Citizendia

"Catcall" redirects here. For the children's novel by Linda Newbery, see Catcall (novel). Linda Newbery is a British author who began writing as a young adult author but has now broadened her range to encompass all ages Catcall is a children's novel by Linda Newbery, published in 2006

Sexual harassment is harassment or unwelcome attention of a sexual nature. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers Generally speaking human sexuality is how people experience and express themselves as sexual beings 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 in many countries, and is a form of abuse (sexual and psychological) and bullying. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Abuse refers to the use or treatment of something (a person item substance concept or vocabulary that is harmful Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another Psychological abuse or emotional abuse is a form of abuse characterized by a person subjecting or exposing another to behavior that is psychologically harmful Bullying is the act of intentionally causing harm to others through verbal Harassment, physical Assault, or other more subtle methods of Coercion

It has been suggested that the term "sexual harassment" was coined in 1974 at Cornell University, (Patai, pp. 17-19), however, it was the United States Supreme Court confirmation hearing of Clarence Thomas, and Anita Hill's testimony, that brought the issue to national attention in the U. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United Anita Faye Hill (born) is a professor of social policy law and women's studies at Brandeis University at the Heller School for Social Policy and Management and S. 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. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities (Dziech, 1990)

Contents

Statistics

Sexual harassment in the workplace

In her book In Our Time: Memoir of a Revolution (1999), journalist Susan Brownmiller quotes the Cornell activists who in 1975 coined the term sexual harassment: “Eight of us were sitting in an office . . . brainstorming about what we were going to write on posters for our speak-out. We were referring to it as ‘sexual intimidation,’ ‘sexual coercion,’ ‘sexual exploitation on the job. ’ None of those names seemed quite right. We wanted something that embraced a whole range of subtle and un-subtle persistent behaviors. Somebody came up with ‘harassment. ’ 'Sexual harassment!' Instantly we agreed. That’s what it was. ” (p. 281).

Approximately 15,000 sexual harassment cases are brought to the U. S. Equal Employment Opportunity Commission (EEOC) each year. The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination Media and government surveys estimate the percentage of women being sexually harassed in the U. "Popular press" redirects here note that the University of Wisconsin Press publishes under the imprint "The Popular Press" For the government of parliamentary systems see Executive (government. 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. [1] 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. [2][3] A 2006 government study in the United Kingdom revealed that 2 out of 5 sexual harassment victims are male, with 8% percent of all sexual harassment complaints to the Equal Opportunities Commission (Britain's EEOC), coming from men. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Equal Opportunities Commission (EOC was an independent Non-departmental public body, (NDPB in the United Kingdom which tackled sex discrimination and promoted gender equality [4] A 2007 study in Hong Kong reported that one third of sexual harassment victims are males being targeted by female supervisors. [5] '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. [4]

Sexual harassment in education

Main article: Sexual harassment in education

A 2002 study of students in the 8th through the 11th grade by the American Association of University Women (AAUW) revealed that 83% of girls have been sexually harassed, and 78% of boys have been sexually harassed. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. The American Association of College Women states that sexual harassment starts as early as preschool. [6]In 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. 51% of male college students admit to sexually harassing someone in college, with 22% admitting to harassing someone often or occasionally. 31% percent of female college students admitted to harassing someone in college. [7] In a 2000 national survey conducted for the AAUW, it was reported that roughly 290,000 students experienced some sort of physical sexual abuse or harassment by a public school employee, such as a teacher or coach, between 1991 and 2000. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities In a major 2004 study commissioned by the U. S. Department of Education, nearly 10 percent of U. S. public school students were shown to have been targeted with unwanted sexual attention by school employees. [8] In their 2002 study, the AAUW reported that 38% percent of the students were sexually harassed by teachers or school employees.

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:

(Adapted from the U. S. Equal Employment Opportunity Commission)[3]

Varied behaviors

One of the difficulties in understanding sexual harassment is that it 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.

Behavioral classes

Dzeich 4(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.

Langelan describes three different classes of harassers. First there is the predatory harasser who gets sexual thrills from humiliating others. This harasser may become involved in sexual extortion, and may frequently harass just to see how targets respond--those who don't resist may even become targets for rape. Next, there is the dominance harasser, the most common type, who engages in harassing behaviour as an ego boost. Third are strategic or territorial harassers, who seek to maintain privilege in jobs or physical locations, for example a man's harassing female employees in a predominantly male occupation. (Langelan, 1993)

Attorney Mary Jo McGrath describes "The Winner" as a common profile that confuses harassment victims and others in the community because they do not seem like the type who would need to abuse anyone. An adult male harasser is often middle aged, married with children, a churchgoer, and someone who is highly respected in the community. A teacher who sexually harasses students may have been named "Teacher of the Year" or be Chair of their department. A young harasser may be captain of the football team, an honor student sure to attend an Ivy League school, or some other young person who thinks they have everything going for him or her (and so does everyone else). McGrath writes that sexual harassment and abuse "are acts of violence and domination, not sensuality and flirtation. These acts are calculated to dominate and control, not enhance the enjoyment and safety of the targeted person . . . The violator may be very high functioning in all other areas of his or her life, but is driven within this realm to act out needs inappropriately. "[9]

Brian Martin, an Australian associate professor of Science, Technology and Society writes "Most harassers don't try to justify their behaviour; they don't think about it. If asked, they may say they are just having fun and don't cause any harm. A few, though, consciously seek to humiliate their victims. "[10]

Types of harassment

The list below is based on categories defined by Dzeich (Dzeich et al,1990) and Truida Prekel, a South African management consultant. [11] 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 Sexual Harassers (Please note, these are not "legal" definitions; burdens of proof must comply with the guidelines described by the government. )

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. Quid pro quo ( Latin for "something for something") indicates a more-or-less equal exchange or substitution of goods or services

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 who sexually harass students. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities (For an example, see Naomi Wolf's article, The Silent Treatment. Naomi Wolf (born 12 November 1962 is an American author political consultant and public intellectual )

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, physical evaluations, or other unwanted sexual attention. Harassers may act individually in order to belong or impress the others, or groups may gang up on a particular target. An extreme example is Tailhook '91 during which participants sexually abused seven men and 83 women as part of a three-day aviator convention. The Tailhook Association is a US based Fraternal, Non-profit organization supporting the interests of sea-based Aviation, with emphasis on [12]

Third Party sexual harassment describes sexual harassment of employees or peers who are not themselves the target of the harassment, this includes Groping. Third-party sexual harassment may be either quid pro quo or hostile environment. Men and women may bring such claims.

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 the victim.

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. In psychiatry the clinical term frotteurism (no longer called frottage) refers to a specific Paraphilia which involves the non-consensual rubbing against another They like to insist on (usually begrudged) kisses or hugs and sometimes involving grabbing the woman's breasts or buttocks. some offenses might also include asking a male about their penis. Called chikan in Japan, the problem is so pervasive there that men are increasingly being banned altogether from stores, restaurants, hotels, spas and even entertainment outlets, and women-only train cars have been created. In psychiatry the clinical term frotteurism (no longer called frottage) refers to a specific Paraphilia which involves the non-consensual rubbing against another For a topic outline on this subject see List of basic Japan topics. [13][14]

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)

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 about themselves or their abilities. The Bully uses sexual harassment to put the victim in his or her "proper place. "

Confidante This type of harasser approaches the subordinate, or student, as an equal or a friend, sharing about their own life experiences and difficulties, inventing 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.

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. Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. The harassment will usually stop if the situation changes or the pressures are removed.

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.

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 "wolf whistles" of a street harasser are one example of this.

Intellectual Seducer Most often found in educational settings, this harasser will try to use their knowledge and skills as an avenue to gain access to a student, or information about a student, for sexual purposes. They may require students participate in exercises or "studies" that reveal information about their sexual experiences, preferences, and habits. They may use their skills, knowledge, and course content to impress a student as an avenue to harassing or seducing a student.

Incompetent These are socially inept individuals who desire the attentions of their target, who does not reciprocate these feelings. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities 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.

Stalking can also be a method of sexual harassment. ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities

Talking about sex when a person feels uncomfortable about it may be called sexual harassment. Example: Dude, that girl last night was GREAT!

Sexualized environments (aka environmental harassment)

Sexualized environments are environments where obscenities, sexual joking, sexually explicit graffiti, viewing Internet pornography, sexually degrading posters and objects, etc. The original meaning of the adjective profane (from the Latin for "in front of or outside the Temple " was to refer to items not belonging to the church See also Mathematics of humor A joke is a short story or ironic depiction of a situation communicated with the intent of being humorous. Graffiti (singular graffito; the plural is used as a Mass noun) is the name for images or lettering scratched scrawled painted or marked in any manner on property Internet pornography is Pornography that is distributed by means of various sectors of the Internet, primarily via Websites Peer-to-peer A poster is any piece of printed Paper designed to be attached to a wall or vertical surface , 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. In Employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted " 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. The Internet is a global system of interconnected Computer networks EOC: Sexual Harassment: case decisions 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)

Rituals and initiations

Sexual harassment can also occur in group settings as part of rituals or ceremonies, such as when members engage newcomers in abusive or sexually explicit rites as part of hazing or initiation. A ritual is a set of actions often thought to have Symbolic value the performance of which is usually prescribed by a Religion or by the Traditions A ceremony is an activity infused with Ritual significance performed on a special occasion A rite of passage is a Ritual that marks a change in a person's social or sexual status Hazing is an often Ritualistic test and a task which may constitute Harassment, Abuse or Humiliation with requirements to perform random often Initiation is a Rite of passage Ceremony marking entrance or acceptance into a group or society While such traditions have historically remained in arenas of male-bonding, such as team sports and fraternities, it is becoming increasingly common for girls/women's groups to engage in similar ceremonies. The word tradition comes from the Latin traditionem acc of traditio which means "a giving up delivering up surrendering" and is used in a number of Male bonding is a term that is used in Ethology, Social science, and in general usage to describe patterns of Friendship and/or cooperation in men Team sport refers to Sports that are practiced between opposing teams where the players interact directly and simultaneously between them to achieve an objective Fraternities and sororities (from the Latin words la frater and la soror, meaning "brother" and "sister" respectively are fraternal [15] For example, as women’s sports become more widespread, some have begun to mimic the hazing and other practices characteristic of traditional men’s sports in order to try to be accepted by men in sport. Sport is an Activity that is governed by a set of rules or Customs and often engaged in competitively [16] And stories of sexual abuse and harassment in sorority initiations are also appearing more and more frequently in the popular media. [17] While some suggest such activities are just “a joke”; others consider it degrading, insulting and even threatening—especially for many young people who have experienced sexual harassment, sexual abuse, stalking or rape. See also Mathematics of humor A joke is a short story or ironic depiction of a situation communicated with the intent of being humorous. Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Young people who lack confidence, or who are confused about their identity, may fall victim to such practices more easily than those who are self-assured. [15]

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. Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person [18] They risk hostility and isolation from colleagues, supervisors, teachers, fellow students, and even friends. They may become the targets of mobbing or relational aggression. Mobbing is a term referring to a type of animal behaviour A newer use refers to a group behavioural phenomenon in workplaces Relational aggression, also known as covert bullying is a type of Psychological abuse in which harm is caused through or to relationships [19]

Women are not necessarily sympathetic to female complainants who have been sexually harassed. If the harasser was male, 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. [20] Fear of being targeted for harassment or retaliation themselves may also cause some women to respond with hostility. [21] 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. Shunning is the act of deliberately avoiding association with and habitually keeping away from an individual or group (Bingham et al 2002) Women may even project hostility onto the victim in order to bond with their male coworkers and build trust. [21]

Retaliation has occurred when a sexual harassment victim suffers a negative action as a result of the harassment. For example, a complainant be given poor evaluations or low grades, have their projects sabotaged, be denied work or academic opportunities, have their work hours cut back, and other actions against them which undermine their productivity, or their ability to advance at work or school. Sabotage is a deliberate action aimed at weakening an enemy oppressor or employer through subversion obstruction disruption and/or destruction 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. ---- Stalking is the obsessive following observing or contacting of another person or the obsessive attempt to engage in any of these activities Cyberstalking is the use of the Internet or other electronic means to stalk someone [21][20]

Of the women who have approached her to share their own experiences of being sexually harassed by their teachers, feminist and writer Naomi Wolf writes,

"I am ashamed of what I tell them: that they should indeed worry about making an accusation because what they fear is likely to come true. Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities Naomi Wolf (born 12 November 1962 is an American author political consultant and public intellectual Not one of the women I have heard from had an outcome that was not worse for her than silence. One, I recall, was drummed out of the school by peer pressure. Many faced bureaucratic stonewalling. Some women said they lost their academic status as golden girls overnight; grants dried up, letters of recommendation were no longer forthcoming. No one was met with a coherent process that was not weighted against them. Usually, the key decision-makers in the college or university—especially if it was a private university—joined forces to, in effect, collude with the faculty member accused; to protect not him necessarily but the reputation of the university, and to keep information from surfacing in a way that could protect other women. The goal seemed to be not to provide a balanced forum, but damage control. "[22]

Another 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 severity and duration of the harassment. Often, sexual harassment incidents fall into the category of the "merely annoying. " However, many situations can, and do, have life-altering effects particularly when they involve severe/chronic abuses, and/or 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/chronic sexual harassment can have the same psychological effects 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. Moreover, 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:

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), alcoholism, 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. Major depressive disorder, also known as major depression, unipolar depression, unipolar disorder, clinical depression, or simply depression Anxiety is a physiological and psychological state characterized by Cognitive, Somatic, Emotional and Behavioral components Panic attacks are sudden discrete periods of intense anxiety mounting Physiological arousal fear stomach problems and discomfort that are associated with a variety of A nightmare is a Dream which causes a strong unpleasant emotional response from the sleeper typically fear or horror being in situations of extreme danger or the sensations Shame is variously an affect emotion cognition state or condition ---- Guilt is the Fact, state or Verdict (by a Court or other Tribunal) of an Offence, Crime, Violation An eating disorder is a compulsion to eat or avoid eating that negatively affects both one's physical and mental health Alcoholism is a term with multiple and sometimes conflicting definitions Trust is a relationship of reliance A trusted party is presumed to seek to fulfill policies, ethical codes Law and their previous promises Post traumatic stress disorder It is a severe and ongoing emotional reaction to Complex post-traumatic stress disorder (C-PTSD is a clinically recognized condition that results from extended exposure to extremes of social and/or interpersonal trauma, including [19][23][24][25][26]

Effects of sexual harassment on organizations

Evolution of sexual harassment law

United States

Workplace

In the US, the Civil Rights Act of 1964 Title VII prohibits employment discrimination based on race, sex, color, national origin or religion. Origins The bill was introduced by President John F Kennedy in his civil rights speech of June 11 1963, in which he asked for legislation "giving The prohibition of sex discrimination covers both females and males. This discrimination occurs when the sex of the worker is made as a condition of employment (i. e. all female waitpersons or male carpenters) or where this is a job requirement that does not mention sex but ends up barring many more persons of one sex than the other from the job (such as height and weight limits).

Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used. [30] In 1976, Williams v. Saxbe established sexual harassment as a form of sex discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. In 1980 the Equal Employment Opportunity Commission (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act of 1964. The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination In the 1986 case of Meritor Savings Bank v. Vinson, the Supreme Court first recognized “sexual harassment” as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer liability, and that speech or conduct in itself can create a "hostile environment. Meritor Savings Bank v Vinson, 477 US 57 ( 1986) marked the United States Supreme Court 's recognition of certain forms of Sexual harassment In Employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted " The Civil Rights Act of 1991 added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory (punitive) damages for sexual discrimination or harassment, and the case of Ellison v. Brady resulted in rejecting the reasonable person standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed from the perspective of the complainant and not the defendant. The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions limiting the rights of employees In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful The reasonable person standard is often used legal term that originated in the development of the Common law. Also in 1991, Jenson v. Eveleth Taconite Co. became the first sexual harassment case to be given class action status, paving the way for others. Year 1991 ( MCMXCI) was a Common year starting on Tuesday (link will display full calendar of the Gregorian Calendar. Lois E Jenson v Eveleth Taconite Co was the first class-action Sexual harassment Lawsuit in the United States, filed in 1988 In Law, a class action or a representative action is a form of Lawsuit where a large group of people collectively bring a claim to court Seven years later, in 1998, this case would establish new precedents for setting limits on the "discovery" process in sexual harassment cases, and allowing psychological injuries from the litigation process to be included in assessing damages awards. Year 1998 ( MCMXCVIII) was a Common year starting on Thursday (link will display full 1998 Gregorian calendar) In Law, discovery is the pre-trial phase in a Lawsuit in which each party through the law of Civil procedure can request documents and other evidence In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy In the same year, the courts concluded in Faragher v. City of Boca Raton, Florida, and Burlington v. Ellerth, that employers are liable for harassment by their employees. Moreover, Oncale v. Sundowner Offshore Services set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long as it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser. Oncale v Sundowner Offshore Services,, was a decision of the Supreme Court of the United States.

In the 2006 case of Burlington Northern & Santa Fe Railway Co. v. White, the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.

Education

Title IX of the Education Amendments of 1972 (United States) states "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Title IX of the Education Amendments of 1972, now known as the Patsy T "

In Franklin v. Gwinnett County Public Schools (1992), the U. S. Supreme Court held that private citizens could collect damage awards when teachers sexually harassed their students. In Bethel School District No. 403 v. Fraser (1986) the courts ruled that schools have the power to discipline students if they use "obscene, profane language or gestures" which could be viewed as substantially interfering with the educational process, and inconsistent with the "fundamental values of public school education. " Under regulations issued in 1997 by the U. S. Department of Education, which administers Title IX, school districts should be held responsible for harassment by educators if the harasser "was aided in carrying out the sexual harassment of students by his or her position of authority with the institution. The United States Department of Education (also referred to as ED, for Education Department is a Cabinet -level department of the United States Title IX of the Education Amendments of 1972, now known as the Patsy T "[31] In Davis v. Monroe County Board of Education, and Murrell v. School Dist. No. 1, 1999, schools were assigned liability for peer-to-peer sexual harassment if the plaintiff sufficiently demonstrated that the administration's response shows "deliberate indifference" to "actual knowledge" of discrimination.

Evolution of sexual harassment law in other jurisdictions

In India, the case of Vishaka Vs. State of Rajasthan in 1997 has been credited with establishing sexual harassment as illegal. [32] In Israel, the 1988 Equal Employment Opportunity Law made it a crime for an employer to retaliate against an employee who had rejected sexual advances, but it wasn't until 1998 that the Israeli Sexual Harassment Law made such behavior illegal. (Kamir, 2005)

In May 2002, the European Union Council and Parliament amended a 1976 Council Directive on the equal treatment of men and women in employment to prohibit sexual harassment in the workplace, naming it a form of sex discrimination and violation of dignity. This Directive required all Member States of the European Union to adopt laws on sexual harassment, or amend existing laws to comply with the Directive by October 2005. [33]

In 2005, China added new provisions to the Law on Women's Right Protection to include sexual harassment. [34] In 2006 "The Shanghai Supplement" was drafted to help further define sexual harassment in China. [35]

Varied legal guidelines and definitions

The United Nations General Recommendation 19 to the Convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment to include:

"such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment. "

While such conduct can be harassment of women by men, many laws around the world which prohibit sexual harassment recognize that both men and women may be harassers or victims of sexual harassment. It is important to note, most claims of sexual harassment are made by women.

United States

There are a number of legal options for a complainant in the U. S. : mediation, filing with the EEOC or filing a claim under a state Fair Employment Practices (FEP) statute (both are for workplace sexual harassment), filing a common law tort, etc. Mediation, a form of Alternative dispute resolution (ADR or "appropriate Dispute resolution " aims to assist two (or more disputants in reaching A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties [36] 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 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. [36] The section below describes the legal definitions that have been created for sexual harassment in the workplace. Similar definitions have been created for academic environments in the U.S. Department of Education Sexual Harassment Guidance.

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 US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination 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"). Quid pro quo ( Latin for "something for something") indicates a more-or-less equal exchange or substitution of goods or services 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. [20]

Note: a workplace harassment complainant must file with the EEOC and receive 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. [37] Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee's submission to verbal, nonverbal or physical conduct of a sexual nature.  Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm. [38]

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. [39] Probably the most famous hostile environment sexual harassment case to date is Jenson v. Eveleth Taconite Co. which inspired the movie North Country. Lois E Jenson v Eveleth Taconite Co was the first class-action Sexual harassment Lawsuit in the United States, filed in 1988 (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. In Employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted 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. [40]

"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 has occurred when an employee suffers a negative action after they make a report of sexual harassment, file a grievance, assist someone else with a complaint, or participate in discrimination prevention activities. Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job re-assignment--any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination. (See Burlington Northern & Santa Fe Railway Co. v. White) Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove. Also, retaliation is illegal even if the original charge of sexual harassment was not proven.

Other 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:

Debates

Though the phrase "sexual harassment" is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial. Accordingly, misunderstandings can abound. 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. Alan Morton Dershowitz (born September 1, 1938) is an American Lawyer, Jurist, and political commentator. Eugene Volokh (born Yevgeniy Volokh, Евгений Волох February 29, 1968) is an American legal commentator and law professor at the [49] Some feminist groups criticize sexual harassment policy as helping maintain archaic stereotypes of women as "delicate, asexual creatures" who require special protection. [50] Camille Paglia has even gone as far as to blame young girls if they are sexually harassed, saying their own "niceness" provokes it. Camille Anna Paglia (born 2 April 1947 in Endicott New York) is an American Author, Teacher, Feminist and Social critic 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. "[51]

Sexual harassment policy and legislation have been criticized as attempts to "regulate romance" which goes against human urges. [52] 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. "[53] Feminist Jane Gallop sees this evolution of the definition of sexual harassment as coming from a "split" between what she calls "power feminists" who are pro-sex (like herself) and what she calls "victim feminists," who are not. Jane (Anne Gallop (born 1952 is a Distinguished Professor of English and Comparative Literature at the University of Wisconsin-Milwaukee. She argues that the split has helped lead to a perversion of the definition of sexual harassment, which used to be about sexism but has come to be about anything that's sexual. (Gallop, 1997)

There is also concern over abuses of sexual harassment policy, and employers and administrators using accusations as a way of expelling employees they want to eliminate for other reasons. (Westhues, 1998).

References

For further reading

See also: SIECUS annotated bibliography of books on sexual harassment and sexual violence

Sexual harassment in media and literature

See also

Notes

  1. ^ Facts and Figures about gender equality in Europe
  2. ^ More men say they are sexually harassed at work
  3. ^ a b US EEOC: Sexual Harassment
  4. ^ a b Sexual harassment of men revealed
  5. ^ Daily India Sexual Harassment
  6. ^ Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School AAUW: 2001
  7. ^ Drawing the Line: Sexual Harassment on Campus AAUW 2002, 2006
  8. ^ What's behind today's epidemic of teacher-student sex?
  9. ^ The Early Warning Signs of Sexual Harassment and Abuse In School
  10. ^ Sexual Harassment and Nonviolent Action
  11. ^ Sexual Harassment: Causes, Consequences and Cures
  12. ^ PBS Frontline: the navy blues: Tailhook '91
  13. ^ Japan Tries Women-Only Train Cars to Stop Groping
  14. ^ 'Women only' signs make Japan's men fume
  15. ^ a b Why is Hazing a Problem?
  16. ^ WomenSport International: Position Statement
  17. ^ 20/20's Report on Sorority Hazing May 3, 1999
  18. ^ Sexual harassment too often leads to humiliation for victims
  19. ^ a b Effects of Sexual Harassment
  20. ^ a b c Dealing With Sexual Harassment
  21. ^ a b c Sexual harassment retaliation, backlash, and victim blaming
  22. ^ The Silent Treatment
  23. ^ Common Effects of Sexual Harassment
  24. ^ Sexual Harassment: Myths and Realities
  25. ^ a b StopVAW: Effects of Sexual Harassment
  26. ^ a b Psychosocial and Organizational Factors: Sexual Harassment
  27. ^ Sexual harassment bad for victims and for business June 22, 2005
  28. ^ Sexual harassment: Poisoning profit prospects August 10, 2005
  29. ^ For Help with the Handling of Harassment
  30. ^ The Sad Evolution of Sexual Harassment October 27, 2004
  31. ^ Sexual Harassment Guidance
  32. ^ a b Sexual Harassment and Rape Laws in India
  33. ^ Domestic Legal Framework November 1, 2003
  34. ^ China to outlaw sexual harassment
  35. ^ China Daily
  36. ^ a b What to Do if You or Someone You Know is Sexually Harassed
  37. ^ The Law & Your Job: What is quid pro quo harassment?
  38. ^ Sexual Harassment In The Workplace
  39. ^ The Law & Your Job: What is hostile environment harassment?
  40. ^ Policy Guidance on Current Issues of Sexual Harassment 03/19/90
  41. ^ a b Employment Law in Each Country
  42. ^ Denmark Law
  43. ^ Sexual Harassment in the Workplace in France and in the United States Spring 1997
  44. ^ AASHA - (Pakistan) Alliance Against Sexual Harassment
  45. ^ Sexual Harassment in Russian Workplaces - Sexual Harassment Support Forum
  46. ^ Strathclyde Regional Council v Porcelli [1986 IRLR 134 Court of Session]
  47. ^ Sexual Harassment: what the law says
  48. ^ Full text of the Philippine Anti Sexual Harassment Law
  49. ^ Freedom of Speech vs. Workplace Harassment Law
  50. ^ Feminism and Free Speech
  51. ^ Playboy interview, Camille Paglia May 1995
  52. ^ Sexual Harassment: The employer's role in prevention
  53. ^ Love, Lust, and the Law Sexual Harassment in the Academy

External links

Frank Vincent Zappa (December 21 1940 – December 4 1993 was an American Composer, Electric guitarist Record producer and Film director Guitar is a 1988 album by Frank Zappa. It is assumably the follow-up to 1981's Shut Up 'n Play Yer Guitar; like that album it features Zappa's Catharine Alice MacKinnon (born October 7, 1946) is an American feminist, Scholar, Lawyer, Teacher and In Employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted Sexual abuse, also referred to as molestation, is the forcing of undesired sexual acts by one person upon another Sexual harassment in education is unwelcome behavior of a sexual nature that interferes with a student’s ability to learn study work or participate in school activities Workplace bullying, like Childhood Bullying, is the tendency of individuals or groups to use persistent aggressive or unreasonable behavior against a co-worker A disciplinary counseling session is a meeting between a supervisor and employee

Dictionary

sexual harassment

-noun

  1. Unwelcome sexual advances.
  2. Harassment that is sexual in nature.
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