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 in many countries, and is a form of
abuse (sexual and psychological) and bullying.
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.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. (Dziech, 1990)
Statistics
Sexual harassment in the workplace
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.[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.[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.[6]
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.
[7]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.[8] 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. 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.[9] In their 2002 study, the AAUW reported
that 38% percent of the students were sexually harassed by teachers or school employees.[7]
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)[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."[10]
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."[11]
Types of harassment
This list below is based on categories defined by Dzeich (Dzeich et al,1990) and Truida Prekel, a South African management
consultant.[12] 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.
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. (For an
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, 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.[13]
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. They like to insist on (usually
begrudged) kisses or hugs and sometimes involving grabbing the woman's breasts or buttocks. 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.[14][15]
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. 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. 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.
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.,
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. 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. 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.[16] 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.[17] And stories of sexual abuse and
harassment in sorority initiations are also appearing more and more frequently in the popular media. [18] 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. 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.[16]
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. [19] They risk hostility and isolation from colleagues, supervisors, teachers,
fellow students, and even friends. They may become the targets of mobbing or relational aggression.[20]
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.[21] Fear of being targeted for harassment or retaliation themselves may also cause some women to
respond with hostility.[22] 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.[22]
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. 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. [22][21]
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. 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."[23]
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:
- 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.[20][24][25][26][27]
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; loss of
students who leave school to avoid harassment
- Decreased productivity and/or increased absenteeism by staff or students 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 and/or students 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 or school's image can suffer
- Legal costs if the problem is ignored and complainants take the issue to court.(Boland 1990)[28][27][29][30][26]
Evolution of sexual harassment law
United States
Workplace
In the United States, the Civil Rights Act of 1964 Title VII prohibits
employment discrimination based on race, sex, color, national origin or religion. 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.[31] 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. In the 1986 case of Michelle Vinson v. Merit One Savings Bank, 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." 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. 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. 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. 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
at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or
the harasser.
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."
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 i