Addressing Sexual Misconduct in the United States Military: An Organizational Approach

Abstract

Sexual assault and harassment are ongoing problems in the military. This Article, co-authored by an expert on workplace sex discrimination and a former military officer, examines this problem from an organizational perspective. Social science research finds that organizational climate and composition strongly predict the occurrence of sexual harassment. A positive organizational climate decreases the prevalence of sexual harassment, reduces retaliation against those who report it, and lessens its job-related and psychological impacts. In contrast, organizations that tolerate sexual harassment are associated with greater levels of harassment and worse outcomes for victims. Workplaces where men significantly outnumber women are also associated with increased rates of sexual harassment. Building on this social science research, we propose a set of legal and policy reforms designed to improve the representation of women in the military and reduce its hypermasculine culture. These reforms include establishing diversity goals and targets, instituting gender-neutral physical fitness standards, and ending male-only draft registration. As our analysis demonstrates, these organizational reforms are both permitted and mandated by constitutional law.