Sexual Harassment

This case study takes place in the context of a large corporate technology services firm. It explores the question of what constitutes sexual harassment as well as how best to draft a no-tolerance policy. The scenario examines behaviors that may or may not be considered illegal, the responsibility of all employees to foster a harassment-free environment, and what an effective no-tolerance policy might look like that minimizes possible conflicts of interest. Students are given an opportunity to reflect on several issues, (...) including how the agents should act situationally, and how the policy might best be (re)designed and implemented going forward. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

_Sexual Harassment: An Introduction to the Conceptual and Ethical Issues_ covers the most important normative, conceptual, and legal issues associated with sexual harassment. Keith Dromm provides an insightful introduction to the theoretical and practical discussion, examining the most influential approaches to sexual harassment and offering his own analyses. Each chapter ends with review questions, discussion questions, and suggestions for group activities.

“Templeton is, to all intents and purposes, a propaganda organisation for religious outlooks; it should honestly say so and equally honestly devote its money to prop up the antique superstitions it favours, and not pretend that questions of religion are of the same kind and on the same level as those of science – by which means it persistently seeks to muddy the waters and keep religion credible in lay eyes.”.

There is disagreement in the coercion literature over whether an offer, which necessarily lacks a threat, could be coercive, which tends to imply at least some affinity with coercion, which, in paradigm cases, includes a threat. In one difficult sexual harassment case, someone is offered a promotion in exchange for sex, but there is, due to the arrangement of the case, no implied threat or repercussion for refusal. I argue this case counts as coercive since the offer-making attempts to recast (...) the agent's self-image simply by making the offer: the harasser attempts to define his employee as a sexualized object in the workplace to whom it is acceptable to make this kind of offer. Yet, such an offer can only be acceptably made to a woman who would accept sexual intrusions in her career, and it can never be right to assume others are willing to have their business lives sexualized. Thus, the offer is coercive in its disrespect for the employee's autonomy, although it involves no threat. (shrink)

This study drew on three theoretical perspectives – attribution theory, power, and role identity theory – to compare the job-related outcomes of sexual harassment from organizational insiders and organizational outsiders in a sample of UK police officers and police support staff. Results showed that sexual harassment from insiders was related to higher intentions to quit, over-performance demands, and lower job satisfaction, whereas sexual harassment from outsiders was not significantly related to any of the outcome variables investigated. We also examined two (...) moderator variables: equal opportunity support and confidence in grievance procedures. Consistent with our hypotheses, equal oppor- tunity support mitigated the effects of sexual harassment from supervisors on intent to quit and over-performance demands. Confidence in grievance procedures moderated the relationship between sexual harassment from supervisors and all outcome variables. Implications for theory and practice are discussed. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

Most discussions of sexual harassment and laws addressing sexual harassment focus solely on sexual harassment in the workplace and/or in academe. In this paper, I will explore sexual harassment in public spaces such as streets and public transportation. Street and/or transportation harassment is a major problem for women in a number of countries. These forms of harassment constrain women’s freedom of movement, preventing them from taking advantage of opportunities at school, at work, and in politics. I will argue that such (...) harassment must be eliminated if women are to have equal opportunities in society. (shrink)

In industrial societies workplace is the only battlefield where people can kill another without running the risk of facing the courts (Leynman, 1996). This picture of dehumanization work reveals that organizations stand as the scene of the permissibility and the justification of harassment at the workplace (mobbing), whichincreased gradually and adverse effects are alarming at the moment, without considering the quality of working life because so far few companies have woken to the fact that it can no longer continue explaining (...) the bankruptcy and instability of these causes as shrinking market, loss of investors, misguided government policies, strategies ineffective advertising and sale but the time has come to recognize that the conspiracies, sabotage, in a word, the struggle for power within each organization is a kind of silent and asymptomatic disease that eventually will kill to make their recovery process irreversible and even less hope of success, although some leaders unconscious be limited to talk about this as mere gossip, but envy is more professional than a potential threat is a lethal weapon that destroys companies from their foundations and from emerging as such. "Everyone against one !...¡ That is the question!". (shrink)

In industrial societies workplace is the only battlefield where people can kill another without running the risk of facing the courts . This picture of dehumanization work reveals that organizations stand as the scene of the permissibility and the justification of harassment at the workplace , whichincreased gradually and adverse effects are alarming at the moment, without considering the quality of working life because so far few companies have woken to the fact that it can no longer continue explaining the (...) bankruptcy and instability of these causes as shrinking market, loss of investors, misguided government policies, strategies ineffective advertising and sale but the time has come to recognize that the conspiracies, sabotage, in a word, the struggle for power within each organization is a kind of silent and asymptomatic disease that eventually will kill to make their recovery process irreversible and even less hope of success, although some leaders unconscious be limited to talk about this as mere gossip, but envy is more professional than a potential threat is a lethal weapon that destroys companies from their foundations and from emerging as such. "Everyone against one !...¡ That is the question!". (shrink)

Business students from the three NAFTA countries were shown a possible Sexual Harassment scenario from Arthur Andersen’s Business Ethics Program. They were asked to respond to a pre-questionnaire concerning the three characters’ behaviors and possible actions and a post-questionnaire after writing a report from the points of view of the three characters in the scenario. The students were asked to consider whether the characters should report the possible harasser to their supervisor, and thus engage in whistle-blowing behavior, as well as (...) directly confront the harasser. Hypotheses are formulated for the three NAFTA countries based on Hofstede’s cultural dimensions. There were significant differences, but in some cases not in the direction expected. Gender differences are also explored, but there were few significant differences. (shrink)

In a recent paper Carol Hay has argued for the conclusion that “a woman who has been sexually harassed has a moral obligation to confront her harasser.” I will argue in this paper that Hay’s arguments for her conclusion are unsound, for they rest on both a misconstrual of the nature of personal autonomy, and a misunderstanding of its relationship to moral responsibility. However, even though Hay’s own arguments do not support her conclusion that women have a duty to resist (...) sexual harassment this conclusion can draw support from arguments that are independent of hers. Women, then, do indeed have a moral obligation to confront those who sexually harass them. (shrink)

The present study endeavors to give a description of a famous case of sexual harass- ment at the workplace and critique it in terms of its embedment of an intertwined relationship between two pervasive ideologies prevalent in our society: patriarchy and consumerism. By focusing on the favorable conditions, ways of resolution, and outcomes of the lawsuit, this essay approaches the organization- al culture of Mitsubishi Motor Manufacturing of America through the lens of critical theory. Selective literature review on sexual harassment, (...) as well as general coverage of the event by the media and the parties involved demonstrate the validity of the claim that this study has made. (shrink)

Attribution theory is used as a conceptual framework for examining how causal beliefs about peer harassment influence how victims think and feel about themselves. Evidence is presented that victims who make characterological self-blaming attributions are particularly at risk of negative self-views. Also examined is the influence of social context, particularly the ethnic composition of schools and classrooms. It was found that students who were both victims of harassment and members of the majority ethnic group were more vulnerable to self-blaming attributions. (...) In contrast, greater ethnic diversity, that is, classrooms where no one group was in the majority, tended to ward off self-blaming tendencies. Studies of peer harassment are a good context for examining one of the main themes of the special issue, which is how the social context influences the way individuals think and feel about themselves. (shrink)

With more than 700 specific strategies and solutions to use in the classroom, school, and community, this book covers just about everything that educators need, providing a comprehensive and detailed blueprint for an overall plan and policy to prevent and deal with peer harassment.

In his “Reply to Iddo Landau,” Edmund Wall responds to the author’s critique of some of the views expressed in his “Sexual Harassment and Wrongful Communication.” The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful actions (...) that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. (shrink)

In his "Reply to Iddo Landau," Edmund Wall responds to the author’s critique of some of the views expressed in his "Sexual Harassment and Wrongful Communication." The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful actions (...) that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. Key Words: sexual harassment • discrimination • law • ethics • feminism. (shrink)

This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the (...) Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. (shrink)

Margaret Crouch offers a balanced, comprehensive introduction to the philosophical, legal, and empirical issues surrounding the vexed topic of sexual harassment. The book is divided into two parts. The first discusses the competing conceptual schemes under which sexual harassment has been defined, the history of case law surrounding sexual harassment claims, and empirical measures of the extent and common beliefs about sexual harassment. The second part of the book treats philosophical and legal questions surrounding sexual harassment, and a concluding chapter (...) offers some suggestions for a political solution to the controversies. (shrink)

In this article, we discuss the relationships between discrimination, harassment, and the glass ceiling, arguing that many of the factors that preclude women from occupying executive and managerial positions also foster sexual harassment. We suggest that measures designed to increase numbers of women in higher level positions will reduce sexual harassment. We first define and discuss discrimination, harassment, and the glass ceiling, relationships between each, and relevant legislation. We next discuss the relationships between gender and sexual harassment, emphasizing the influence (...) of gender inequality on sexual harassment. We then present recommendations for organizations seeking to reduce sexual harassment, emphasizing the role that women executives may play in such efforts and, importantly, the recursive effects of such efforts on increasing the numbers of women in higher level positions in organizations. (shrink)

: Although many women experience harmful behaviors that fit the legal definition of sexual harassment, very few ever label their experiences as such. I explore how psychological ambivalence expressed as sadomasochism may account for some of this gap. Following Lynn Chancer, I argue that certain structural circumstances characteristic of highly stratified bureaucratic organizations may promote these psychological responses. After discussing two illustrations of this dynamic, I draw out the implications for sexual harassment theory and policy.

Thinking About Sexual Harassment aims to provide the information necessary for careful, critical thinking about the concept of sexual harassment. Part I traces the construction of the concept of sexual harassment from the first public uses of the term through its definitions in the law, in legal cases, and in empirical research. Part II analyses philosophical definitions of sexual harassment and a number of issues that have arisen in the law, including the reasonable woman standard and whether same-sex harassment should (...) be considered sex discrimination. (shrink)

(2000). The treatment of the ‘woman question’ in radical utopian political thought. Critical Review of International Social and Political Philosophy: Vol. 3, The Philosophy of Utopia, pp. 116-139.

: In this essay, I consider the question of whether women have an obligation to confront men who sexually harass them. A reluctance to be guilty of blaming the victims of harassment, coupled with other normative considerations that tell in favor of the unfairness of this sort of obligation, might make us think that women never have an obligation to confront their harassers. But I argue that women do have this obligation, and it is not overridden by many of the (...) considerations that can override other obligations to confront wrongdoers. (shrink)

This case note reviews the guidelines issued by Morison J. in the Employment Appeal Tribunal at the end of the decision in Reed and Bull Information Systems Ltd v. Stedman [1999] I.R.L.R.299. The author argues that while the judge’s decision is to be welcomed in adopting an approach more sympathetic to victims of sexual harassment, it also raises a number of problems by placing a burden on the victim to place the harasser on notice that she does not welcome his (...) conduct. The guidelines are likely to be usefully applied in any jurisdiction that has rules forbidding sexual harassment. The author considers the guidelines from both a practical and a doctrinal angle and indicates that the right to be free from sexual harassment is one that the courts are reluctant to protect like other civil rights. (shrink)