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.     

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.     

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.     

Preventing Sexual Harassment: The Effect of Multiple Training Methods

Subjects were presented with multiple training methods to determine their effect on sensitivity to possible sexual harassment situations. The training methods used were case analyses, commercially produced videotape episodes, and an open-ended questionnaire. Subjects were found to be more sensitive to incidents of possible sexual harassment when videotape episodes were combined with case analysis. The pattern of gender differences supported previous research showing perceptual differences in ambiguous cases. Research-based suggestions for sexual harassment training programs are offered.     

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.     

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.     

Post-9/11 Backlash in the Workplace: Employer Liability for Discrimination against Arab- and Muslim- Americans Based on Religion or National Origin

In the wake of the September 11, 2001 terrorist attacks, discrimination and violence directed toward American immigrants in general, and Arab- and Muslim-Americans in particular, increased markedly. Yet, despite a November, 2001 joint initiative undertaken by the EEOC, the Justice Department, and the Labor Department to increase sensitivity to and combat instances of potential discrimination or harassment against individuals who are—or are perceived to be—Muslim, Arab, Afghani, Middle Eastern, or South Asian, EEOC charge statistics for workplace discrimination claims involving religion, ethnicity, national origin, and citizenship indicate that the reported incidence of such conduct has continued to increase. This paper examines recent federal court cases that involve employment discrimination claims by Arab- and Muslim-Americans at both the trial court and appellate court levels to identify problematic fact patterns that may give rise to employer liability and to better understand judicial treatment of the legal issues when such cases are taken up on appeal. Management guidance for reducing potential liability when such situations arise in the workplace is developed based on recent findings in the case law. Analogous international implications are also discussed.     

The Supreme Court Holds Class on Sexual Harassment: How to Avoid a Failing Grade

This article analyzes the three recent sexual harassment cases decided by the U.S. Supreme Court in its 1997–98 session. The purpose is to highlight the most common mistakes made by management as evidenced by the case history on this topic. Each mistake is described in the context of the cases and with reference to widespread business practices. The explanation of each error is followed by a brief practical directive to aid management in formulating appropriate policies and practices on that topic. A concluding section describes the desired result of each recommendation from the perspective of the employees. This article gives managers a quick checklist to ensure that their policies and practices avoid common problems and are up to date with the latest court interpretations on sexual harassment.     

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.     

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.     

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.

Assessing Liability for Sexual Harassment: Reactions of Potential Jurors to Email Versus Face-to-Face Incidents

This paper investigates reactions of potential jurors to sexual harassment incidents. Email and face-to-face incidents are compared to determine the importance of context on decision-making. The paper considers juror decision-making for both guilt and level of award to randomly assigned scenarios involving multiple levels of harassment. Results found that email harassment was perceived more harshly, consistent with a context-based hypothesis. The paper concludes with organizational implications for better handling sexual harassment awareness training as well as Internet usage guidelines.     

Does it matter that the prosecutor is also the judge? The administrative complaint process at the Federal Trade Commission

Firms seeking to merge face antitrust scrutiny from either the Department of Justice (DOJ) or the Federal Trade Commission (FTC). Unlike the DOJ, the FTC litigates its cases in front of its own administrative law judges (ALJs), and then hears the appeal itself, rather than using federal district courts. This study focuses on the formal decisions made by the FTC after an ALJ has conducted a full trial for a particular case. We find that while the ‘merits’ of a matter, as implied by the case law, affect the FTC's decision, institutional factors also have an impact. In particular, the firm's chances of prevailing in litigation are influenced by the number of commissioners who both vote to prosecute and then vote as a judge as well as the political affiliations of the commissioners. © 1998 John Wiley & Sons, Ltd.     

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.     

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.     

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.     

The relationship between gender,personal experience,and perceptions of sexual harassment in the workplace

In this study 352 working men and women responded to a questionnaire about their perceptions of what constituted sexual harassment. It was hypothesized that females, compared to males, would view ambiguous sexually oriented work behavior as more harassing. It was also hypothesized that those who had been a target of sexual harassment, compared to those who had not been a target, would view ambiguous sexually oriented work behavior as more harassing. Both hypotheses were supported. Additionally, after taking into account the effect of having been a target of sexual harassment, the effect of gender on perceptions of sexual harassment was found to be spurious. Implications for management and future research are discussed. An earlier version of this paper was presented at the 1993 Southern Management Association meeting in New Orleans.     

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.     

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.

Russian workers’ experiences with and perceptions of sexual harassment severity

As the reach of global business operations increases, cultural context will likely influence the nature and amount of sexual harassment workers experience. Surprisingly, little is known about sexual harassment in Russia, an attractive target for expanding companies. To address this gap in the literature, we examine Russian workers’ perceptions of sexual harassment severity through the lens of cultural context. In particular, we examine the sexual harassment severity perceptions from the perspective of both targets and perpetrators. Results indicate that as targets of sexual harassment, Russian women and men held similar sexual harassment severity perceptions. However, as perpetrators, Russian women reported perceiving the harassment they committed as being less severe than the reports of Russian men. Further, among both targets and perpetrators, Russian women held less permissive sexual attitudes than Russian men, with this difference mediating the relationship between participant sex and perceived sexual harassment severity: women perceived greater severity than men because women hold less permissive sexual attitudes. Implications for research, practice, and the role of national culture in shaping the social construction of sexual harassment are discussed.