Sexual Harassment Complaints Research Articles

Responding to sexual harassment complaints: Effects of a dissolved workplace romance on decision-making standards

We introduce and provide support for an ethical decision-making framework as an explanation for the social–cognitive process through which observers make decisions about a sexual harassment complaint that stems from a prior workplace romance. We conducted two experiments to examine effects of features of a dissolved hierarchical workplace romance and subsequent harassing behavior on raters' responses to a sexual harassment complaint. In Experiment 1, results based on a sample of 217 employees indicate that their attributions of responsibility for the harassment mediated the link between their knowledge of features of the romance and three recommended personnel actions. In Experiment 2, results based on a sample of 258 members of the Society for Human Resource Management indicate that their degree of recognition of the accused's social–sexual behavior as immoral mediated the link between their knowledge of features of the romance and harassment and their attributions of responsibility. Raters' attributions of responsibility, in turn, predicted three recommended personnel actions. We discuss theoretical and practical implications from an ethical decision-making perspective.

Employee Satisfaction with Sexual Harassment Policies: The Training Connection

This paper explores satisfaction with sexual harassment policies in public sector workplaces, using a survey of municipal employees to address the following policy questions: What types of sexual harassment policies do employees want? How would employees handle complaints of sexual harassment? How satisfied are employees with current workplace policies? What appears to enhance policy and process satisfaction? It concludes that public sector organizations should: Include confidentiality protections and sanctions in policies; Require that parties to a complaint be fully informed of the outcome; Increase awareness and knowledge of policies through employee training; Train supervisors in interpersonal skills and investigatory processes; Utilize teams to investigate allegations of sexual harassment; and, Understand that training and process implementation issues are more important to employee satisfaction than the policy itself.

Legal Factors, Extra-Legal Factors, or Changes in the Law? Using Criminal Justice Research to Understand the Resolution of Sexual Harassment Complaints

Much of what is known about how the law operates is based on the criminal justice process. What is less understood is whether legal, extra-legal, and organizational attributes matter for non-criminal justice processes, such as discrimination and employment disputes. It is this general issue that we examine in this paper. We also incorporate how the development of the legal construct of sexual harassment affects case settlement. Our study attempts to overcome the underutilization of theoretical understandings from the sociology of law to study sexual harassment complaints. We examine 267 sexual harassment complaints against corporate respondents or employing organizations handled by the Canadian Human Rights Commission between 1978–1993 to see what factors influence whether a complaint will be dismissed or settled. Our results show that legal, extra-legal, and case processing factors matter for the resolution of complaints. We also find that the development of sexual harassment as a legal concept is central to understanding the settlement of complaints over time. Finally, we conclude that research on civil and human rights processes should incorporate insights from research on criminal justice processes.

Managing Harassment

AbstractSurvey says: Sexual harassment complaints went up about 10% each year between 1995 and 1998! And even worse, 2 out of 3 complaints had some merit! Clearly, organizations need to learn how to manage this issue, not just be compliant with the law. This article provides interpretations of recent Supreme Court decisions for HR practitioners and new methods for managing harassment in workplaces. It may stimulate those who are reading the article to “step outside the box” and be more innovative in their approach to managing harassment in their organizations so as to create self‐sustaining environments where harassment is unwelcome. © 2001 John Wiley & Sons, Inc.

The discursive enactment of hegemony: Sexual harassment and academic organizing

In this paper, we illustrate the discursive enactment of hegemony through organizational responses to sexual harassment. We draw upon feminist poststructuralist theory to help inform and prohlematize the dialectic of control and resistance evidenced in narratives of sexual harassment. Stories from both victims of sexual harassment and administrators who manage sexual harassment complaints at a major United States university are analyzed and reveal the organizing practices by which the dialectic of resistance and oppression operates. We maintain that the micro‐level practices of this dialectic inform larger macro‐level practices including the gendering of organizations. By and large, we hope to contribute to a more comprehensive understanding of the intersection of sexual harassment and hegemony, one that accounts for the varied material and social organizing practices, and power relationships that shape women's and men's academic organizational experiences.

The Multidimensional Nature of Sexual Harassment

Little information is available concerning women's formal complaints of sexual harassment. Using data from sexual harassment complaints lodged with the Canadian Human Rights Commission between 1978 and 1993, this research attempts to address two concerns: (a) What types of sexual harassment behaviors are experienced by women complainants? and (b) Are these experiences of sexual harassment characterized by isolated or multidimensional incidents? The research shows that women complainants experience a range of behaviors, with quid pro quo harassment occurring in only 14% of the complaints. Complaints are also found to have a multidimensional nature and can be characterized as either containing poisoned environment harassment or quid pro quo sexual behaviors.

Unraveling the Ivory Fabric: Institutional Obstacles to the Handling of Sexual Harassment Complaints

Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 make universities liable for sexual harassment that occurs within both the employment and academic contexts. This article examines how universities implement and enforce the mandates of both Title VII and Title IX through exploratory research about sexual harassment complaint procedures at a public university system on the West Coast. In-depth interviews with personnel at each campus shed light on problems with inserting a complaint resolution process into an institution that simultaneously strives to eliminate sexual harassment, while wanting to protect itself from liability. This inherent conflict of goals is reflected in the differing roles of the Title IX office and the Women's Resource Center, in creation of a user friendly policy, and in the two branches of dispute resolution.

The Role of School Mental Health Professionals in Resolving School-Related Sexual Harassment Complaints

The Role of School Mental Health Professionals in Resolving School-Related Sexual Harassment Complaints

Sexual harassment and the communication conundrum

The rise of both sexual harassment complaints and litigation has made many companies react with strict no tolerance policies causing widespread concern among employees that anything they say might be misconstrued and lead to their termination. This fear is largely unjustified. Most people understand what is being said and do not misinterpret offhand and innocent remarks as sexually harassing. This paper examines some of the areas where the sexes are in agreement as to what does and does not constitute sexual harassment. In doing so, certain forms of behavior are discerned that pose a particular problem. By pinpointing specific areas where communication is especially ambiguous, educators and trainers can focus their resources and dramatically reduce sexual harassment in the workplace.

Sexual harassment in the workplace

Emphasizes that sexual harassment covers a wide range of unacceptable activities, can be committed by a wide range of people, and can happen to almost anybody, irrespective of gender and age. Stresses the need to prevent sexual harassment, setting out the steps that can be taken under US law. Sees training as a key to stopping sexual harassment, briefly indicating what this training could cover. Also looks at what employers should do upon receiving a complaint of sexual harassment. Points out that prompt, appropriate and effective action by the employer provides an effective defence, if a case is brought by the US Equal Employment Opportunities Commission.

Arbitration, mediation, and sexual harassment.

The 1998 Supreme Court decisions in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth recognized an affirmative defense to hostile environment sexual harassment claims based in part on the existence of an effective policy prohibitiong sexual harassment in the workplace. The promulgation or refinement of policies prohibiting sexual harassment will likely lead to an increase in complaints of sexual harassment. This article concludes that mediation and arbitration procedures which follow recognized standards of due process are appropriate means to resolve these claims and may substantially contribute to the Title VII goal of eradicating discrimination from the workplace.

Managing human behaviour in the motor vehicles and parts industry

Looks into sexual harassment complaints at Mitsubishi Motors in Illinois, USA, which could become the largest sexual harassment case in US history with nearly 500 female plaintiffs eligible to receive a total amount of US$150 million in compensation and damages. Mentions other foreign companies operating in the USA, which have been charged with violation of employee rights. Mentions Employment Practices Liability insurance, which protects companies against the costs of workers winning damages in cases of discrimination or wrongful discharge. Attributes some of these employee abuse problems to the lack of flow of information within a company’s communication network. Points out that most companies have got downward communication from top management to employees sorted out, but that other forms of communication are lacking. Suggests that this might be due to control, incompetence, lack of understanding and unfairness when dealing with various societal groups – all of which can cost organizations a load of money, particularly in the litigious USA.

Why sexual harassment complaints fall on deaf ears

Executive Overview Several high profile sexual harassment cases have been reported in the news media recently. It appears that many organizations are slow to respond to internal complaints of sexual harassment, forcing victims to go outside the organization to seek redress through the court system. These failures to respond to complaints—what we have come to identify as the “deaf ear” syndrome—is surprising in light of the well-publicized costs to human resources, organizational reputation, and the bottom line. This paper investigates some of the factors and dynamics that contribute to organizational inaction. Based on interviews with EEOC attorneys who specialize in sexual harassment litigation, a review of relevant literature, and recent media examples, we identify three themes that are associated with deaf ear syndrome: (1) inadequate organizational policies and procedures, (2) managerial rationalizations, and (3) inertial tendencies. Fortunately, a few responsive organizations provide examples of best practices.

The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.

The Power of Law and the Sexual Harassment Complaints of Women

Media reports about those who seek legal empowerment present a less optimistic view. Most notably, the sensationalizing of Anita Hill's sexual harassment complaints dramatized the lack of control victims have over the destiny of their complaints and even their own participation in them (Mayer and Abramson 1995; Morris 1994). In addition, the U.S. Navy's failure to indict members of the Tailhook Organization for the harassment and assault of Lieutenant Paula Coughlin and others underscores just how little power legal action affords (Francke 1993, 1994; Office of the Inspector General 1995). Furthermore, studies of sexual harassment litigation indicate that only a small portion of those who file charges ever prevail. Less than 1 percent of claims filed with government agencies are ever litigated. Furthermore, less than 33 percent of judgments rendered in sexual harassment cases favor plaintiffs (Terpestra and Baker 1988, 1992). Million dollar awards are the exception not the rule. More often, settlements and awards average one month's salary (Coles 1982). Thus skeptics have begun to question the limits of legal empowerment for sexual harassment victims (Smart 1989, 1995). Acknowledging the plight of sexual harassment claimants, legal research has revealed a number of procedural and substantive shortcomings of sexual harassment legislation and case law (see for example Crenshaw 1992; Dodier 1987; Ehrenreich 1990; Fechner 1990; George 1993; O'Neill 1989; and Winston 1991). In lieu of their research have come calls for

The Effect of Harasser Performance Status and Complainant Tolerance on Reactions to a Complaint of Sexual Harassment

An experiment was conducted to assess the effect of victim tolerance, harasser performance status, and decision maker sex on reactions to a complaint of sexual harassment. Judges’ reactions were less favorable toward the complainant when she had endured the harassment and when her harasser was an above-average performer. Also, relative to males, female decision makers’ reactions were more favorable toward the complainant and less favorable toward the perpetrator. The implications of the findings for training and organizational efforts to counter sexual harassment in the workplace are discussed.

HOW THE BEST COMPANIES ARE PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE

Sexual harassment is a major concern in today's work environment. Employee sexual harassment complaints have increased substantially year after year. This issue is at the forefront of today's most sensitive topics in American business. Progressive employers are taking steps towards preventing sexual harassment to increase morale and reduce legal costs.

What, Sexual Harassment in My Utility?

What has gone on for years in your utility may be illegal today. Does this ever happen in your system? An elderly director regularly given the “girls” in the office a hug. During breaks, employees tell off‐color jokes. Some employees bring Playboy‐type magazines and calendars to work. The superintendent/operator/manager sees to it that he's often alone with one employee. The superintendent/operator/manager teases about sexual favors in return for getting ahead. If so, you may be courting a sexual harassment complaint and/or lawsuit.

Understanding and Effectively Managing Sexual Harassment

Although sexual behaviour in the workplace is not a recent phenomenon, only within the past ten years have companies began to understand the implications of sexual harassment in the corporate environment. In a 1988 study, Working Woman magazine stated that 90 per cent of Fortune 500 companies had received sexual harassment complaints; and these sexual harassment problems cost the average Fortune 500 company approximately $6.7 million per year in legal costs, employee absenteeism, turnover and lack of production [4, p. 67].

The influence of a history of romance on judgments and responses to a complaint of sexual harassment

Results indicated that a female complainant was seen as less innocent and an accused male less guilty when they had previously been romantically involved. As a consequence, decision makers felt it was more appropriate to be lenient in responding to the accused. Also, as demonstrated in previous research, male and female decision makers differed in their judgments and responses to a complaint of sexual harassment. These results have implications for organizational policies concerning workplace romance and for training people to deal with complaints of sexual harassment.