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.     

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.     

The legal history of work-related sexual harassment and implications for employers

Over the years, the courts have come to consider sexual harassment as a kind of sex discrimination under Title VII of the Civil Rights Act of 1964. Employers are held liable for sexual harassment, and have an affirmative action obligation to eliminate sexual harassment from the workplace. The courts and the EEOC Guidelines have defined sexual harassment as tangible employment consequences or behavior that creates a hostile or offensive working environment. Employers can limit their liability by creating a system to detect sexual harassment and to remedy it promptly. Suggestions to wards developing a strong policy to eliminate sexual harassment from the workplace are given.     

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.     

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 Paramour’s Advantage: Sexual Favoritism and Permissibly Unfair Discrimination

Despite the prevalence of sexual favoritism in the workplace, there is much debate over whether this phenomenon rises to the level of prohibited discrimination and harassment. While the United States Supreme Court has not yet involved itself in adjudicating issues of sexual favoritism, the Equal Employment Opportunity Commission, however, has issued guidelines. The California Supreme Court recently addressed the “sexual favoritism as sexual harassment/discrimination” issue and, absent better guidance from the federal courts, the California decision provides interesting insights for the legal and business communities. This article explores key issues involving workplace romances, sexual favoritism, and Title VII’s prohibition of sexual harassment as an illegal form of discrimination based on sex. We use the recent California Supreme Court decision in Miller to illustrate the legal and managerial challenges facing policy makers and management practitioners. We conclude with a discussion of policy alternatives for creating a discrimination- and harassment-free workplace while effectively managing workplace romances and instances of sexual favoritism.

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.     

育龄妇女职场性权益保护的研讨

当前,职场性骚扰问题已经受到各界的普遍关注,保护职场育龄妇女性权益势在必行。本文从理论与法律上对性骚扰进行了分析,最后提出了育龄妇女在职场面对性骚扰时应采取的对策与证据。     

Sexual harassment in organizations

Sexual harassment is now recognized as a potential problem for most organizations. The purpose of this paper is to provide an introduction to the various aspects of sexual harassment as a problem: its definition (including both the economic injury and hostile environment types of harassment), its characteristics, and a discussion of how to deal with such problems in the workplace. Organizations are encouraged to act affirmatively by (1) establishing a policy prohibiting sexual harassment in the organization; (2) establishing and making employees aware of a grievance procedure for sexual harassment complaints; and (3) educating employees about the problem of sexual harassment through a combination of awareness and experiential training techniques.     

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.     

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.     

Legal Protection From Discrimination Based on Sexual Orientation: Findings From Litigation

Since 1964 with the enactment of Title VII of the Civil Rights Act, the courts have held that although Title VII prohibits discrimination because of sex, sex has been construed to mean gender, but gender and sexual orientation are different. Traditionally sexual discrimination has been interpreted to protect women in male/female encounters. Thus protection for homosexuals based on sexual orientation has not been covered. However, there are some interesting aspects to the concept of discrimination due to sexual orientation, including defining same-sex harassment as being harassment, equal opportunity harassment, and sexual stereotypes. In addition, how homosexuals may be protected under state laws, unions, company policy, and the constitution is discussed as well as protection for public sector employees. An analysis of 98 litigated cases alleging discrimination based on same sex or sexual orientation harassment led to the development of a logit model predicting future case outcomes based on case characteristics. These are type of harassment, physical contact, type of employees, and whether there was equal opportunity harassment. Implications from the study are that the issues of protection from discrimination are complex and one cannot necessarily assume that this type of discrimination is not protected. Recommendations for more effective managerial actions are provided.     

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.     

Parsing Work Environments Along the Dimensions of Sexual and Non-Sexual Harassment: Drawing Lines in Office Sand

Laws addressing harassment at work have evolved considerably since court systems first recognized that (sexual) harassment is illegal. Now, managers must worry about protected classes other than sex (e.g., race, age, etc.), and the effects of harassment on bystanders as well as victims (i.e., ambient harassment). Understanding these newer conceptualizations of workplace harassment is critical for mangers dealing with an increasingly complex array of possible work environments, only some of which are illegal. Toward this end, we present a taxonomy of eight possible work environments, created by parsing the legal definition of sexual harassment (i.e., the first-recognized type of hostile work environment). The taxonomy illustrates the evolution of law in this area, and highlights the multidimensional nature of workplace harassment. Also discussed are potential complications arising from how a reasonable person and a victim might interpret behavior. Managers using the taxonomy may better assess whether their work environments have crossed the line, or facilitate movement from less- to more-desirable work environments.

Gender Harassment and Negative Mental Health: What Labor Unions Can Do To Help Union Women

Few studies on sexual harassment and mental health have examined the stress-buffering question for union women. Our study examined the moderating effect of two perceptual moderators—perceived union tolerance for sexual harassment and perceived union support—as they relate to harassment and mental health with the intent of identifying conditions under which the toxicity of harassment is reduced. Our conceptualization of social support as a coping resource in conjunction with interpersonal support as a preferred coping strategy was used to explain reduced toxicity under conditions of low perceived union tolerance for harassment and high perceived union support in a sample of 150 women from multiple unions. Implications for future research and union policy and practice on harassment are discussed.     

A descriptive study of behavioral responses of sexual harassment targets: Implications for control theory

The problem of sexual harassment in the workplace can be viewed within the framework of personal control. In particular, sexual harassment can be viewed as an infringement upon employees' rights to control the conditions under which they work. Targets of harassment must tolerate sexual harassment to avoid negative consequences such as termination, demotion, distasteful remarks or jokes, and so forth. Previous research (Wortman & Brehm, 1975; Greenberger & Strasser, 1986) into personal control has drawn upon two theories—reactance theory and learned helplessness theory—to explain behavioral responses to infringement upon personal control. The purpose of this study is to investigate the efficacy of personal control theories in explaining responses of targets who file discrimination suits.     

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.     

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.     

Addressing the Growing Inadequacies of the <Emphasis Type="Italic">Ellerth</Emphasis>/<Emphasis Type="Italic">Faragher</Emphasis> Affirmative Defense: Fashioning a Sensible and Feasible Solution

Public policy seeks an equitable balance between the rights and duties of both employers and employees in creating a workplace free of sexual harassment. This goal is particularly difficult to achieve when supervisors create a hostile work environment. The U.S. Supreme Courts decisions in Ellerth and Faragher created an affirmative defense against vicarious liability for employers, but subsequent applications of these rulings have been inconsistent and problematic. Courts and legislators need to (1) choose the appropriate standard of employer liability for sexual harassment committed by supervisors, and (2) decide what, if any, defenses are available to employers when employees bring claims of sexual harassment. We conclude that holding employers strictly liable while allowing for the limitation of damages based on avoidable consequences, as recently adopted by the California Supreme Court in McGinnis, is preferable to other liability standards and defenses.