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.

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.     

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.     

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 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.     

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。     

预测和解释人们对新事物接受的扩展模型研究

通过对理论文献的综述,分析和解释了人们对新技术的接受的基本过程。然而由于人们所处的环境不同,文化的不同等因素,技术接受模型在解释人们对新技术的采纳存在一定的局限。文中通过分析研究提出新的变量引入技术接受模型中,提升了模型对态度、意愿、行为的解释力,丰富了模型的应用,并提出了模型的在移动通信服务业中应用,对移动行业如何开展增值服务有一定的指导意义。     

炼钢过程的一种绿色评价模型研究

物料资源是炼钢过程产生环境影响的根源,揭示炼钢过程物料资源输入和环境排放之间的关联关系是研究炼钢过程绿色性重要技术基础。建立一种炼钢过程过程的功能模型,提出一种基于投入产出法的炼钢过程绿色评价模型,用于指导炼钢生产过程的绿色化改进。结合某炼钢过程进行了应用,验证了上述方法和模型的有效性和可行性。     

浅谈高等农业院校服务社会主义新农村模式

在社会主义新农村建设中,高等农业院校肩负着服务地方经济建设和发展的重任。本文结合农业院校特点,具体阐述了为社会主义新农村服务的主要三种模式:科技兴农模式、示范基地模式和人才帮扶模式,以期为新农村建设实践提供理论参考。     

一种集成的企业物流绩效评价模型的构建与应用研究

企业物流绩效评价的关键是怎样选择或建立评价模型,以及怎样根据评价模型建立评价指标体系。在分析BSC模型、Delphi法和MMDC模型的原理基础上,分别指出了它们的优势和不足,结合企业物流绩效评价指标体系的需求,提出了EL-BDM评价模型。利用EL-BDM模型,以某企业为应用背景,建立了该企业的物流绩效评价指标体系。     

会议营销:中小企业营销方式的新选择

在中小企业的营销管理中,找到适合中小企业实际情况的营销模式是其营销成功的关键。会议营销是适合中小企业实行的一种营销方式。本文分析了会议营销的概念、特征,并提出了中小企业实行会议营销需要注意的问题和方法。     

基于三线流模型的垂直裂缝井采油指数研究

针对低渗透地层垂直裂缝井的渗流过程,考虑了启动压力梯度和介质变形系数的影响,建立了三线流模型。根据此模型可得到不同地层及裂缝参数条件下油井采油指数变化规律。计算结果表明：在相同的生产压差条件下,采油指数随着变形系数的增大而减小,随着启动压力梯度的增大而减小,随着裂缝半长增大而增大。     

The Estimation of the Relationships between Water-Natural Gas Usage and Discharge-Emission Permission by Using Binary Logistic Model for the Industrial Establishments

The Thrace region is one of the most important agricultural and industrial regions in Turkey with its plain, deep and productive soil structure. The most important problem is industrial based water and air pollution in this region. In this study, 90 out of 541 establishments that use industrial water in the region were studied representing approximately 17% of the total population. The relationship between water-natural gas usage and discharge-emission permission is estimated by using the binary logistic model. In addition to the economic and social benefits, there are also economic and social losses due to environmental pollution because of the rapid industrialization in the Thrace Region. For example; the rice producers that use Ergene River for irrigation purposes lose efficiency and quality in various levels due to water pollution. According to the research results, an increase in wastewater is a factor that decreases the probability of obtaining discharge permission. Moreover, excessive use of underground water results in decreases in static and dynamic water levels in the region. Because of this result, it is more advantageous for sustainable water management to be directed to the sectors that do not use water for industrial purposes instead of the sectors that use water in their processes.     

A Generalized Method of Moments Estimator for a Spatial Panel Model with an Endogenous Spatial Lag and Spatial Moving Average Errors

Abstract

This paper proposes a new generalized method of moments (GMM) estimator for spatial panel models with spatial moving average errors combined with a spatially autoregressive dependent variable. Monte Carlo results are given suggesting that the GMM estimator is consistent. The estimator is applied to English real estate price data.