The Paradox of Complaining: Law, Humor, and Harassment in the Everyday Work World

This article addresses the question of women's seeming rejection of sexual harassment law by refusing to apply the label "sexual harassment" in the face of incidents that would easily qualify as such. Building on the work of Bumiller (1988) and the tradition of sociolegal studies focusing on understanding the power of the law in its everyday context (e.g., Merry 1979; Engel 1987; Sarat and Kearns 1993), this analysis explores the "tactical milieu" in which both hostile work environment sexual harassment and tactics for its resistance are produced. Using in-depth interviews with both women and men, the author explores the ways a particular form of hostile work environment harassment–dubbed "chain yanking"–poaches on the realm of ambiguous humor to effect male group solidarity and women's disempowerment. A common countertactic–"not taking it personal"– is analyzed for its simultaneous power as resistance and unwitting collaboration. The contradictory effects of this tactic-countertactic pairing on the naming and claiming of the harm of sexual harassment are examined, as well as the implications this has for combating sexual harassment in the workplace.     

Selective Sexual Harassment: Differential Treatment of Similar Groups of Women Workers

If male workers categorize different groups of women coworkers and, subsequently, treat them differently, the experiences of women from one of these groups would not be indicative of the experiences of women from another group. When this different treatment involves hostile environment sexual harassment of one group, but not the other, then the law must recognize the possibility of "selective sexual harassment." Without this understanding of the nuances of the workplace dynamics, a court could mistake the women of the unharassed group as representing "reasonable women" and the women of the harassed group as simply oversensitive. This paper draws on empirical data to demonstrate such a situation and advocates for a version of the "reasonable victim" standard to facilitate a closer analysis of hostile environment sexual harassment suits.     

美国工作场所性骚扰雇主民事责任之研究

工作场所性骚扰在美国被认为是性别歧视行为和对妇女平等工作、就业权的侵害行为,包括交换利益性骚扰和敌意工作环境性骚扰两种形式。对于交换利益性骚扰,雇主应承担严格责任;对于敌意工作环境性骚扰,应根据性骚扰者属管理者或职员的不同身份,适用不同的归责原则,但雇主得以自己无过错而提出抗辩。美国联邦法院通过合理的证据规则、专家证人制度以及惩罚性赔偿制度的运用,更有利于对受害人的保护。     

"People Are Too Quick to Take Offense": The Effects of Legal Information and Beliefs on Definitions of Sexual Harassment

Using data from a nationwide study of sexual harassment in the United States' federal workplace, this article investigates how legal understanding, opinions about the regulation of sexual harassment, and social status affect whether people define uninvited sexual jokes or remarks as harassment. The results indicate that how people define sexual harassment is directly related to the extent to which they view sexual harassment rules as ambiguous and threatening to workplace norms. Moreover, results show that while women generally define sexual harassment more broadly than men, they actually resist defining sexual jokes or remarks as harassment. Finally, knowledge of the workplace sexual harassment policy moderates the effect of beliefs on definitions of sexual harassment. These findings suggest a complexity in the way people reconcile their knowledge of the law with their personal views about power and social interaction in the workplace.     

“Because of … Sex”: the Historical Development of Workplace Sexual Harassment Law in the USA

The current article tracks the historical development of the law of workplace sexual harassment. It begins with a discussion of the implementation of the law that serves as the basis for most sexual harassment cases in the federal courts, Title VII of the Civil Rights Act of 1964. The article then discusses the developments that permitted sexual harassment to come within the purview of the antidiscrimination language of Title VII. Then, the major federal legal cases that have defined the contours of sexual harassment law are discussed. Finally, the current procedures to file sexual harassment claims in the Equal Employment Opportunity Commission, state agencies, and federal and state court are described.     

职场性骚扰雇主责任的法经济学分析

职场性骚扰雇主责任就是雇主要为其雇员的性骚扰行为负责任。通过法经济学的分析,对于监督管理者雇员实施的交换型性骚扰雇主承担严格责任;对于敌意环境型性骚扰雇主承担过错责任。这对预防与抑制职场性骚扰更有效率,同时,可以使社会成本降到最低。     

Perceptions of Sexual Harassment: The Effects of Gender,Legal Standard,and Ambivalent Sexism

This research tests the possibility that the reasonable woman as compared to the reasonable person test of hostile work environment sexual harassment interacts with hostile and benevolent sexist beliefs and under some conditions triggers protectionist attitudes toward women who complain of sexual harassment, We administered to a sample of undergraduates the ambivalent sexism inventory along with the fact patterns in two harassment cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. We found that those high in hostile sexism, and women, found more evidence of harassment. However, those high in benevolent sexism did not exhibit the hostile sexism effects. Although men were less sensitive to the reasonable woman standard than women, under some conditions the reasonable woman standard enabled both genders to find greater evidence of harassment. The results are discussed from the perspectives of law and psychology.     

The Reasonable Woman Standard: Effects on Sexual Harassment Court Decisions

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.     

An administrative dilemma: Sexual harassment and liability

Conservative estimates suggest that 40% of working women and 15% of their male counterparts have experienced some form of sexual harassment; and law enforcement personnel are no exception. Police officers are expected to adhere to the highest ethical standards and are subjected to greater public scrutiny than civilians. With criminal and civil remedies readily available to deter police misconduct, police agencies should be establishing policies that take a strong, pro-active stance against sexual harassment in the workplace. Surprisingly, though, 34% of police agencies in this country are still without formal policies regulating such behavior. This article is a guide to the legislation and case law that regulates those behaviours. Recommendations for policy formulation and implementation also are included. sexual harassment in the workplace presents a clear and present danger to law enforcement agencies. A recent survey found that thirty-four percent of law enforcement agencies in the United States have yet to formulate a written sexual harassment policy.     

Liability for sexual harassment in criminal justice agencies

This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace.     

Resisting the Enforcement of Sexual Harassment Law

Most people in the United States believe that sexual harassment should be illegal and that enforcement is necessary. In spite of such widespread support for antiharassment regulations, sexual harassment policy training provokes backlash and has been shown to activate traditional gender stereotypes. Using in‐depth interviews and participant observations of sexual harassment policy training sessions, this study uncovers the micro‐level mechanisms that underlie ambivalence about the enforcement of sexual harassment law. I find that while the different locations of men and women in the status hierarchy lead to different manifestations of resistance, gender stereotypes are used to buttress perceptions that sexual harassment laws threaten norms of interaction and status positions that men and women have an interest in maintaining. The research has implications for understanding the role of law in social change, legal compliance, and the potential/limits of law for reducing inequality.     

Workplace Sexual Harassment in Policing: Perceived Psychological Injuries by Source and Severity

Relatively little is known about employee perceptions of workplace psychological injuries following sexual and nonsexual harassment. In quasi-military occupational organizations, such as policing, the rate of sexual harassment to workplace injuries from other sources is comparatively high. In an exploratory 5?×?2 between-subjects factorial experimental projection study, 220 New South Wales Police Force officers responded to one of ten experimental vignettes in which sources of psychological injury and the gender of the injured worker were systematically varied. Results revealed an unexpected effect of experience. Employees aged 30 years and older were significantly more likely to anticipate psychological consequences and clinically diagnosable symptoms than their younger counterparts. As hypothesized, a main effect of injury source, but not gender of the target, emerged for the severity of psychological consequences: a physical injury was perceived to produce significantly more severe psychological injuries than sexual harassment in the form of coercion and unwanted sexual attention. Contrary to the hypothesis, participants rated gender-based hostility higher than other types of sexual harassment as a source of severe psychological harm. Participants believed that gender-based hostility requires more professional intervention and predicted more negative workplace consequences than other psychological injuries caused by other workplace events. As hypothesized, women employees were generally viewed as significantly more vulnerable to negative workplace outcomes than men. The police officers who participated in this study considered women as more likely to experience workplace problems following sexual coercion than other types of workplace injury. Physical injuries, gender-based hostility, and sexual coercion were distinguished from nonsexual harassment and unwanted sexual attention as significantly more likely to produce clinically diagnosable injuries, irrespective of target gender. Implications of these findings for research, practice, and legal policy are discussed.     

Injustice Frames, Legality, and the Everyday Construction of Sexual Harassment

This paper examines the frames that women use to understand their experience with sexual harassment. While legal frames do provide crucial guidance to women evaluating the behavior of their colleagues and supervisors, working women deployed a number of other interpretive frames when deciding whether they had been harmed by such behavior. Some of those frames emerge from feminist messages about discrimination and male abuse of power in the workplace; some emerge from management ideology that emphasizes efficiency and productivity; and some emerge from the criticism of sexual harassment policies as an unnecessary limitation on women's sexual freedom. But feeling a sense of harm does not automatically translate into the use of the label sexual harassment . Rather, women also employed an objective standard that compared their experience to some threshold of harassing behaviors. Only when the behaviors met this standard of offensiveness and were perceived as harmful did women consider their experiences sexual harassment.     

Reinstatement of the sexual harasser: the conflict between federal labor law and Title VII

Greater numbers of employers are adopting and vigorously enforcing policies prohibiting sexual harassment in the workplace. Discipline, including possible termination of employment, often is prescribed for the violation of such policies. When employees are represented by a union and covered by a collective bargaining agreement, final decisions relating to discipline often are made by arbitrators pursuant to the agreement's grievance and arbitration procedure. For a variety of reasons, arbitrators may decide that a lesser form of discipline than that imposed by the employer is warranted for acts of sexual harassment. Such arbitration awards present a substantial conflict between two compelling public policies--the public policy favoring the private resolution of workplace disputes and the public policy against sexual harassment. This article will address the several federal courts of appeals' decisions that have attempted to resolve this conflict.     

Social analytic investigation of hostile work environments

This paper presents a brief psycholegal analysis of hostile work environment sexual harassment law especially as it distinguishes between the reasonable person and reasonable woman tests of severity and pervasiveness. We tested two hypotheses: (1) women (but not men) would show stronger judgments of harassment when using the reasonable woman standard, and (2) this relationship would be strongest for women who identified with harassed victims and men who did not. We presented to a sample of undergraduates an in-group identification measurement task followed by the fact patterns in two cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. Although we found gender and in-group identification effects, we found no legal standard effects. The results are discussed from the perspectives of law and psychology.     

职场性骚扰与女性劳动者权益的法律保障

近年来,职场性骚扰日益成为一个严重的社会问题,不仅直接损害了女性的身心健康,而且从根本上威胁到了女性劳动者的人权.职场性骚扰是两性不平等的产物,它的存在反过来又强化了这种不平等.我国目前在处理职场性骚扰案件方面还存在诸多不足,应该以明确性骚扰概念为起点,建立完善的性骚扰处理机制,以有效应对职场性骚扰的不良影响,确实保护女性劳动者权益.     

Here comes the judge: the influence of judge personal characteristics on federal sexual harassment case outcomes

This study explored the effects of judges' personal characteristics (gender, race, age, and political affiliation) and case characteristics on the outcomes of federal cases of hostile environment sexual harassment. Results revealed that even after controlling for the effects of relevant case characteristics (e.g., severity of the harassment), judges' personal characteristics influenced case outcomes. Specifically, younger judges and Democrat judges were more likely to find for the plaintiff (the alleged victim of harassment). The probability that the decision would favor the plaintiff was only 16% when the case was heard by an older judge but 45% when heard by a younger judge. The probability that the decision would favor the plaintiff was only 18% when the case was heard by a judge who had been appointed by a Republican president but 46% when the judge had been appointed by a Democrat president.     

Sexual Harassment Litigation: a Road to Re-victimization or Recovery?

Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n?=?1218) and another sample of similarly situated women who opted out of litigation (n?=?465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience.     

The Impact of Psychological Injuries on Sexual Harassment Determinations

Although a plethora of studies focus on jury decision making in sexual harassment cases, few studies examine damage award assessments in such suits, and even fewer explore the impact of psychological injury on jurors’ liability and damage award assessments. In the present study, 342 undergraduates read a hostile environment sexual harassment case that manipulated the plaintiff’s psychological injury level (severe vs. mild vs. control) to investigate whether males and females made different damage decisions. Males using a reasonable person standard found more liability as the severity of the plaintiff’s psychological injury increased. However, males using a reasonable woman standard found less liability with the addition of any psychological injury information. Similarly, for mild and severe injuries, males using the reasonable woman standard awarded lower damages than males using the reasonable person standard. Females tended to find more harassment than males, but psychological injury and legal standard had little impact on females’ legal decisions. We discuss these findings in light of the positive relationship often observed between the plaintiff’s injury severity level and pro-plaintiff verdicts.     

A Multidimensional View of Legal Cynicism: Perceptions of the Police Among Anti‐harassment Teams in Egypt

In Egypt in 2012, several anti‐harassment groups were established to respond to an increase in sexual violence in public spaces and to the failure of the state to tackle the issue. Anti‐harassment groups organized patrol‐type intervention teams that operated during demonstrations or public celebrations to stop sexual assaults. This article examines how activists perceived the police in five anti‐harassment groups between 2012 and 2014, and the role these perceptions played in groups' decisions about cooperating with the police, and on‐the‐ground strategies of action. I argue for a multidimensional view of legal cynicism that conceptualizes legal cynicism as composed of three dimensions: legitimacy (a sense that law enforcement agencies are not entitled to be deferred to and obeyed), protection (a perception that the law fails to protect rights and provide public safety), and threat (a perception that the law represents a threat). This approach helps uncover the various meanings that legal cynicism takes for different actors in different contexts, and how actors justify their strategies of action based on their specific perceptions of the police's legitimacy, protective role, and threat.