Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable (and offensive) stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

The persistence of sexual harassment in the workplace, despite the general abhorrence for the behavior and programs designed to eradicate it, is puzzling. This paper proposes that gender differences in perceptions of sexual harassment and power differentials in the workplace which permit men to legitimize and institutionalize their perspective are implicated. These two phenomena combine to result in blaming the victim of sexual harassment for her own plight. Shifting attention to the target of sexual harassment facilitates the persistence of sexual (...) harassment because the institutionalized responses to the problem remain unquestioned. (shrink)

Cases of sexual harassment have become increasingly common in the courts, but there is at present no coherent definition of just what sexual harassment is supposed to consist. The Equal Employment Opportunity Commission guidelines ultimately focus on issues of subjective victimization, a standard which is overly broad and prescriptively empty. In order to salvage the concept of sexual harassment, it is argued here that the element of unwelcomeness must be removed from it. Instead of considering welcomeness, it is argued that (...) sexual harassment can be given proscriptive clarity if it is delineated as gender harassment, coercive sexual harassment, and presumptive sexual harassment. (shrink)

Sexual harassment is a problem for many organizations. Organizations must understand that sexual harassment lies within the broader context of sex discrimination and inequality of opportunity in the workplace. Sexual harassment is both an illegal and unethical practice. Companies need to implement a policy which respects the rights of individual employees by prohibiting sexual harassment. This policy need to be clearly stated in the company Code of Ethics and enforced rigorously.

Most discussions of sexual harassment and laws addressing sexual harassment focus solely on sexual harassment in the workplace and/or in academe. In this paper, I will explore sexual harassment in public spaces such as streets and public transportation. Street and/or transportation harassment is a major problem for women in a number of countries. These forms of harassment constrain women’s freedom of movement, preventing them from taking advantage of opportunities at school, at work, and in politics. I will argue that such (...) harassment must be eliminated if women are to have equal opportunities in society. (shrink)

Thinking About Sexual Harassment aims to provide the information necessary for careful, critical thinking about the concept of sexual harassment. Part I traces the construction of the concept of sexual harassment from the first public uses of the term through its definitions in the law, in legal cases, and in empirical research. Part II analyses philosophical definitions of sexual harassment and a number of issues that have arisen in the law, including the reasonable woman standard and whether same-sex harassment should (...) be considered sex discrimination. (shrink)

The phenomenon of whistleblowing seems puzzling in that whistleblowing presumably brings a wrongful practice to the attention of those with power to correct the situation. In this respect, whistleblowers act to serve the public interest in defeating harmful, illegal and unjust practices. Yet these persons suffer vilification and worse, not only from their fellow employees, but from members of the general public as well. Cases in which members of a discriminated minority report instances of job discrimination, and especially instances of (...) sexual harassment resemble other cases in which an employee reports corporate or bureaucratic misdeeds. In the early 1970s those who brought charges of sexual harassment did suffer character assassination, reprisals and difficulties in finding equivalent employment afterwards. But by the mid-1980s, consequences for those bringing discrimination charges, and especially the charge of sexual harassment have come to differ in several important respects from other cases of whistleblowing. Examining the differences, and what seem to be underlying causes of these differences, provides some insight into the factors that set limits to the practice of whistleblowing in a democratic society. (shrink)

This paper shows that in order to understand and to resolve the problem of sexual harassment in the workplace, the corporate world will have to relinquish some myths. Sexual harassment does not result from ignorance about fact or law. It is not merely a cultural, gender, or communication problem. It is a problem which will be resolved only when the corporate world recognizes that sexual harassment is a moral problem and provides moral education for employees. Until then, it will remain (...) an explosive problem for communication specialists. (shrink)

: In this essay, I consider the question of whether women have an obligation to confront men who sexually harass them. A reluctance to be guilty of blaming the victims of harassment, coupled with other normative considerations that tell in favor of the unfairness of this sort of obligation, might make us think that women never have an obligation to confront their harassers. But I argue that women do have this obligation, and it is not overridden by many of the (...) considerations that can override other obligations to confront wrongdoers. (shrink)

This study drew on three theoretical perspectives – attribution theory, power, and role identity theory – to compare the job-related outcomes of sexual harassment from organizational insiders (i.e., supervisors and co-workers) and organizational outsiders (i.e., offend- ers and members of the public) in a sample ( n = 482) of UK police officers and police support staff. Results showed that sexual harassment from insiders was related (...) to higher intentions to quit, over-performance demands, and lower job satisfaction, whereas sexual harassment from outsiders was not significantly related to any of the outcome variables investigated. We also examined two moderator variables: equal opportunity support and confidence in grievance procedures. Consistent with our hypotheses, equal oppor- tunity support mitigated the effects of sexual harassment from supervisors on intent to quit and over-performance demands. Confidence in grievance procedures moderated the relationship between sexual harassment from supervisors and all outcome variables. Implications for theory and practice are discussed. (shrink)

Although interest in business ethics has rapidly increased, little attention has been drawn to the relationship between ethics and sexual harassment. While most companies have addressed the problem of sexual harassment at the organizational level with corporate codes of ethics or sexual harassment policies, no research has examined the ethical ideology of individual employees. This study investigates the relationship between the ethical ideology of individual employees and their ability to identify social-sexual behaviors in superior-subordinate interactions. The results indicate that ethical (...) ideology does have an effect on employees' ability to identify verbal sexually harassing behaviors. This effect, however, is not demonstrated on nonverbal sexually harassing behaviors. (shrink)

In his "Reply to Iddo Landau," Edmund Wall responds to the author’s critique of some of the views expressed in his "Sexual Harassment and Wrongful Communication." The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful actions (...) that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. Key Words: sexual harassment • discrimination • law • ethics • feminism. (shrink)

Business students from the three NAFTA countries were shown a possible Sexual Harassment scenario from Arthur Andersen’s Business Ethics Program. They were asked to respond to a pre-questionnaire concerning the three characters’ behaviors and possible actions and a post-questionnaire after writing a report from the points of view of the three characters in the scenario. The students were asked to consider whether the characters should report the possible harasser to their supervisor, and thus engage in whistle-blowing behavior, as well as (...) directly confront the harasser. Hypotheses are formulated for the three NAFTA countries based on Hofstede’s cultural dimensions. There were significant differences, but in some cases not in the direction expected. Gender differences are also explored, but there were few significant differences. (shrink)

There is disagreement in the coercion literature over whether an offer, which necessarily lacks a threat, could be coercive, which tends to imply at least some affinity with coercion, which, in paradigm cases, includes a threat. In one difficult sexual harassment case, someone is offered a promotion in exchange for sex, but there is, due to the arrangement of the case, no implied threat or repercussion for refusal. I argue this case counts as coercive since the offer-making attempts to recast (...) the agent's self-image simply by making the offer: the harasser attempts to define his employee as a sexualized object in the workplace to whom it is acceptable to make this kind of offer. Yet, such an offer can only be acceptably made to a woman who would accept sexual intrusions in her career, and it can never be right to assume others are willing to have their business lives sexualized. Thus, the offer is coercive in its disrespect for the employee's autonomy, although it involves no threat. (shrink)

Federal discrimination laws have defined two distinct types of activity that constitute sexual harassment – "hostile environment" and "quid pro quo." The Civil Rights Act of 1991 and more recent Supreme Court rulings make it easier for workers to win lawsuits claiming they were sexually harassed in the work environment.While the public accounting profession continues to address gender-related problems, it remains vulnerable to claims of sexual harassment. In an attempt to better understand the underlying risk the public accounting profession faces, (...) this study focuses on identifying (1) the extent of sexual harassment in the public accounting profession, (2) the type of harassing behavior that is most common, and (3) where the harassment occurs. (shrink)

In a recent paper Carol Hay has argued for the conclusion that “a woman who has been sexually harassed has a moral obligation to confront her harasser.” I will argue in this paper that Hay’s arguments for her conclusion are unsound, for they rest on both a misconstrual of the nature of personal autonomy, and a misunderstanding of its relationship to moral responsibility. However, even though Hay’s own arguments do not support her conclusion that women have a duty to resist (...) sexual harassment this conclusion can draw support from arguments that are independent of hers. Women, then, do indeed have a moral obligation to confront those who sexually harass them. (shrink)

In determining when sexual behavior in the workplace creates a hostile working environment, some courts have asked, Would a reasonableperson view this as a hostile environment? Two recent court decisions, recognizing male-female differences in the perception of social sexual behavior at work, modified this standard to ask, Would a reasonablevictim view this as a hostile environment? As yet, there is no consensus in the legal community regarding which of these standards is just.We propose that moral theory provides the framework from (...) which business people can construct just procedures regarding sexually hostile environments. We argue that the natural duty of mutual respect of persons and the natural duty not to harm the innocent compels business people to identify sexually hostile work environments from the perspective of the reasonable victim, usually from the woman's perspective. (shrink)

: Although many women experience harmful behaviors that fit the legal definition of sexual harassment, very few ever label their experiences as such. I explore how psychological ambivalence expressed as sadomasochism may account for some of this gap. Following Lynn Chancer, I argue that certain structural circumstances characteristic of highly stratified bureaucratic organizations may promote these psychological responses. After discussing two illustrations of this dynamic, I draw out the implications for sexual harassment theory and policy.