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.     

Perspective and procedural justice: Attorney and litigant evaluations of court procedures

A comparison of the procedural justice judgments of attorneys and those of lay people judging the same procedures offers an opportunity to generate new information on what factors affect judgments of fairness. In a survey of reactions to conventional and innovative procedures in a United States district court, attorneys and lay people involved in tort and contract cases were asked to judge the overall fairness of court procedures and the fairness of specific procedures used in arbitration hearings. The respondents were also asked for their judgments concerning the favorability of the procedure's outcome, the opportunity to have the case heard and decided by an impartial third party, and their side's control over what happened in the case, all of which are factors found in previous studies to affect procedural fairness judgments. The results showed that, while attorneys gave higher overall fairness ratings than did litigants, the difference was not affected by the procedure assigned to the case. In addition, attorneys and litigants appeared to use the same standards to evaluate the fairness of procedures, although they disagreed about where the procedures they experienced fell on these dimensions. The theoretical and practical implications of the results are discussed.     

Gender targets and trickle-down effects: Avoiding the ‘decoupling dynamics’ that limit female representation in senior roles

Women constitute the majority of the Australian public sector workforce, but their representation in senior roles is not proportional. Australian public services have gender targets to improve the representation of women in senior roles. Based on previous research, targets are expected to first increase female representation at the target's focal level, such as executive level. Then they should initiate a trickle-down effect (TDE), increasing female representation at the level immediately below the target's focal level, such as the executive feeder level. However, the TDE observed in a state public service decelerated after a gender target was imposed. We identified whether individual departments had a consistent or inconsistent TDE and conducted 13 semi-structured interviews with key stakeholders. Too many service-wide targets with low prioritisation of a gender target, as well as missing and ineffective practices, generated decoupling dynamics. Only departments with gender champions who had visible backing from the Chief Executive were able to keep the gender target coupled with practice to achieve its intended outcomes.

Points for practitioners

• Gender targets in Australian public services may not be achieving intended outcomes due to decoupling—a response to policies in which the policies are ignored and/or ineffective practices are implemented.
• Too many competing targets and limited accountability for achieving a gender target create a potential for decoupling by allowing individuals and groups to ignore or weakly adopt the policy.
• Integrated bundles of top-down (e.g. requiring at least two women on shortlists) and bottom-up practices (e.g. mentoring) can help avoid decoupling by ensuring women are appointed to senior roles and supported to progress through an organisation.
• Chief Executives are key to ensuring a gender target remains coupled with its implementation; Chief Executives must provide visible support to internal champions to make gender targets effective.