Sexual Harassment in the Workplace

What kind of issue is this? Quality of work? Productivity? [both]

Facts

• 38% of those surveyed said they had been subjected to sexual harassment by their male supervisors in the form of "propositions or unwanted sexual discussions" and only 4% reported it. A recent study by the Center for Women in Government found that 1,546 employees were awarded $25.2 million for back pay, remedial relief, damages, promotions, and reinstatements
• Sexual harassment: hard to define. Most definitions do not cover all situations. Men and woman too have different attitudes about what constitutes sexual harassment.
• Poll found 53% of 1,300 had been or knew someone who had been sexual harassed. Another poll found half of the men survey admitted have done something that a woman might view as harassment.
• Recognized as a legal issue only after the 70s
• EEOC guidelines distinguish between quid pro quo harassment and environmental harassment. Courts rule it violates Title VII of the Civil Rights Act if it is unwelcome, sufficiently severe, and creates such an abusive environment that the victim’s performance is harmed. The Pregnancy Discrimination Act of 1978 makes discrimination on the basis of pregnancy, childbirth, or related medical condition unlawful. The legal duty of an employer extends to harassment by nonemployees, including customers and clients.
• Correct responses to sexual harrassment focus on prevention. Employers have a legal and ethical obligation to prevent harassment and to act decisively when it occurs. Sexual Harassment responses include:
  1. Developing and distributing policies that precisely define unacceptable conduct and the punishment for violating the policy;
  2. setting up appropriate and beneficial procedures: hold training sessions to sensitize workers to the issue (videos, lectures, role-playing exercises); set up dispute-resolution procedures that permit confidential complaints
  3. Taking appropriate action

Hostile Working Environment: Drawing the line. What needs to be involved?

• economic harm-stereotyping can lead to lack of promotion
• psychological harm (sexual intimidation)
• offensive to person of average sensibilities
• offensive to a woman (of average sensibilities)

Sexual harassment: what is the real issue: work or sex?

Vicki Schultz argues: The problem is not sexual relations (sexual attractions, etc) but gender discrimination (sexism)

• Sex harassment is a means for men to claim work as "masculine turf". To drive women away, or make them come to the work place on their (male) terms.
• Sees "sexually based" harassment as part of a larger sort of harassment which is gender-based-attempts to denigrate woman's competence and/or intelligence as workers. As creatures not worthy of respect.
• Such harassment is also directed against some men-those who threaten the work's "masculine" image-men who are not married, not attractive to women, look weak or slow, openly supportive of women, who wear earrings,… Goluszek versus Smith. Machinist who wasn't married.
• Sexual harassment laws are seem as demanding a repressive impulse to eliminate all hints of sexual expression from the workplace, rather than bring about equality. Fair v. Guiding Eyes for the Blind, a heterosexual woman claimed gay supervisor created an offensive environment by making gossipy conversation and political remarks regarding homosexuality. Pierce v Commonwealth Life Insurance Co., a manager was disciplined for participating in an exchange of sexually explicit cards with a female office administrator. Summarily demoted and transferred.
• Problem is not sex but sexism. Treat sex like anything else in the workplace-where it further sex discrimination, it should go, where it doesn't, it's not the business of civil rights laws.