting such individual, or

· Such conduct has the purpose or effect of unreasonably interfering with an

individual's work performance or creating an intimidating, hostile, or

offensive working environment (UN). According to Mexican Americans and the Law, there are

two kinds of sexual harassment in the workplace: ‘quid pro quo’ and ‘a hostile work

environment’ (49-50). According to the book, quid pro quo is defined as, “occurring when an

employer bases employment decisions (including hiring, firing, promotion, and salary) on sexual

behavior or acts or both, whereas “hostile work environment” harassment occurs when an

employer creates or allows an environment of unwelcome conduct based on sex that is severe or

pervasive enough to alter a person’s working conditions” (50).

In order to help motivate and support an employee to go through with filing a complaint,

the Civil Rights act of 1964 was passed. Under this law, a special section, titled Title VII,
 Jessee Macapagal
Raza
Wednesday, March 23
prohibits discrimination against a persons gender, race, color, national origin, or sex (EEOC Title

7). However, at first this title did not prohibit sexual harassment, such as ‘quid pro quo’. It took

until the mid 1970s-1980s for the United States to include the prohibition of sexual harassment

under Title VII due to the Equal Protection Clause of the Fourteenth Amendment (48).

An important high profiled case concerning sexual harassment in the workplace towards

Mexican and Mexican American women working in a hotel was filed in 1989. It was the Equal

Employment Opportunity Commission vs. Hacienda Hotel. It was about maids challenging and

fighting the sexual harassment and discrimination they faced in the workplace. Ultimately, the

Ninth Circuit ruled in favor with the Mexican women.

The case was brought forward by five current and former Hacienda Hotel maids. They

presented their allegations to the EEOC. The EEOC alleged Hacienda employees, Frank Godoy

(General Manager), Alicia Castro (Head Housekeeper), and William Nusbaum (Chief of

Engineering) engage in unlawful employment practices against female employees of the hotel

(50). The allegations were that the workers sexually harassed the women employees of the hotel

and mistreated them. They went as far as firing employees as they became pregnant. The

employees involved in the lawsuit are Flora Villalobos, Leticia Cardona, and Mercedes Flores.

All three suffered from William Nusbaums lewd, sexual comments and advances. They also

suffered mockery from Alicia Castro as well. All three were terminated due to their pregnancy.

Nusbaum even made a remark to Leticia Cardona telling her she was “too fat to clean hotel

rooms.”

On February 17,1987, the district court concluded that the Hotel Hacienda’s work

practices violated section 703(a) of Title VII in the Civil Rights Act of 1964 (52). The court
 Jessee Macapagal
Raza
Wednesday, March 23
concluded that Hotel Hacienda is fully liable and responsible for the actions of Godoy, Castro,

and Nusbaum.

Although sexual harassment is a serious issue, there are many preventative ways to avoid

becoming a victim or a harasser. One of the best ways to stop sexual harassment is to speak up.

Being afraid to say something will only prolong the situation and make it worse. According to

the International Trade Union Confederation, or ITUC, you should also keep personal records of

the exact time and place where the incident happened. Also, according to Nolo, for an enterprise

to successfully limit and control sexual harassment, the company should clearly define what

sexual harassment is and present their definition to all employees and require all to abide by it.

This way, there will be no confusion as what sexual harassment is and is not. The enterprise

should also teach employees, supervisors, and managers to recognize key characteristics of

sexual harassment so they can prevent it at the earliest stages. To avoid becoming a sexual

harasser, there are also a few helpful guidelines to abide by. One of them is to monitor what you

say. There is also a ‘grandma rule’. The rule suggests that before saying something, you should

ask yourself, ‘Would you say that to your grandma?’ If the answer is no, then it is not appropriate

to say it. If the answer is yes, then under most circumstances, it will be acceptable to say.

In conclusion, sexual harassment is an issue schools, workplaces, and almost every social

setting must face. Under the Civil Rights Act of 1964, Title VII prohibits sexual harassment and

discrimination against gender, race, origin, and sex. Although sexual harassment claims are down

26%, sexual harassment still exists in the workplace. I strongly feel if everyone follows the

‘Grandma Rule’, sexual harassment claims will drastically decrease. It will make work more

enjoyable by all employees and promote an overall safer environment.

 Jessee Macapagal
Raza
Wednesday, March 23
Bibliography

1. Census Bureau http://quickfacts.census.gov/qfd/states/00000.html

2. UN Source http://www.un.org/womenwatch/osagi/pdf/whatissh.pdf

3. Mexican Americans and the Law by Reynaldo Anaya Valencia, Sonia R. Garcia, Henry
Flores, and Jose Roberto Juarez Jr

4. Equal Employment Opportunity Commision http://www.eeoc.gov/laws/statutes/titlevii.cfm

5. International Trade Union Confederation http://docs.google.com/viewer?

a=v&q=cache:plP2uNc7XVsJ:www.ituc-
csi.org/IMG/pdf/Harcelement_ENG_12pgs_BR.pdf+how+to+stop+sexual+harassment+pdf&hl=
en&gl=us&pid=bl&srcid=ADGEESjgBIRK4-
zPZBGkfo5VqIQKbkVgaeTIV6yTNFnBytX4goY4iBjMlxZDW_fH6aOq53s2cuT3F3IWtqUM4
QyTDpBw29VbPJ6w4DsF-
0yt_D9P53NGgcidow7pGY29UYyyAsBDpn2J&sig=AHIEtbSzFNvhsn1DKBkZ-
GBoFhksB4G9XQ

6. Nolo http://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-
29851.html