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.     

Disciplining sexual harassers: What’s fair?

To avoid liability for hostile environment sexual harassment under Title VII of the Civil Rights Act, and to minimize the negative effects of such conduct on victims’ morale and perhaps their performance, employers must implement remedial measures that are capable of ending the harassment or even preventing it. Determining what constitutes adequate remedial action is difficult, and employers may administer excessively severe disciplinary penalties to ensure legal compliance. But such a response would contravene the tenets of just cause and industrial due process. This investigation examines relevant arbitration decisions to determine how labor arbitrators have balanced these competing interests. That is, it delineates the criteria that should be used to ensure that the disciplinary penalties levied against employees who sexually harass others are both adequate and fair.     

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.     

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.     

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.     

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.     

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.     

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.     

A policy capturing analysis of federal district and appellate court sexual harassment cases

A policy capturing analysis of 206 federal district and appellate sexual harassment cases showed that federal judges were moderately consistent in their judgments, with 29% of the variance in case outcomes accounted for by the regression model. Judges used Victim's Reaction, Form of Harassment, and Coercion, to make their ruling, and these three cues accounted for 20% of the variance in judgments. Appellate judges were slightly less consistent than district judges, and there were differences in judgment policy between appellate and district level cases. These findings are consistent with key aspects of the EEOC's Guidelines on Sexual Harassment and suggest that federal judges use the Guidelines to make their judgments. The model could be used by potential plaintiffs or defendants in sexual harassment cases to generate a prediction of the likely outcome of their case, to decide whether to pursue the case in court or seek a settlement.     

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.