Sexual Harassment in the Federal Workplace Revisited: Influences on Sexual Harassment by Gender

Using data from the U.S. Merit Systems Protection Board's most recent survey on sexual harassment, this study examines influences on sexual harassment in the federal workplace. We investigate the effect of workers'sociodemographic characteristics, aspects of their daily work environment (the sex of the supervisor and female/male ratio of coworkers), and agency location. Drawing on a variety of theoretical models and addressing a limitation of a previous study, we assess whether and how influences on sexual harassment differ for men and women. Not only does the likelihood of sexual harassment differ for men and women, but the determinants of harassment differ as well. Women are more likely to indicate receipt of unwanted sexual attention as their ratio of male coworkers increases, and men are more likely to indicate its receipt as their ratio of female coworkers increases. We also find differential effects for sex of supervisor, age, education, and job type, among other variables. Our analyses highlight that gender conditions the influences on sexual harassment.     

Sexual Harassment in the Federal Workplace

What factors influence the likelihood that a federal worker will receive unwanted sexual attention? Who is most likely to be accused of sexual harassment? What factors influence federal workers' perceptions of the effectiveness of agency sexual harassment training? Using the raw data file of the U.S. Merit Systems Protection Board's most recent survey on sexual harassment, the authors find that worker characteristics are the principal influence on the likelihood that a worker will receive unwanted sexual attention and whether an agency's sexual harassment training is perceived favorably. Contextual factors demonstrate lesser influence. Their conclusions lead the authors to believe that a reevaluation of training programs is in order. A one‐size‐fits‐all training approach may no longer be tenable, if it ever was.     

Westminster Too: On Sexual Harassment in British Politics

At the end of 2017, millions of women used the #MeToo hashtag to draw attention to widespread sexual harassment and assault around the world. In British politics, female politicians, staff members, and journalists opened up about their own experiences, provoking the resignation and party suspension of a number of male Cabinet ministers and Members of Parliament. This article explores how this issue got on the political agenda, what features of politics might foster harassment and discourage reporting, and what solutions might be pursued to tackle this problem. It argues that sexual harassment should be understood as a systemic, cultural problem, rather than a question of problematic individuals. Ignoring the issue of sexual harassment in politics, the article concludes, has serious consequences for gender equality—as well as for democracy itself, reducing policy effectiveness, distorting the political pipeline, and diminishing political transparency and accountability.     

Eye of the Beholder: Partisanship,Identity, and the Politics of Sexual Harassment

Political Behavior - Two current members of the U.S. Supreme Court took their seats despite allegations of sexual harassment (Clarence Thomas) and sexual assault (Brett Kavanaugh) leveled against...     

Employer Liability for Employee Sexual Harassment: A Judicial Policy-Making Study

Since 1964 and 1972 when Congress passed key legislation concerning sex discrimination, the courts have been left to fashion policies on sexual harassment in employment. In 1998, the Supreme Court issued four major decisions in this area, one dealing with suits against school districts, one involving same-sex discrimination, and two pertaining to the application of common law to employer liability in sexual harassment cases. The ruling in the first case is at odds with the others, suggesting that Congress may need to intervene. The other three pose a series of complex issues that could benefit from congressional action and administrative guidance from the Equal Employment Opportunity Commission. The Court's rulings have answered some legal questions, but posed others that will produce extensive litigation in coming years.     

Practices of Implementation of Sexual Harassment Policies: Individual Versus Collective Strategies1

abstract This article examines the implementation of sexual harassment law in the workplace in Germany and the United States. Both countries have developed different approaches to the issue, with certain trade‐offs for the pursuit of gender equality and changes in gender workplace culture. Germany has developed a corporatist, collective strategy. Yet, few German employers have adopted policies and training programs. New policy approaches focus on sexual harassment as a group‐based, but gender‐neutral, issue in the context of general unfair workplace practices of “mobbing.” In contrast, sexual harassment is primarily understood as an individual rights issue in the U.S. This approach emphasizes individual (internal) redress. Social and organizational change comes at a high cost for individuals who have been harassed. Employers’ practices in both countries have turned sexual harassment into a gender‐neutral issue. I conclude that a synthesis of both individual and collective approaches with an explicit focus on gender inequality would be desirable.     

Sexual Harassment: The Nexus Between Gender and Workplace Authority: Evidence from the Australian Public Service

Sexual harassment in the workplace is commonly portrayed as the male supervisor harassing female subordinates. Within this popular characterization, the unequal distribution of formal, organizational power is believed to be a necessary precondition for sexual harassment. The traditional cultural image of harassers and targets has however not kept pace with changing workplace realities. Research has indeed found that female supervisors may in fact be more likely to be subjects of sexual harassment. This article uses survey data from the Australian Public Service to explore this kind of contrapower harassment. Results indicate that a strong link between gender, workplace authority, and sexual harassment exists, but also that this relationship is strongly influenced by age.     

美国司法中性骚扰与学术自由关系之处理

交换性性骚扰和恶意环境性骚扰是性骚扰的两种类型。基于大学的特殊属性,学术自由是受美国宪法保护的权利。20世纪90年代以后,恶意环境性骚扰控告和宪法第一修正案保护的言论自由之间的冲突日益显现,尤其是大学中的恶意环境性骚扰与学术自由之间的关系处理更加复杂。虽然最高法院没有直接说明此问题,但是在大学中第一修正案和恶意环境性骚扰法律之间的紧张,随着在法院诉讼中这些问题的增长而越发明显。     

Regulating Autonomy: An Assessment of Policy Language for Highly Automated Vehicles

Self‐driving cars (also known as driverless cars, autonomous vehicles, and highly automated vehicles [HAVs]) will change the regulatory, political, and ethical frameworks surrounding motor vehicles. At the highest levels of automation, HAVs are operated by independent machine agents, making decisions without the direct intervention of humans. The current transportation system assumes human intervention though, including legal and moral responsibilities of human operators. Has the development of these artificial intelligence (AI) and autonomous system (AS) technologies outpaced the ethical and political conversations? This paper examines discussions of HAVs, driver responsibility, and technology failure to highlight the differences between how the policy‐making institutions in the United States (Congress and the Public Administration) and technology and transportation experts are or are not speaking about responsibility in the context of autonomous systems technologies. We report findings from a big data analysis of corpus‐level documents to find that enthusiasm for HAVs has outpaced other discussions of the technology.     

破解行政执法困境的法治解读

行政执法中的执法不作为与乱作为与执法"有法不遵守、程序不规范、裁量不公正、行为不文明"等密切相关。十八届四中全会提出"深化行政执法体制改革,坚持严格规范公正文明执法"。这是行政执法改革的方向。推进严格规范公正文明执法,必须通过法治化的路径,从以下四个方面予以推进:严格执法以法制完备为前提、规范执法以公开透明为保障、公正执法以裁量正当为重心、文明执法以人性关怀为内核。     

我国基层政府依法行政:困境与出路

现今我国改革处于深水区,各方利益冲突尤为明显,社会法治诉求的不断改变和提高,逐渐要求政府职能转变和制度创新供给,以求社会秩序的良好运行。在基层法治政府的建设中,只有进行权力下放,使有限政府和社会自治相结合,改革行政运行机制,建立中国社会主义法治体系,依法行政以开拓社会自治机制,才能达到社会需求和制度供给的动态平衡、社会和谐。     

属地管理与基层自主性 ——乡镇政府如何应对有责无权的治理困境

属地管理作为一种行政管理体制,强调以地域来划分政府间责任,并赋予属地政府以一定的自主空间,以期实现守土有责的制度目标。对粤东Z镇的调查显示:基层治理中的属地管理更多地是一种责任落实与追究机制,并逐渐演变为上级职能部门甩锅推责的工具,乡镇政府由此陷入一种有责无权的治理困境。但属地高压下的乡镇政府能够充分发挥能动者的作用,发展出一套基于基层自主性的应对之策,其自主性主要体现在乡镇能够依据属地管理任务的事件属性来自主选择应对策略。基层自主性既是一种现实图景,也构成一种审视基层政府角色的分析视角,从而有助于理解权威体制与有效治理之间的张力,也有助于拓展“压力型体制”和“行政发包制”的理论解释力。     

日本《劳务派遣法》及其作用

从1975年起,随着日本国内外经济社会环境的变化、大量外资的涌入、产业升级以及企业用人需求与劳动力供给出现背离等背景下,劳务派遣业也伴随之诞生与增长。     

Gender, Representative Bureaucracy, and Law Enforcement: The Case of Sexual Assault

Using the theory of representative bureaucracy, this paper investigates the relationship between women police officers and sexual assault reports and arrests. The theoretical contribution is to establish a case in which representation is likely to occur, even without a conscious effort on the part of the bureaucrat involved but simply because of the shared experiences of the bureaucrat and the client. Based on a pooled time series of 60 urban areas over an eight-year time frame, this study finds that the percentage of women police officers is positively associated with the number of reports of sexual assault and with the number of arrests for sexual assault.     

论民法典编纂视角下的个人信息保护立法

个人信息保护已经成为互联网时代的重大法律问题之一。个人信息保护涉及多个法律领域、多种法律手段,因此必须采取综合治理的方式来解决个人信息保护问题,构建个人信息保护的多元法律体系。十三届全国人大三次会议将于2020年3月审议表决《民法典》,还将计划制定《个人信息保护法》。因此,我国个人信息保护立法将迎来历史性突破,以民事基本法与行政单行法构筑的我国个人信息保护法律体系将基本形成。