Sexual harassment

Sexual harassment is harassment or unwelcome attention of a sexual nature. It includes a range of behavior from mild transgressions and annoyances to serious abuses which can even involve forced sexual activity. (Dziech et al 1990, Boland 2002) Sexual harassment is considered a form of illegal discrimination and is a form of sexual and psychological abuse, and bullying.

It has been suggested that the term "sexual harassment" was coined in 1974 at Cornell University, (Patai, pp. 17-19). For many businesses, preventing sexual harassment, and defending its managerial employees from sexual harassment charges, have become key goals of legal decision-making. In contrast, many scholars complain that sexual harassment in education remains a "forgotten secret," with educators and administrators refusing to admit the problem exists in their schools, or accept their legal and ethical responsibilities to deal with it. (Dziech, 1990)

Statistics

Approximately 15,000 sexual harassment cases are brought to the U.S. Equal Employment Opportunity Commission (EEOC) each year. Media and government surveys estimate the percentage of women being sexually harassed in the U.S. workplace at 40% to 60%. The European Women's Lobby reports that between 40 and 50 % of female employees have experienced some form of sexual harassment or unwanted sexual behavior in the workplace. While the majority of sexual harassment complaints come from women, the number of complaints filed by men is rapidly increasing. In 2004, over 15% of EEOC complaints were filed by men with 11% of claims involving men filing against female supervisors. ^*" target="_blank" > A 2006 government study in the United Kingdom revealed that 2 out of 5 sexual harassment victims in the UK are male, with 8% percent of all sexual harassment complaints to the Equal Opportunities Commission (Britain's EEOC), coming from men. 'It affects both women and men, causing stress, health problems and financial penalties when they leave their jobs to avoid it,' said Jenny Watson, chair of the EOC. [http://observer.guardian.co.uk/uk_news/story/0,,1805397,00.html

Statistics indicate that sexual harassment in education is also common. A 2002 study of students in the 8th through the 11th grade by the American Association of University Women (AAUW) revealed that 78% of girls have been sexually harassed, and 83% of boys have been sexually harassed. their 2006 study on sexual harassment at colleges and universities, the AAUW reported that 62% of female college students and 61% of male college students report having been sexually harassed at their university, with 80% of the reported harassment being peer-to-peer. Fifty-one percent of male college students admit to sexually harassing someone in college, with 22% admitting to harassing someone often or occasionally. Thirty-one percent of female college students admitted to harassing someone in college. ^*In" target="_blank" >their 2002 study, the AAUW reported that 38% percent of the students were sexually harassed by teachers or school employees. [http://www.aauw.org/research/girls_education/hostile.cfm

However, it is important to acknowledge that statistics do not give a complete picture of the pervasiveness of the problem as most sexual harassment situations go unreported. (Boland 2002, Dzeich 1990)

Range of behavior and circumstances

Varied circumstances

Sexual harassment can occur in a variety of circumstances:

The harasser can be anyone, such as a supervisor, a client, a co-worker, a teacher or professor, a student, a friend, or a stranger.

The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.

While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful.

The victim can be male or female. The harasser can be male or female.

The harasser does not have to be of the opposite sex.

The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful.

(Adapted from the U.S. Equal Employment Opportunity Commission)^*

Varied behaviors

One of the difficulties in understanding sexual harassment is that is involves a range of behavior, and is often difficult for the recipient to describe to themselves, and to others, exactly what they are experiencing. Moreover, behavior and motives vary between individual harassers. Dzeich (Dzeich et al 1990) has divided harassers into two broad classes: public and private. Public harassers are flagrant in their seductive or sexist attitudes towards colleagues, subordinates, students, etc. Private harassers carefully cultivate a restrained and respectable image on the surface, but when alone with their target, their demeanor changes completely.

This list below is based on categories defined by Dzeich et al, and Truida Prekela South African management consultant. There is usually more than one type of harassing behavior present (Boland 2002), so a single harasser will often fit more than one category. These are brief summations of each type. For a more in depth discussion on patterns and types of harassment, see [http://www.sexualharassmentsupport.org/TypesOfHarassers.html Sexual Harassers (Please note, these are not legal definitions; burdens of proof must comply with the guidelines described by the government.)

The Power-player Legally termed "quid pro quo" harassment, the harasser insists on sexual favors in exchange for benefits they can dispense because of their position in the hierarchy: getting or keeping a job, favorable grades, recommendations, credentials, projects, promotion, orders, and other types of opportunities.

The Mother/Father Figure (a.k.a. The Counselor-Helper) This harasser will try to create a mentor-like relationship with their target, all the while masking their sexual intentions with pretenses towards personal, professional, or academic attention. This is a common method of teachers for Academic sexual abuse. (For a good example, see Naomi Wolf's article, The Silent Treatment )

One-of-the-gang Often motivated by bravado or competition, or because the harasser/s think it is funny (AAUW 2006), One-of-the-gang harassment occurs when groups of men or women embarrass others with lewd comments or physical evaluations. Harassers may act individually in order to belong or impress the others, or groups may gang up on a particular target.

The Serial Harasser This type carefully builds up an image so that people would find it hard to believe they would do anyone any harm. They plan their approach carefully, and strike in private so that it is their word against that of a subordinate or student.

The Groper Whenever the opportunity presents itself, this harasser's eyes and hands begin to wander--in the elevator, when working late, at the office or department party. They like to insist on (usually begrudged) kisses or hugs.

The Opportunist The Opportunist uses physical settings and circumstances, or infrequently occurring opportunities, to mask premeditated or intentional sexual behavior towards a target. This will often involve changing the environment in order to minimize inhibitory effects of the workplace or school(e.g private meetings, one-on-one "instruction," field trips, conferences)

The Bully In this case, sexual harassment is used to punish the victim for some transgression, such as rejection of the harasser's interest or advances, or making the harasser feel insecure in their own abilities. The Bully uses sexual harassment to punish their target, and put them in his or her "proper place.”

The Confidante This type of harasser approaches the subordinate, or student, as an equal or a friend, sharing about their own life experiences and difficulties, unventing stories to win admiration and sympathy, and inviting the subordinate to share theirs so as to make them feel valued and trusted. Soon the relationship moves into an intimate domain from which the subordinate finds it difficult to separate from.

The Situational Harasser Harassing behavior begins when the perpetrator endures a traumatic event, or begins to experience very stressful life situations, such as psychological or medical problems, marital problems, or divorce. The harassment will usually stop if the situation changes, or the pressures are removed.

The Pest This is the stereotypical "won't take 'no' for an answer" harasser who persists in hounding a target for attention and dates even after persistent rejections. This behavior is usually misguided, with no malicious intent.

The Great Gallant This mostly verbal harassment involves excessive compliments and personal comments that focus on appearance and gender, and are out of place or embarrassing to the recipient. Such comments are sometimes accompanied by leering looks.

The Intellectual Seducer Most often found in educational settings, this harasser may try to structure a course in such a way as to gain access to personal information about a student. The teacher may require students participate in exercises or "studies" that reveal information about their sexual preferences and habits.

The Incompetent These are socially inept individuals who desire the attentions of their target, who does not reciprocate these feelings. They may display a sense of entitlement, believing their target should feel flattered by their attentions. When rejected, this type of harasser may use bullying methods as a form of revenge.

Street harassment and stalking can also be methods of sexual harassment.

Sexualized environments (aka environmental harassment)

Sexualized environments are environments where obscenities, sexual joking, sexually explicit graffiti, viewing Internet porn, sexually degrading posters and objects, etc., are common. None of these behaviors or objects may necessarily be directed at anyone in particular. However, they can create an offensive environment, and one that is consistent with “hostile environment” sexual harassment. For example, in the case of Morse v. Future Reality Ltd. in the United Kingdom(1996), the female complainant was awarded compensation after her superiors ignored her complaint that her office mates spent much time studying sexually explicit images downloaded from the Internet, and creating a “general atmosphere of obscenity” in the office.^* Sexualized environments have also been shown to create atmospheres that encourage more serious and direct sexual harassment. For example, when obscenities are common in the workplace, women are 3 times more likely to be treated as sex objects, and be directly sexually harassed than in environments where profanity is not tolerated. And when sexual joking is common, sexual harassment is 3 to 7 times more likely. (Boland, 2002)

Retaliation and backlash

Retaliation and backlash against a victim are very common, particularly a complainant. Victims who speak out against sexual harassment are often labeled troublemakers who are on their own power trips, or who are looking for attention. Similar to cases of rape or sexual assault, the "victim" often becomes the "accused," with their appearance, private life, and character likely to fall under intrusive scrutiny and attack. They risk hostility and isolation from colleagues, supervisors, teachers, fellow students, and even friends. Retaliation against a complainant can involve their being given negative evaluations or low grades, having their projects sabotaged, being denied opportunities, having their hours cut back, and other actions against them which undermine their productivity, or their ability to advance at work or school. They may become the targets of mobbing. They may be suspended, asked to resign, or be fired from their jobs altogether. Moreover, a professor or employer accused of sexual harassment, or who is the colleague of a perpetrator, can use their power to see that a victim is never hired again, or never accepted to another school. Retaliation can even involve further sexual harassment, and also stalking and cyberstalking of the victim. ^*

Women are not necessarily sympathetic to female complainants who have been sexually harassed. Internalized sexism, and/or jealousy over the sexual attention towards the victim, may encourage some women to react with as much hostility towards the complainant as some male colleagues. Fear of being targeted for harassment themselves may also cause some women to respond with hostility. ^*^*For example, when Lois Jenson filed her lawsuit against Eveleth Taconite Co., the women placed a hangman's noose above her workplace, and shunned her both at work and in the community--many of these women later joined her suit.(Bingham et al 2002) Women may even project hostility onto the victim in order to bond with their male coworkers and build trust. ^*

One woman who was interviewed by Helen Watson, a sociologist, reported that, "Facing up to the crime and having to deal with it in public is probably worse than suffering in silence. I found it to be a lot worse than the harassment itself." (Watson, 1994)

Effects of sexual harassment and the (often) accompanying retaliation:

Effects of sexual harassment can vary depending on the individual, and the extent and duration of the harassment. While most incidence of sexual harassment fall into the category of the "merely annoying," many situations can, and do, have life-altering effects particularly when they involve retaliation against a victim who does not submit to the harassment, or who complains about it openly. Indeed, psychologists and social workers report that severe and/or chronic sexual harassment can have the same psychological effects on victims as rape or sexual assault. (Koss, 1987) For example, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded 6 million dollars in punitive and compensatory damages.) Backlash and victim-blaming can further aggravate the effects. Moverover, every year, sexual harassment costs hundreds of millions of dollars in lost educational and professional opportunities, mostly for girls and women. (Boland, 2002)

Common effects on the victims

Common professional, academic, financial, and social effects of sexual harassment:

Decreased work or school performance; increased absenteeism
Loss of job or career, loss of income
Having to drop courses, change academic plans, or leave school (loss of tuition)
Having one's personal life offered up for public scrutiny --the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack. (Note: this rarely occurs for the perpetrator.)
Being objectified and humiliated by scrutiny and gossip
Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if they are "worth" the sexual attention or the risk to the harasser's career)
Defamation of character and reputation
Loss of trust in environments similar to where the harassment occurred
Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun them altogether)
Having to relocate to another city, another job, or another school
Loss of references/recommendations

Some of the psychological and health effects that can occur in someone who has been sexually harassed: depression, anxiety and/or panic attacks, sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of motivation, stomach problems, eating disorders (weight loss or gain), feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self esteem, withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD), complex post-traumatic stress disorder, suicidal thoughts or attempts, suicide

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Effects of sexual harassment on organizations

Decreased productivity and increased team conflict
Decrease in success at meeting financial goals (because of team conflict)
Decreased job satisfaction
Loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers
Decreased productivity and/or increased absenteeism by staff experiencing harassment
Increased health care costs and sick pay costs because of the health consequences of harassment
The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment
If the problem is ignored, a company’s image can suffer amongst clients, employees, potential customers, and the general public
Legal costs if the problem is ignored and complainants take the issue to court ^*^*^*^*^*

Varied legal guidelines and definitions

There are a number of legal options for a complainant in the U.S.: mediation, filing with the EEOC or filing a claim under the Fair Employment Practices (FEP) statute (both are for workplace sexual harassment), filing a common law tort, etc. Not all sexual harassment will be considered severe enough to form the basis for a legal claim. However, most often there are several types of harassing behaviors present, and there is no minimum level for harassing conduct under the law.(Boland, 2002) Many more people have experienced sexual harassment than have a solid legal case against the accused. Because of this, and the common preference for settling, few cases ever make it to federal court.^*.

EEOC definition

In 1980 the Equal Employment Opportunity Commission produced a set of guidelines for defining and enforcing Title VII (in 1984 it was expanded to include educational institutions). The EEOC defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct was made either explicitly or implicitly a term or condition of an individual's employment,

2. Submission to or rejection of such conduct by an individual was used as the basis for employment decisions affecting such individual, or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

1. and 2. are called "quid pro quo" (Latin for "this for that" or "something for something"). They are essentially "sexual bribery", or promising of benefits, and "sexual coercion".

Type 3. known as "hostile work environment," is by far the most common form. This form is less clear cut and is more subjective. ^*

Note: a workplace harassment complainant must file with the EEOC and recieve a "right to sue" clearance, before they can file a lawsuit against a company in federal court. (Boland, 2002)

Quid pro quo sexual harassment

In the workplace, this occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if she will go out on a date with him, or tells an employee she will be fired if she doesn't sleep with him. ^*

Hostile environment sexual harassment

This occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct. The courts will try to decide whether the conduct is both "serious" and "frequent." Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment. ^* See Hostile environment sexual harassment

The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge. At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply. ^*

"Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred."

Retaliation

Retaliation for complaining or filing a grievance is as illegal as the harassment itself, but also as difficult to prove. To establish a prima facie case of retaliation, a complainant must show by a preponderance of evidence that the they engaged in a protected activity known to the employer ("protected activities," such as making discrimination and harassment activities known to management, participating in managing diversity programs, assisting another employee with a discrimination complaint, etc.), the employer thereafter subjected the complaining party to "materially adverse" treatment that would be likely to dissuade "a reasonable worker from making or supporting a charge of discrimination, and there was a causal link between the protected activity and adverse employment decision or treatment. ^*

Sexual harassment in non-US jurisdictions

Many jurisdictions outside the United States have adopted their own definitions of sexual harassment, intended to cover essentially the same forms of undesirable conduct. However, if a country has officially outlawed sexual harassment, most define the behavior similarly to that of the U.S., some examples below:

Czech Republic: Undesirable behavior of a sexual nature at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can be justifiably perceived by the party concerned as a condition for decisions affecting the exercise of rights and obligations ensuring from labor relations.

France: Article 222-33 of the French Criminal Code describes sexual harassment as, "The fact of harassing anyone using orders, threats or constraint, in order to obtain favors of a sexual nature, by a person abusing the authority that functions confer on him..." Moral harassment occurs when an employee is subjected to repeated acts (one is not enough) the aim or effect of which may result in a degradation (deterioration) of his conditions of employment that might undermine his rights and his dignity, affect his physical or mental health or jeopardize his professional future. Sexual as well as the moral harassment is recognized by the law.

India: The case of Vishaka Vs. State of Rajasthan in 1997 has been credited with establishing sexual harassment as illegal in India. Sexual harassment in India is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.

Israel: The 1998 Israeli Sexual Harassment Law interprets sexual harassment broadly, and prohibits the behavior as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person’s right to elementary respect, and an infringement of the right to privacy. Addtionally, the law prohibits intimidation or retaliation that accommodates sexual harassment. Intimidation or retaliation thus related to sexual harassment are defined by the law as “prejudicial treatment”.

Pakistan: Pakistan has adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment. The Alliance Against Sexual Harassment (AASH) announced they would be working with the committee to establish guidelines for the proceedings. AASH defines sexual harassment much the same as it is defined in the U.S. and other cultures.

Poland: There is no special provision in the employment law that provides for moral or sexual harassment; however it is commonly accepted by the jurisprudence, that sexual harassment occurs when the employee is subjected to acts of another person in order to obtain favours of a sexual nature. Moral harassment occurs when en employee is subjected to acts which may result in a deterioration of his conditions of employment or undermine his rights and dignity as well as affect his physical or moral health. These definitions are not legal ones, but definitions accepted by the jurisprudence.

Russia: In the Criminal Code, Russian Federation, (CC RF), there exists a law which prohibits utilization of an office position and material dependence for coersion of sexual interactions (Article 118, current CC RF). However, according to the Moscow Center for Gender Studies, in practice, the courts do not examine these issues.

United Kingdom: The Discrimination Act of 1975 states that harassment occurs where there is unwanted conduct on the ground of a person's sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment. ^*" target="_blank" >^*

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Difficulties and criticisms

Though the phrase "sexual harassment" is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial, depending on each individual's opinion of what constitutes harassment, or what they personally find offensive. Accordingly, misunderstandings can abound. Some critics argue that the legal guidelines are too broad and vague. Moreover, sexual harassment law has been highly criticized by experts, such as Alan Dershowitz and Eugene Volokh for imposing on the right to free speech. Some feminist groups criticize sexual harassment policy as helping maintain archaic stereotypes of women as delicate, asexual creatures who require special protection.Camille Paglia has even gone as far as to blame young girls if they are sexually harassed, saying their own "niceness" provokes it. Paglia commented in an interview with Playboy, "Realize the degree to which your niceness may invoke people to say lewd and pornographic things to you--sometimes to violate your niceness. The more you blush, the more people want to do it." [http://privat.ub.uib.no/bubsy/playboy.htm" target="_blank" >^*

Sexual harassment policy and legislation have been criticized as attempts to "regulate romance" which goes against "human urges." Other critics assert that sexual harassment is a very serious problem, but current views focus too heavily on sexuality rather than on the type of conduct that undermines the ability of women or men to work together effectively. Viki Shultz, a law professor at Yale University comments, "Many of the most prevalent forms of harassment are designed to maintain work-particularly the more highly rewarded lines of work-as bastions of male competence and authority." [http://www.aaup.org/publications/Academe/1998/98so/SO98Alg.HTM

References

American Association of University Women. Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School. AAUW, 2002.
American Association of University Women. Drawing the Line: Sexual Harassment on Campus. AAUW,2006.
Bingham, Clara, Gansler, Laura Leedy. Class Action: The Landmark Case that Changed Sexual Harassment Law. New York, Anchor Books, 2002.
Boland, Mary L. Sexual Harassment: Your Guide to Legal Action. Naperville, Illinois: Sphinx Publishing, 2002.
Dziech, Billie Wright, Weiner, Linda. The Lecherous Professor: Sexual Harassment on Campus. Chicago Illinois: University of Illinois Press, 1990.
Koss, Mary P. "Changed Lives: The Psychological Impact of Sexual Harassment." in Paludi, Michele A. ed. Ivory Power: Sexual Harassment On Campus. Albany, NY, State University of New York Press, 1987.
Patai, Daphne. Heterophobia: Sexual Harassment and the Future of Feminism. Lanham: Rowman and Littlefield, 1999.
Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment," in Brant, Clare, and Too, Yun Lee, eds., Rethinking Sexual Harassment. Boulder, Colorado, Pluto Press, 1994.

For further reading

Back Off: How to Confront and Stop Sexual Harassment and Harassers. Langelan, Martha. Fireside, 1993
Directions in Sexual Harassment Law. R. B. Siegel, co-editor. MacKinnon, Catherine. New Haven, Conn.: Yale Univ. Press, 2004.
Ivory Power: Sexual Harassment On Campus. Paludi, Michele A. ed. Albany, NY, State University of New York Press, 1987.
Sexual Harassment : A Practical Guide to the Law, Your Rights, and Your Options for Taking Action. O'Shea, Tracy, and LaLonde, Jane. St. Martin's Griffin, 1998.
Sexual Harassment of Working Women : A Case of Sex Discrimination. MacKinnon, Catherine. Yale University Press, 1979
Sexual Harassment on the Job: What It Is and How to Stop it. Petrocelli, William, and Repa, Barbara Kate. NOLO, 1998
The Updated and Expanded 9to5 Guide to Combating Sexual Harassment : Candid Advice from 9to5, the National Association of Working Women. Bravo, Ellen, and Cassedy, Ellen. The 9to5 Fund, 1999.

Sexual harassment in media and literature

North Country A movie based on Jenson v. Eveleth Taconite Co., the first sexual harassment class action lawsuit in the U.S.
"Hostile Advances: The Kerry Ellison Story." Television movie about the case that set the "Reasonable Woman" precedent in sexual harassment law
Oleanna David Mamet's play and movie about sexual harassment in higher education
Pretty Persuasion Scathing satire of sexual harassment and discrimination in schools, and attitudes towards females in media and society
Sexual Harassment Panda South Park spoof on sexual harassment lawsuits

External links

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