The sexual harassment allegations against Republican presidential candidate Herman Cain, made during his tenure as CEO of the National Restaurant Association, once again highlights the issue of sexual harassment in the workplace.

Sexual harassment has been a workplace problem for years. Prior to the 1980s, sexual harassment wasn't subject to legal liability. Perpetuators received only a slap on the wrist. However, civil rights activists saw this as discrimination against women at the workplace and contrary to the Equal Employment Opportunity regulations.

The American courts heard the first sexual harassment case in 1976, and in 1986 the U.S. Supreme Court ruled sexual harassment as an illegal form of sexual discrimination. It wasn't until 1991, when the U.S. Senate Judiciary Committee held highly publicized hearings on law professor Anita Hill's charges against Supreme Court nominee Clarence Thomas, that employers and employees began to take sexual harassment seriously as a workplace infringement.

Today, laws make acts of sexual harassment in the American workplace punishable by immediate dismissal and payment of damages to the victims.

However, these laws have attracted stern critics.

One school of thought is that the introduction of sexual harassment laws at the workplace created a hostile environment between female and male employees, especially in companies with large compliments of both genders. Some people insist that the laws make the workplace a battlefield between the sexes. These arguments refer to cases where cordial, even romantic, workplace relationships turned sour and one unfairly accuses the other of making "unwelcome" or "unwarranted" sexual advances. Indeed, there are instances where employees, including managers, have been terminated based on accusations by former romantic partners. This is a major reason why some companies bar romantic relations between employees, especially where one reports to the other.

Another criticism against sexual harassment laws is that the laws overlook cultural diversities in the workplace. For example, male employees originating from the Caribbean tend to be quick to complement or joke with female co-workers on their dress, hairstyle and posture. Such compliments can be construed as sexual harassment, according to U.S. workplace laws (see related story on the front page).

Sexual harassment workplace laws are also criticized for partiality. Sexual offenses in the workplace are often not an offense in broader society. For example, an employee can be guilty of sexual harassment for comments made on how a woman looks. But when he leaves work and tells another woman on the street how "fine" she looks, he is not breaking a law.

Other critics claim that sexual harassment laws are unfairly skewed in favor of women. While the laws may have been made to protect women against workplace harassment and discrimination, and more women have been victims, reports indicate women are not the only victims. Of the 11,717 sexual harassment charges in 2010 in the U.S., 17.6 percent were from men – up from 11.6 percent in 1997.

Despite criticisms, sexual harassment is a serious and costly workplace infringement. Victims of workplace sexual harassment can suffer loss of self esteem, humiliation, psychological injury, and damage to professional reputation. Some victims who win sexual harassment cases still leave the workplace rather than face potential problems because of the claims they made.

Sexual harassment claims cause companies revenue loss, from absenteeism, lower productivity, low employee morale, high turnover, and a damaged public reputation, in addition to the high court costs and damages paid to alleged victims.