Same-Sex Sexual Harassment: A Legal Assessment with Implications for Organizational Policy

The legal debate over sexual harassment (SH) has taken an interesting turn concerning the controversial issue of same-sex sexual harassment (SSSH). Disagreement among circuit courts' decisions propelled the U.S. Supreme Court to grant full review to the SSSH case of Oncale v. Sundowner Offshore Services, Inc., et al. (1996) [83 F.3d 118 (5th Cir. 1996) [online]. Available: http://laws.findlaw.com/5th/9530510cvl.html]. In a unanimous decision, the Justices indicated that (a) SSSH not only violates Title VII of the Civil Rights Act of 1964 and (b) that the law does not exclude the idea that one heterosexual male can sexually harass another heterosexual male [Oncale v. Sundowner Offshore Services, Inc., et al., S. Ct. 96-568, Lexis 1599 (1998)]. This paper reviews the history of SSSH law and discusses the implications of the Oncale decision for SH policies and procedures.     

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.     

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.     

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.     

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.     

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.

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.     

Impact of Same-Sex Harassment and Gender-Role Stereotypes on Title VII Protection for Gay, Lesbian, and Bisexual Employees

When victimized in the workplace, gay, lesbian, and bisexual (GLB) employees often find themselves without recourse as Title VII does not recognize sexual orientation to be a protected class. We suggest that recent court decisions that have expanded Title VII to protect individuals from discrimination based upon violations of gender norms can be used to provide a basis for protection of GLB individuals under this statute. Using a review of the role of gender norms in the workplace as well as an analysis of recent court decisions and the Congressional debates on the Federal Marriage Amendment as well as the wording of the Defense of Marriage Act [Defense of Marriage Act (DOMA), Pub. L. 104-199, Stat. 2419 (September 21, 1996)], this paper provides the theoretical background and conceptual argument (but does not attempt to make the legal argument) to suggest that same-sex harassment and discrimination are considered violations of societal gender norms and should therefore be protected under the expanded coverage of Title VII.     

Clarifying the Boundaries of Sexual Harassment and Employer Liability: Judicial Application of Harris v. Forklift Systems, Inc.

Many had anticipated that Harris v. Forklift Systems, Inc., the first significant Supreme Court ruling on sexual harassment since 1986, would clarify the boundary between merely offensive conduct and unlawful conduct, and would offer greater guidance on when an employer is liable for the creation of an abusive (or hostile) work environment. However, the Harris court handed down only a short, narrow decision that left these areas largely unresolved, and, accordingly, it was widely criticized for circumventing contentious issues and for perpetuating the vague framework under which abusive work environment claims are now analyzed. This article examines a representative cross-section of federal and state decisions that have interpreted and applied Harris to evaluate whether courts have achieved any consensus on what constitutes an abusive work environment and on when an employer is liable for this type of sexual harassment.     

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.     

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 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.     

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.     

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.     

南京市优秀女子竞走运动员竞技能力结构模型构建及主要训练特点

通过对南京市30名女子竞走运动员测试数据,初步制定出南京市女子竞走运动员竞技能力结构模型,并在此基础是阐明了竞走有别于其他项目的不同训练特点。     

A Unifying Framework for Marginalised Random‐Intercept Models of Correlated Binary Outcomes

We demonstrate that many current approaches for marginal modelling of correlated binary outcomes produce likelihoods that are equivalent to the copula‐based models herein. These general copula models of underlying latent threshold random variables yield likelihood‐based models for marginal fixed effects estimation and interpretation in the analysis of correlated binary data with exchangeable correlation structures. Moreover, we propose a nomenclature and set of model relationships that substantially elucidates the complex area of marginalised random‐intercept models for binary data. A diverse collection of didactic mathematical and numerical examples are given to illustrate concepts. Copyright © 2013 John Wiley & Sons, Ltd.     

Sixty years of discrimination and diversity research in human resource management: A review with suggestions for future research directions

This article reviews discrimination and diversity research published in Human Resource Management (HRM) over the past 60 years. While discrimination and diversity are very different constructs, it is often informative to study them together, because when people recognize each other's diversity, this can result in bias, stereotyping, and discrimination. We conducted bibliographic searches for terms related to discrimination and diversity as well as a manual search through every title and abstract published in HRM over the last 60 years to assess article relevance. The search resulted in 135 research articles with 136 unique studies (i.e., samples) which are reviewed in this article. Sex and race are the demographics that have been examined the most in HRM, while religion has been examined the least. Moreover, the number of studies examining lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees in the workplace in HRM has grown quickly within the past 10 years, culminating in a recent meta‐analysis. Our review looks at some of the earliest research published, the most recent research published, and the overall trends we identified in the research over the years for both discrimination and diversity articles. We then make future research suggestions and recommendations to advance the study of discrimination and diversity in the coming years.