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.     

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 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.     

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.     

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 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.     

Defending your life: When women complain about sexual harassment

Women who complain about sexual harassment in a union work environment may find that they are the focal point of the union’s defense of the alleged harasser. The defense the union uses can be broadly defined as one of four: deny the event, blame management, blame society, and blame the victim. This study investigates the frequency with which these defenses are used and their relative effectiveness. Deny the event and blame the victim were used in more than 80% of the cases. Their use was not significantly changed over time. There was no significant difference in the arbitrator’s decision based on the defense used by the union. It is suggested that unions consider using the blame management defense because it is equally effective but does not have the same negative effects on the victim as denying the event or blaming the victim.     

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 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.     

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.     

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.     

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.     

Moving beyond a legal‐centric approach to managing workplace romances: organizationally sensible recommendations for HR leaders

The goal of this article is to encourage human resource (HR) leaders to think more strategically about managing workplace romances. The traditional legal‐centric management approach focuses on minimizing risks of workplace romances. We advocate embedding the legal‐centric approach within a broader and more strategic organizationally sensible approach that provides a balanced focus on minimizing risks and maximizing rewards of workplace romances. Drawing from the empirical workplace romance literature, we derive a set of organizationally sensible best‐practice recommendations that HR leaders can adopt to manage risks and rewards of romantic relationships in organizations. Implementing our more strategic recommendations should provide the added benefit of elevating HR professionals' roles as organizational leaders. © 2009 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.

Climate for conflict management,exposure to workplace bullying and work engagement: a moderated mediation analysis

The present study investigates a potential preventive factor in relation to workplace bullying. Specifically, we examine how climate for conflict management (CCM) may be related to less bullying, increased work engagement, as well as whether CCM is a moderator in the bullying engagement relationship. The study was based on a cross-sectional survey among employees in a transport company (N = 312). Hypotheses were tested simultaneously in a moderated mediation analysis which showed that bullying and job engagement were related (H1), CCM was related to less reports of bullying (H2), CCM was related to work engagement (H3) and that CCM was indirectly related to job engagement through bullying (H4), but only when CCM was weak (H5). That is, CCM moderated the relationship between bullying and work engagement in that this relationship only existed when CCM was low. The present study contributes to theory within this research field by showing that organizational measures may not only prevent bullying, but may also affect how employees react when subjected to bullying. Furthermore, the effect of climate in relation to bullying may be down to the narrow bandwidth facet of CCM. The study informs employers how they may act to prevent bullying while also reducing the potential negative outcomes of those cases of bullying that inevitably will show up from time to time.     

Racial harassment and job satisfaction in South Africa: the moderating effects of career orientations and managerial rank

Employee job satisfaction is a strong predictor of pivotal individual and organizational outcomes, e.g. commitment, productivity, retention. This study examines the mediating role of workplace racial harassment in the association of employee racioethnicity and job satisfaction in the South African context. Furthermore, this study investigates the moderating effects of career-related variables, i.e. career orientations and managerial rank. Results of a survey of 154 employees in South Africa indicate that black South Africans experience more workplace racial harassment than white employees and thus show lower job satisfaction. Moreover, the detrimental effects of workplace racial harassment on job satisfaction are more pronounced among highly career-oriented individuals and/or among employees with no or low managerial rank. The implications of these findings for theory and practice are discussed.     

Defining the Problem and Problems of Definition: Legal Standards for Expanding Issues in Sexual Harassment

Sexual harassment has been a difficult area of legal interpretation. Legal frameworks used in other areas of Title VII of the Civil Rights Act have not been used in the development of standards by which to judge on the job harassment. Specific difficulties analyzed are the status of group versus individual protection, the notion that harassment is a correctable violation, problems of defining a hostile environment and determining harm, adverse effects on third parties, harassment without sexuality, and same sex harassment. Disagreements between the Circuit Courts and the EEOC are highlighted and effects on individuals and organizations are discussed. Suggestions for organization policy are made.     

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.     

以某高校女生性侵犯突发事件为例看校园危机管理

高校女生性侵犯事件是校园突发事件中较为罕见的一种,但是其对学生本人及学校的发展都存在着非常深远的负面影响。文章通过对某高校实际案例的分析,试图说明在此类事件的应急处理中,危机发生前的预防措施,即提高大学生对此类危机事件的应急处理能力是最为关键的。此外,辅导员应加强对学生的危机应对能力的培养。学校也应加强制度方面的管理,三管齐下,将性侵害事件发生的可能性降到最低。