Sexual+Harassment

Sabrina Snowsky **__Sexual Harassment__**

Sexual Harassment is uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate (as an employee or student) ("Sexual Harassment" n.d.). In some cases, but not all, it can be illegal depending on the circumstances. In many countries, sexual harassment is considered a form of sexual abuse and employment discrimination. Sexual harassment is most prevalent is organizations both professional and academic, though it can occur almost anywhere ("Fact Sheet" 2001).

**Origin of the Term** Though the practice of sexual harassment is centuries old, the term itself arose from the social and legal movement to eliminate the practice from workplaces in the 1970s (Siegel and McKinnon, 2006). The term was realized as part of the broader concept of "sexual discrimination," awareness of which arose after the American civil rights movement. There are two sources commonly attributed with coining the phrase. The first is a report by Dr. Mary Rowe to the then President and Chancellor of the Massachusetts Institute of Technology delineating a number of gender issues and the other is a group of women's activists operating out of Cornell University (Love, 2006). Though the exact origin of the term is still unknown, both of these sources acknowledge that the term was used among participants of the feminist social movements throughout the early seventies.

**Legal Status of Sexual Harassment** The United Nations process to recognize sexual harassment began in 1989 and resulted in General Recommendation 19 which defines sexual harassment as, "such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions." ("Committee On" 2003). A number of states including but not limited to Australia, Denmark, France, India, Israel, Pakistan, Philippines, Russia, and Switzerland have specific legislation outlawing sexual harassment.

**In the United States** Sexual harassment is currently defined by the US Equal Employment Opportunity Commission as a form of sex discrimination that violates [|Title VII of the Civil Rights Act of 1964] ("Facts About" 2002). The United States Supreme Court outlines two types of sexual harassment. The first type results in a tangible employment action, and is often referred to as "quid pro quo" harassment ("Facts Sheet" 2001). It involves an employer or supervisor demanding sexual reciprocation with the threat of termination of employment or other punishment as the consequence for denial of the request. The other type involves the creation of a "hostile work environment." Unlike the first type, this kind of harassment need not be perpetrated by a supervisor, and can be created by anyone who harasses someone else based on gender. In fact, the harassment need not be sexual in its actual execution, but instead pertains to any instance in which someone harasses another person on the basis of gender. For example, if a person harasses another person because they are a different gender, that can constitute sexual harassment ("Facts Sheet" 2001). Once a grievance has been filed, a final form of sexual harassment can take place in the form of retaliation. This occurs when a victim suffers some form of negative action after reporting an instance of sexual harassment. Retaliation is illegal, and can occur regardless of whether the original complaint was proven or unfounded.

**Effects of Sexual Harassment** According to the American Psychological Association, the effects of sexual harassment include Psychological reactions, Physiological reactions, and Career-Related effects. Psychological reactions include but are not limited to depression, anger, insecurity, confusion, shame, and guilt. Physiological reactions include but are not limited to headaches, lethargy, sleep disturbances, phobias, and sexual problems. While career effects include but are not limited to decreased job satisfaction, unfavorable performance evaluations, loss of job, absenteeism, and drop in performance (American Psychological Association, n.d.) Another problematic effect of sexual harassment is that the victim often does not know how to report an incident. In many cases, victims face personal and organizational pressure not to report what happened. As with many other kinds of sexual discrimination, victims often blame themselves for what happened.

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When an incident is reported, victims often face retaliation from the perpetrator, the perpetrators confederates, or even from the organization that must now deal with the complaint. Retaliation is illegal in the United States ("Facts Sheet" 2001) and many other countries with anti-discrimination or sexual harassment laws. =====

**Preventing Sexual Harassment**
The United States Equal Employment Opportunity Commission states that prevention is the best tool to eliminate sexual harassment in the workplace ("Facts About" 2002). In 1997, the United States Supreme Court ruled in Knabe v Boury that companies must take action that is reasonably calculated to prevent harassment ("Facts Sheet" 2001). However, the responsibility also falls on victims to do their part to prevent harassment. This does not mean that the actual harassment is the fault of the victim, but rather that the victim has certain responsibilities in how they handle and respond to incidents of sexual harassment. These responsibilities include reporting the incident or incidents through proper channels as well as cooperating with investigations of sexual harassment.

**Controversy** Sexual harassment has been subject to a fair amount of controversy and debate as a result of the broad scope it covers. Some cases in which sexual harassment restrictions were invoked have come under fire for infringing on the freedom of speech. Some researchers maintain that sexual harassment laws have been used to attack freedom of political, religious, artistic, and comedic speech (Volokh, n.d.)

In addition, sexual harassment has been criticized by some feminists groups as perpetuating stereotypes in which women are helpless and sexually vulnerable. They claim sexual harassment laws are necessary, but that many have overstepped their bounds by causing some organizations to ban certain words and practices that do not actually constitute harassment ("Feminism And" n.d.) Sexual harassment is also been cited as a source of controversy because of its reported use as an excuse for firing workers. In some cases in which employers are required to show cause for firing, sexual harassment has been criticized as an overly broad cause.

Further controversy stems from the difficulty to track sexually appropriate conduct over time. As potentially sexual actions, such as dress, speech or contact, is subject to change it is difficult for the law to keep up with what actually constitutes harassment.

**References** American Psychological Association. //Sexual Harassment Myths and Realities.// Retrieved from http://all.net/games/sex/harass.html

Equal Employment Opportunity Committee. (2002). //Facts About Sexual Harassment//. Retrieved from http://www.eeoc.gov/facts/fs-sex.html

Feminists for Free Expression. //Feminism and Freedom of Speech//. Retrieved from http://www.ffeusa.org/html/statements/statements_harassment.html

Love, B. (2006). //Feminists who changed America.// Urbana and Chicago: University of Illinois Press.

Sexual Harassment. (n.d.). In //Merriam-Webster online.// Retrieved from http://www.merriam-webster.com/dictionary/sexual%2Bharassment

Siegel, R. (n.d.) //A Short History of Sexual Harassment.// Retrieved from http://yalepress.yale.edu/yupbooks/excerpts/mackinnon_directions.pdf

United States Government. (2001). //Sexual Harassment Fact Sheet//. Retrieved from http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm

University of Minnesota. (2003). //Committee on the Elimination// //…// Retrieved from http://www1.umn.edu/humanrts/gencomm/generl19.htm

Volokh, Eugene. //Freedom of Speech vs. Workplace Harassment Law A Growing Conflict//. Retrieved from []

Pictures:

Alabama sexual harassment lawyer. (2008). Retrieved from http://www.norrisinjurylawyers.com/sexual-harassment-lawyer.php

Webinar: top 10 tips for preventing harassment in your workplace. (2011). Retrieved from http://www.hrlearningcenter.com/sexualharassmenttrainingwebinar.aspx