Institutional strategies for dealing with sexual harassment

Sexual harassment is being recognized as a pervasive and highly visible problem at an institutional level. As a consequence institutions are establishing policies and procedures to address this issue. In view of recent legal decisions, sexual harassment can have negative consequences for the institution as well as the harassee; thus, in some institutions, sexual harassment is viewed as a common problem shared by employers and employees. This article addresses institutional strategies that have proven effective in proactively dealing with sexual harassment in the workplace.     

Protecting the Rights of Alleged Sexual Harassment Perpetrators: Guidance from the Decisions of Labor Arbitrators

Recent evidence indicates that sexual harassment in the workplace continues to pose a problem for organizations. Using published arbitration awards, the current study examines the critical issues involved in discipline decisions of alleged sexual harassment perpetrators. Content analysis of 92 cases enabled the examination of critical judgment factors considered by arbitrators examining the disciplinary penalties imposed by management. Elements of the arbitrator's judgment including the just cause standards, mitigating circumstances, severity of harassment, and length of harassment were examined. The results of the analyses are discussed with an emphasis on the lessons provided for effective management practices.     

Sexual Harassments: Criteria for difining hostile enviorment

Sexual harassment in the workplace continues to be one of the most controversial and complex legal and ethical issues facing empolyers. The U.S. Supreme Court's June 1986 decisiion inMeitor Savings Bank v. Vinson, which applied Title VII of the Civil Reights Act to situations involving sexual harassment, is discussed. The Court's definition of hostile environment is reviwed, and federal court cases interpreting the Supreme Court's pronousncements are examined. The cases provide guidance on the kinds of situations that result in employer liability for sexual harassment. A primanry conclusion is that employers may easily avoid liability by exercising learned judgment and sound management practices.     

How Organizational Policies Influence Bystander Likelihood of Reporting Moderate and Severe Sexual Harassment at Work

Little is known about the causal effect of sexual harassment policies on sexual harassment outcomes at work. Based on schema theories of social cognition, organizational policies related to sexual harassment should have a greater impact on responses to moderate, versus severe, forms of sexual harassment. In Study 1, 219 undergraduate students were shown a fictitious company website describing one of three company policies on sexual harassment (a zero-tolerance policy, a standard harassment policy, or no policy), and were then assigned to read about a moderate or severe instance of sexual harassment they ostensibly observed at the organization. Results indicated participants in the zero-tolerance policy condition were more likely to intend to formally report the harassment to their organization than those in the other conditions. This effect was especially strong for the moderate, or more ambiguous, sexual harassment scenario. Study 2 replicated and extended Study 1 using 101 Human Resources professionals and actual policy statements from an organization. Results again indicated that a zero-tolerance policy leads to the highest estimates of bystander reporting, especially for instances of moderate sexual harassment. Implications for practice include a caution against using minimal or compulsory harassment policies in place of salient zero-tolerance policies.     

Constructive responses to sexual harassment in the workplace

Sexual harassment is a significant problem in the workplace, including the union work environment. A repertoire of positive responses can be called upon to deal with sexual harassment: (1) Complainants can be empowered to become agents of action and to respond effectively, orally or in writing, to sexual harassment. (2) Shuttle diplomacy utilizing a neutral third party can be effective in both stopping harassment and fostering communication between grievant and harasser. (3) Mediation by a neutral third party can provide immediate communication and restoration of a constructive workplace atmosphere. (4) Generic solutions (workshops, seminars, etc.) focus on the problem or on a generalized approach to improve the workplace setting rather than the individual. (5) Establishment of sexual harassment policies or a policy of well-being of staff can establish a supportive institutional framework. (6) As an extension of its sexual harassment or well-being policies, management can convene workshops, seminars, etc. to educate all its constituents. (7) In many organizations, appointment of an Ombudsperson has provided an effective mechanism for dealing with harassment. This ensemble of options can be utilized prior to loding a formal grievance. In many instances, these maneuvers can effectively deal with sexual harassment.     

Keeping the Faith but Losing in Court: Legal Implications of Proselytizing in the Workplace

Proselytizing at work occurs when an employee tries to convince coworkers to change their religions. This presents an interesting set of legal issues, because some employees feel that proselytizing is a requirement of their religion. Therefore, they could perceive a prohibition on proselytizing at work as a discriminatory act against members of their religion. On the other hand, other employees may be offended by attempts to change their religious practices. These employees could perceive workplace proselytizing as religious harassment. Therefore, American employers have to adopt religious harassment policies that are much more complex than their sexual harassment policies. In this paper, we outline the components of a legally compliant religious harassment policy which balances the competing rights of proselytizers and their intended targets.     

An Affirmative Defense to Sexual Harassment by Managers and Supervisors: Analyzing Employer Liability and Protecting Employee Rights in the United States

Sexual harassment in the workplace is a serious worldwide employment problem. In the United States, courts have taken an increasingly expansive view of both employers' obligations and employees' rights in dealing with the issue. Landmark decisions of the U.S. Supreme Court addressing harassment by supervisors have sought to provide further guidance to employers in order to prevent harassment and refine their obligations. Yet despite the Court's efforts, harassment claims brought on by supervisor conduct continue to be a matter of great concern. This article offers a brief overview of U.S. sexual harassment law including its affirmative defense and provides a decision protocol for employers operating in the U.S. to follow in determining whether or not an affirmative defense can be confidently asserted. Finally management practices that respond to legal principles of an affirmative defense to prevent liability and protect employee rights are presented and discussed.     

The Impact of Sexual Harassment Policy in the Dutch Police Force

The aim of the present study was to evaluate the outcome of sexual harassment policy in the Dutch Police Force. Using a survey, sexual harassment was measured in 2000 and again in 2006 and we tested whether sexual harassment is associated with the comprehensiveness of policies. To be able to identify divisions with comprehensive policies, we interviewed 29 key persons in semi-structured interviews. It appeared that between 2000 and 2006 sexual harassment did not decrease: neither for women nor for men. Furthermore, the risk of sexual harassment was not lower in divisions that implemented comprehensive policies than in divisions with less comprehensive policies. The results suggest that sexual harassment is a workplace hazard that is very difficult to prevent in male dominated workplaces and implementing a comprehensive policy is not sufficient to prevent this workplace hazard.     

Retaining Employees Through Anti–Sexual Harassment Practices: Exploring the Mediating Role of Psychological Distress and Employee Engagement

The present study utilized sexual harassment, organizational climate, and engagement theories to articulate a process model of how perceived anti–sexual harassment practices and sexual harassment incidents relate to affective commitment and intentions to stay. The authors hypothesized that perceived anti–sexual harassment practices and sexual harassment incidents would relate to employee engagement, both directly and indirectly through psychological distress. Moreover, psychological distress and employee engagement were hypothesized to mediate the relationships of perceived anti–sexual harassment practices and sexual harassment incidents with affective commitment and intentions to stay. Study findings supported these hypotheses within two subsamples of female (N = 3,283 and 3,207) and male (N = 3,460 and 3,300) military personnel. © 2014 Wiley Periodicals, Inc.     

Breaking the Silence: Creating User-Friendly Sexual Harassment Policies

Numerous surveys suggest that while the number of women in the work force who have experienced sexual harassment is high, the number of those who are willing to actually report incidents of harassment is far lower. To better understand the consequences of sexual harassment to women and the legal implications to the corporation, we discuss briefly the psychophysiological consequences experienced by victims, followed by a review of sexual harassment law. Next we discuss the results of our survey based on a national sample of 1500 working women. Our study examines the reasons underlying women's reluctance to report sexual harassment and identifies policies and procedures to encourage the reporting of sexual harassment. Our findings are discussed in terms of the need for organizations to develop more user-friendly sexual harassment reporting procedures.     

Victims' and observers' perceptions of sexual harassment: implications for employers' legal risk in North America

The way in which victims and observers perceive potentially harassing behaviours and employers' responses to sexual harassment complaints significantly affect organizations' liability risk under sexual harassment law in North America. This article examines studies in the sexual harassment literature that focus on the perceptions of sexual harassment victims and observers, and identifies legal and extra-legal factors that influence their harassment judgments. The implications of research findings for employer liability and future research are discussed.     

A quantitative and qualitative analysis of sexual harassment claims 1995–2005

This article explores the organisational and legal context in which parties involved in claims relating to sexual harassment operate, and presents an analysis of the population of sexual harassment cases heard by Employment Tribunals between 1995 and 2005.     

Sexual harassment as unethical behavior: the role of moral intensity

This article examines sexual harassment phenomena from an ethical perspective. Specifically, it argues that sexual harassment may occur less frequently if actors are encouraged to regard sexually harassing behavior as involving a moral component. Jones' work on moral intensity is used to describe reasons why, given the nature of sexual harassment phenomena, actors often may not recognize the moral aspects of harassing behavior. Finally, the implications of this perspective for the prevention of sexual harassment are discussed.     

Using Hofstede's cultural dimensions to explain sexually harassing behaviours in an international context

It is increasingly evident that sexual harassment concerns in the workplace are not limited by national boundaries. Yet, sexual harassment as a research topic has been studied mostly in the United States. Further, even in the US, very few studies have explored sexual harassment from a cross-cultural perspective. The current paper examines this major gap in the literature and focuses on how cultural dimensions are important and can significantly influence the likelihood to sexually harass in various countries. Specifically, this paper develops a model using Hofstede's cultural dimensions, and conceptualizes these dimensions as key variables in explaining differences in the social-sexual interactions between various countries. It is suggested that varying differences in these dimensions across countries may predict the likelihood of managers sexually harassing in an international and a cross-cultural context.     

Sexual harassment training: Recommendations to address gaps between the practitioner and research literatures

Sexual harassment training is a common human resource activity, and the practitioner literature is replete with advice about how to implement it. Little research, however, has specifically explored what makes sexual harassment training effective. This paper uses what we know from general training research and theory and sexual harassment research to assess the extent to which the practitioner literature is making relevant and reasonable recommendations for sexual harassment training. We identify practitioner‐research gaps in the literature, including areas that academic research and theory suggest are important for training effectiveness but where the practitioner literature falls short. The practitioner literature may be silent, offer incomplete advice, make recommendations that do not directly link to research findings, or present recommendations that are inconsistent with research findings. We recommend that these gaps be bridged and we provide specific suggestions for how human resource managers can improve the quality of the sexual harassment training they provide. © 2009 Wiley Periodicals, Inc.     

Mapping sexual orientation research in management: A review and research agenda

Attitudes, norms, and laws regarding sexual orientation are undergoing a worldwide revolution. Managers and HR professionals play a key role in responding to these changes, and managing issues related to sexual orientation diversity in organizations. As such, the amount of management scholarship on sexual orientation has been rapidly growing to help inform practice. However, at present, the literature is fragmented across management specialty areas. This makes it difficult to have an overview of what has been learned to date, and detect research opportunities. Thus, this article aims to provide the first integrative review of sexual orientation research across the management field over 23 years. We use bibliometric techniques to (a) systematically identify and map 111 topics in this literature (map downloads from: https://bit.ly/SOTopicMap ), (b) identify topic trends and topic citation rates, and (c) derive an inductive taxonomy of major topic clusters. We then identify key theories and relationships in the literature, review key findings for scholars and practitioners, and identify future research directions. Among these, we highlight the need to incorporate sexual orientation as a standard demographic question in management research, and highlight best practices for doing so from other scientific fields.     

Managing Workplace Sexual Harassment: The Role of Manager Training

Sexual harassment remains a persistent problem for businesses. Indeed, employers spend millions annually in sexual harassment litigation and liability costs. Furthermore, current U.S. law effectively makes it management's responsibility to implement programs to prevent and correct harassment, or else face heightened liability. A common element of prevention programs is training, especially for employees in positions of authority. Several states have gone so far as to mandate sexual harassment training. However, little research exists to demonstrate the efficacy of such training programs. It is known that training sensitizes people in recognizing harassment. However, no research has indicated that training enables managers to accurately identify harassment and respond appropriately. This exploratory study addresses this issue by examining whether training quantity (i.e., cumulative training hours), training variety (i.e., the number of training methods employed), and training recency (i.e., the elapsed time since training) predict a manager's ability to (a) accurately identify sexual harassment and (b) recommend an appropriate response. Results suggest that, while training increases sensitivity, training is associated with decreased accuracy in identification of sexual harassment. No relationship was found among the predictor variables and manager accuracy in recommending an appropriate response. Implications concerning these results are offered along with directions for future research.     

The effects of diversity on sexual harassment: Some recommendations for research

This article speculates about some of the possible effects of increasing organizational diversity upon sexual harassment, and suggests some potential research opportunities and directions. Discussion and research recommendations center around the following aspects of sexual harassment: (1) antecedents of harassment; (2) behaviors exhibited; (3) perceptions of behaviors; (4) immediate reactions of harassees; and (5) longer-term individual and organizational outcomes of sexual harassment.     

Sexual harassment: Rights and responsibilities

This article briefly reviews the development of a philosophy about sexual harassment at work and legal protection for victims of harassment. It then focuses on the rights and responsibilities of three groups affected by sexual harassment: the target of harassment, the alleged harasser, and the employing organization. A discussion follows regarding the current status of the rights and responsibilities of the relevant parties as well as opportunities for abuse of rights and abnegation of responsibilities.     

Preventing sexual harassment at work

This article is based on research undertaken on behalf of the European Commission into the nature, extent and consequences of sexual harassment at work. It discusses the definition, occurrence and repercussions of sexual harassment and develops the argument for a European Directive on the Prevention of Sexual Harassment at Work by considering the operation and limitations of existing legal provisions.