The sexual harassment and exploitation in employment as a manifestation of discrimination in a workplace

＂Sexual harassment＂ is a key-word used for determining the most different behaviours. In the past Polish legal system there were no terms of harassment, sexual harassment or mobbing, but nowadays those terms have legal definitions in Polish law. The sexual harassment at the work according to the Polish Labour Code is defined as not-accepted behaviour about sexual character or referring to the sex of an employee, of which infringing an employee＇s dignity or humiliating her or him is a purpose or an effect of it. The sexual harassment is a form of harassment. The sexual harassment can be classified not only as a violation of labour laws but also as a prohibited act within the meaning of criminal law or civil law delict. The Sexual harassment can be a single behavior or can also occur as a sequence of behavior. This must be the unacceptable behaviour by a particular victim （not by reference to a standard employee, and generally prevailing standards）. The lack of consent must be expressed in some way on the outside by verbal opposition or demonstrated that opposition in other ways, such as pushing back the perpetrator. Behavior of the offender must be deliberate and intentional and the effect as that does not necessarily has to occur because it is enough to just act intentional. The sexual harassment can include physical, verbal or non-verbal elements. A sequence of behaviour （several activities） which accomplish characteristics of sexual harassment and in addition realize the condition of permanence and durability can also fulfill the characteristics of mobbing.     

Consequences of sexual harassment in sport for female athletes

Abstract

Sexual harassment research was first undertaken in the workplace and educational settings. Research on sexual harassment in sport is scarce but has grown steadily since the mid-1980s. Even so, very little is known about the causes and/or characteristics and/or consequences of sexual harassment in sport settings. This article reports on the findings from interviews with 25 elite female athletes in Norway who indicated in a prior survey (n = 572) that they had experienced sexual harassment from someone in sport. The consequences of the incidents of sexual harassment that were reported were mostly negative, but some also reported that their experiences of sexual harassment had had no consequences for them. ‘Thinking about the incidents’, a ‘destroyed relationship with the coach’, and ‘a more negative view of men in general’ were the most often negative consequences mentioned. In addition, a surprising number had chosen to move to a different sport or to drop out of elite sport altogether because of the harassment.     

Explaining Sexual Harassment Judgments: Looking Beyond Gender of the Rater

Law and Human Behavior - In two decades of research on sexual harassment, one finding that appears repeatedly is that gender of the rater influences judgments about sexual harassment such that...     

Sexual harassment stories: testing a story-mediated model of juror decision-making in civil litigation

The story model of juror decision-making proposes that jurors use personal experience and information presented at trial to create stories that guide their verdicts. This model has received strong empirical support in studies using criminal cases. The research presented here extends the story model to civil litigation and tests a story-mediated model against an unmediated model of jury decision-making. In Phase 1, content analysis of mock juror responses to 4 realistic sexual harassment cases revealed prototypic plaintiff and defense stories. In Phase 2, these prototypic stories were included as mediators in a model predicting verdicts in 4 additional sexual harassment cases. Mock juror attitudes, experiences, and demographics were assessed, then attorneys presented abbreviated versions of 4 actual sexual harassment cases. Path analyses provided support for the story-mediated model, which added significantly to the amount of variance accounted for in the outcome measures of verdict, commitment to verdict, and confidence times verdict. Implications for sexual harassment and other types of civil cases are discussed.     

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.     

职场性骚扰雇主替代责任说质疑

雇主对职场中发生的性骚扰行为承担责任的性质,存在着替代责任说和自己责任说两种相对立的观点。解决职场性骚扰情况下雇主责任的承担有两种路径：侵权责任法和劳动法。通过侵权责任法解决职场性骚扰的责任,雇主承担对自己安全保障义务违反的不作为责任,属于过错责任,自己责任。在劳动社会保障法领域,雇主承担对劳动者保护的法定义务,应该提供给劳动者较好的工作环境,如果雇员违反法定义务致使雇员受到损害,雇主应该承担赔偿责任,是违反劳动法规定的法定义务承担的后果,其实质仍然是一种自己责任。     

性骚扰防治对策探析

性骚扰危害受害人的身心健康，影响婚姻关系的建立与稳定，影响职业发展、造成经济损失，扰乱社会秩序。我国现行法律在不同的立法层面上明确了反对性骚扰的法律原则，妇女权益保障法又将性骚扰纳入了法律范畴，但没有关于性骚扰的专门立法；现行法律规定过于原则、笼统、空泛，缺乏可操作性；法律规定不周全、不延续。应加强立法，填补法律空白，并在刑法典中增设“性骚扰罪”的有关规定；建立起性骚扰的社会预防和防治机制。     

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.     

Defining appropriateness in coach-athlete sexual relationships: The voice of coaches

Abstract

The sporting culture, with omnipotent coaches, fierce competition for recognition and funding, and ‘win at all costs’ ethos, creates an environment conducive to sexual exploitation of athletes. Recent increased public awareness and the development of child protection policies in sport have led to the questioning of previously accepted coach-athlete relationships. This study is an exploratory investigation into male swimming coaches' perceptions of appropriateness of coach-athlete sexual relationships. Sexual relationships with athletes under the age of 16 were unanimously considered totally inappropriate. With regard to sexual relationships with athletes above the age of consent, opinions ranged from ‘totally inappropriate’ to ‘it’s a question of civil liberties.' These results are discussed in relation to how coaches have adapted their own behaviours in the face of public scrutiny but are still reluctant to restrict the rights of their fellow coaches.     

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。     

性骚扰民事诉讼特别规制研究

对于日益增多的性骚扰案件,研究如何在民事诉讼方面进行特别的规制是至关重要的.根据性骚扰案件的特点,从证据、审理和救济三大方面作出符合性骚扰案件特性的规定:(1)合理运用证据规则,实现证明责任的特殊配置,并且在取证方式的合法性问题上予以适当的放宽;(2)在性骚扰案件的审理期间要特别注重对诉讼参加人的隐私权进行严格的保密与保护;(3)确立惩罚性赔偿以及用人单位责任,切实保护性骚扰案件的受害者,法院还可以适当运用司法建议的方式来遏止和预防职场性骚扰行为的发生.     

Running the gauntlet: An examination of initiation/hazing and sexual abuse in sport

Abstract

When does sport initiation become sexual abuse? What can sport organisations do to ensure that the practice of sport is a safe and high quality experience for all? In this paper research on the initiation practices used by the military and North American universities and sport teams is used to explore links between such practices and physical and sexual abuse. In particular, the dynamics of peer abuse, consent and expressions of masculinity are examined. We question whether there can be acceptable initiation practices in sport (Hoover, 1999) and challenge the place of these ‘macho rituals’ (Weinstein et at, 1995) in sport. We make particular use of an expanded version of the continuum of sexual abuse (Brackenridge, 1997b) and of the sport imperatives identified by Kirby, Greaves and Hankivsky (2000). The paper concludes with recommendations for best practices in athlete-centred sport.     

性骚扰侵权责任探究

性骚扰是指违背当事人的意愿,采用包括语言和动作在内的一切与性有关的挑逗、侵犯和侮辱等方式,造成他人生理、心理损害或精神紧张的行为。它侵害的是受害人的性尊严权,具有严重的危害性。对于这种侵权行为,受害人可依法主张侵权人承担侵权责任。性骚扰侵权责任的承担方式有：停止侵害;赔礼道歉;赔偿损失,包括物质损害赔偿、精神损害赔偿、惩罚性损害赔偿。     

Relationship Between Childhood Sexual Abuse Characteristics and Dissociation Among Women in Therapy

This study investigated the relationship between 10 characteristics of childhood sexual abuse and dissociation in adulthood. A structured clinical interview, the Dissociative Experiences Scale, and the Dissociation Subscale of the Symptom Checklist 90 - Revised were administered to 118 women survivors seeking psychotherapy. Separate stepwise multiple regression analyses were conducted for each dissociation scale to determine which abuse characteristics were predictive of dissociation. In both analyses, the same four variables were significantly related to dissociation: age at onset, coercive sexual acts, objectifying sexual acts, and concurrent multiple perpetrators. Implications of findings for future research and clinical practice are explored.     

Self-reported crime rates of women prisoners

This paper presents findings from the first study of female prisoners' self-reports of criminal activity. Using the criminal career paradigm to frame the analysis, self-reported estimates of crime participation and frequency rates were examined for eight felony crimes. Important similarities between women and men were found in overall patterns of crime. Specifically, a small proportion ofboth women and men described committing a large portion of the total crimes reported. These data also suggest that women and men are similar in violent crime participation — a finding that varies from the current literature. Once active in a crime type, women and men committed assault, theft, and forgery at significantly different rates; no gender differences were found in the annualized frequency rates of burglary, robbery, motor vehicle theft, fraud, and drug dealing. However, although statistical differences were not found in the overall frequency of drug dealing, specific patterns of drug dealing reflected considerable gender variation, with a larger proportion of the female sample committing very frequent (daily) drug dealing activity. The findings reflect the value of the criminal career paradigm for the study of gender differences. Future research should include largescale quantitative designs that allow detailed analyses of correlates of the distinct criminal career dimensions.Points of view are those of the author and do not necessarily reflect the official position of the U.S. Department of Justice.This research was funded in part by the National Institute of Justice, Grant 87-IJ-CX-0048.     

The impact of specific battering experiences on the self-esteem of abused women

This study examined the self-esteem of 48 women who were identified as battered and compared them to a group of 48 nonbattered women. As expected, the group of battered women experienced lower self-esteem than the nonbattered women. Four clusters of battering experiences were also identified: Physical Abuse, Emotional/Controlling Abuse, Sexual/Emotional Abuse, and Miscellaneous Abuse. Analyses indicated that Emotional/Controlling abuse was the only abuse cluster that was significantly related to lower self-esteem. The findings suggest that abuse that is controlling in nature might play a significant role in the feelings of powerlessness and hopelessness noted in battered women and may contribute to the difficulty that some battered women have in terminating their abusive relationships.     

The aftermath of child sexual abuse of African American and white American women: The victim's experience

Several aspects of the victim's personal experience in the aftermath of child sexual abuse are described. Subject recruitment involved a multi-stage stratified probability sample of 126 African American and 122 White women, ages 18 to 36 years in Los Angeles County, matched on education, marital status, and the presence of children. Few ethnic differences were related to the initial response and short-term effects of the victim's experiences. Lasting effects of sexual abuse included sexual problems for women of both ethnic groups, but avoidance of men resembling the perpetrator was identified among African American women. Ethnicity may be a contributing factor to other adjustment related problems that African American women encounter in addition to their child sexual victimization. The implications of these findings and issues in the assessment of the aftermath are discussed.     

Towards identifying and ranking selected types of violence against women in North India

ABSTRACT

The paper is aimed at identifying and ranking different types of violence against women (VAW) in states of Delhi and Haryana in Northern India. Examples of gender-specific violence were selected through an extensive review of the literature. The types of VAW reviewed include the lower economic value of daughters at birth (females being considered a liability rather than an asset), rampant female feticides aided by proliferation of often illegal prenatal diagnoses, maternal morbidity, and mortality rates, physical and emotional abuse and neglect of female children, “honour” killing of women, exclusion and deprivation of women from medical treatment and nutrition, their subjection to assaults and rape (including marital rape), insufficient compliance to women’s legal rights of inheritance, arranging early marriages of girls, dowry deaths, female sexual harassment, and intimidation in community and workplace, female trafficking and prostitution, and so forth.

The conceptual frame of reference used for the study was provided by the culturally sanctioned legitimation of the patriarchal system of Indian family as well as by people’s perceptions and attitudes. Data were collected through the survey method in two phases. A preliminary survey was conducted during the first phase for developing the questionnaire items to be used for data collection in the phase two of the study. The findings of the study are presented and reveal participants’ rankings of selected types of VAW by degree of relative importance. Data, based on secondary sources as well as a non-random sample of respondents, were analysed to assess the various areas which demand immediate redress. We also interpret data based on selected criteria and suggest few optimistic future trends in regard to addressing and preventing VAW.