Reasonableness in Hostile Work Environment Cases After #MeToo

The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt. While our social presumptions are flipping to center the behavior of the accused instead of the accuser, the legal standard for workplace sexual harassment still focuses squarely on the victim’s reasonableness. In order to bring a legally actionable claim of sexual harassment, a victim must demonstrate that she was objectively and subjectively reasonable in believing that she was subjected to sexual harassment. Even if she succeeds in demonstrating this, if her employer had mechanisms in place to address sexual harassment, she must also demonstrate that her response to her harassment— such as reporting or not reporting the harassment through an employer’s complaint process—was reasonable. This Comment analyzes the effects of the #MeToo movement on federal courts’ definitions of sexual harassment under the existing legal standard. Since reasonableness is a socially-defined term, courts have plenty of room to incorporate shifting conceptions of sexual harassment into their jurisprudence—but many are remarkably slow to do so. While it is too soon to state definitively what effect #MeToo will have on sexual harassment law in the long run, this Comment should leave practitioners and scholars with a clearer picture of the direction circuit courts have taken since #MeToo began.

Sexual Harassment of Women Clerical Workers in The Workplace

The issues on sexual harassment caught the national interest in the year 1999. The media frequently highlighted them particularly those happened at workplace. Women became the targeted victims in male dominated workplace and in sexual harassment tolerance environment. Many of those experiences went unreported and they suffered in silence for fear of retaliation and humiliation. In the Iegal perspective, it is essential that the meaning of sexual harassment be determined beforehand. The study is guided by the following research questions: (1) What is the meaning of sexual harassment as perceived by the victims? (2) What is the level of awareness among the victims on sexual harassment? (3) How are the victims harassed and what are the types of sexual harassment experienced? (4) What are the causes of sexual harassment and how do these causes facilitate sexual harassment? (5) How are the victims affected by the sexual harassment experienced? and, (6) How do the victims cope with sexual harassment and why do they choose such means? It uses a qualitative case study approach on ten respondents. They were selected using the purposive sampling and the snowball technique. They were chosen based on criteria, that are: (a) female clerical workers (b) had experienced sexual harassment (c) the sexual harassment occurred at workplace (d) they were employed earlier either in the private or corporate body, and (e) they were more than 20 years old. The respondents were interviewed to draw data based on their experiences. The findings of this study revealed that the victims perceived sexual harassment as unwanted behavior, sexual and sensitive in nature and gender related. There were two levels of awareness found, that are the previous and the recent awareness. The three types of sexual harassment identified by the victims were verbal request, verbal comments and non-verbal display. The causes of sexual harassments were viewed as the existence of opportunities, sexual tolerance environment, the harassers attitude and the victims personality, power and gender relations, and preplanned intention. Some of the effects mentioned by the victims were psychological consequences, changes in personality,..health and social related problems and unsatisfactory work life. Finally, the study found that the victims used some coping strategies to deal with sexual harassments they experienced. That are, social support, self-coping, conduct informal complaint and psychological coping. The conc1usions of the study are as follows: Firstly, there is difficulty in identifying the meaning of sexual harassment. Secondly, there are two levels of awareness about sexual harassment among clerical workers that is, previous and present awareness. Thirdly, the victims were sensitive to sexual harassments that were explicit and sexual in nature. Fourthly, 'opportunities' are regarded as the catalysts that cause sexual harassment among clerical women. Fifthly, emotional psychological and work related factors are most affected by sexual harassment victims and finally, there are problems coping with sexual harassment. The study provides some significant implications. The victims became empowered and their knowledge on sexual harassment was enhanced, after going through the interview sessions that eventually generated awareness on their sexual harassment experiences. In the legal field, data from the study established similar meanings to the "reasonable women standard" used to decide cases in court. This is rather unique and creative because the court uses the layperson standard to decide on the meanings of "sexual harassment". In the organization, greater liabilities were imposed on the employers to ensure the workplaces are free from sexual harassment practices. Future research on every aspect of sexual harassment practices can be conducted in various fields such as social, legal and educational studies. This is because at present there are very limited studies conducted on sexual harassment at workplace in Malaysia

RISK FACTORS FOR WORKPLACE SEXUAL HARASSMENT IN FEMALE TRUCK DRIVERS

Sexual harassment is one of the most common forms of workplace violence in the United States. Sexual harassment is defined as unwanted verbal and physical behaviors of a sexual nature (e.g., physical advances, requests for sexual favors, inappropriate sexist or sexual comments or jokes, pornography, or other unwanted conduct) that creates an uncomfortable working environment or interferes with the employee’s job responsibilities. In general, it is estimated that nearly one in every two women have experienced sexual harassment at the workplace over their lifetime. In male-dominated occupations, such as truck driving, law enforcement, firefighting, and construction, females may have a higher-than-average risk of workplace sexual harassment, as their male counterparts may have more power and influence over their working environment. Organizational antecedents, or risk factors, for sexual harassment have been identified in general workplaces such as academia; however, research on organizational antecedents for sexual harassment in male-dominated occupations is limited. Identifying organizational antecedents of sexual harassment in the workplace can guide employers on the development of policies that could prevent or reduce the physical, psychological, and work-related consequences of workplace sexual harassment in male-dominated occupations. The purpose of this dissertation was to examine the organizational antecedents associated with workplace sexual harassment in the male-dominated occupation of truck driving. The specific aims were to 1) conduct a systematic review of the research on the antecedents that put women at risk for and responses to sexual harassment in selected male-dominated occupations and identify gaps in research; 2) evaluate the psychometric properties of the author-developed Sexual Harassment Organizational Antecedent (SHOA) scale; and 3) examine the relationships between perceived organizational antecedents, demographic variables, and sexual harassment; and determine associations between job control, workplace culture, and self-reported sexual harassment, controlling for age, race, ethnicity, income, and tenure. A cross-sectional study design was used to develop and test a measure of organizational antecedents of sexual harassment and to examine the association with sexually harassing behaviors in a convenience sample of 236 female truck drivers who were at least 21 years of age, held a Class A Commercial Driver’s License (CDL-A), and had a minimum of 3-months truck driving experience. Female truck drivers were recruited via social media, email, online newsletters, and word of mouth and invited to complete an anonymous online survey comprised of the 15-item author-developed SHOA scale to assess job control and workplace culture; and the 18- item Sexual Experiences Questionnaire-Workplace version to measure self-reported sexually harassing behaviors while on the job. Important gaps in the research on sexual harassment of female truck drivers were identified. The systematic literature review revealed inconsistent theoretical models guiding research with male-dominated occupations of law enforcement, firefighting, and construction, and there was limited research on the sexual harassment of female truck drivers. Organizational antecedents of and female responses to sexual harassment have been identified in the law enforcement, firefighting, and construction occupations, but in truck driving, sexual harassment has been studied as a part of workplace violence within the context of personal health, not as a specific phenomenon. Another gap was a lack of standard instruments to measure organizational antecedents that put females at risk for sexual harassment in the workplace. The 15-item author developed SHOA scale used in this study was developed based on constructs from the Sexual Harassment in Organizational Context Model. Psychometric evaluation of the SHOA scale revealed an overall reliable and valid instrument with two reliable and valid subscales: job control and workplace culture as organizational antecedents of sexual harassment in female truck drivers. However, research is needed to develop and test measures of formal grievance policies and peer relationships and to examine their associations with sexual harassment of female truck drivers. Finally, the SHOA scale, and the two subscales of job control and workplace culture were associated with sexual harassment in a sample of female truck drivers. In this convenience sample of female truck drivers, 92% reported experiencing at least one incident of sexual harassment in the workplace. Female truck drivers who reported more control over their jobs and a more positive workplace culture reported fewer incidences of sexual harassment in the workplace. When controlling for age, race, ethnicity, income, and tenure, workplace culture, age, and tenure accounted for 43% of the variance in self-reported sexual harassment. Female truck drivers who reported greater job security, less conflict with dispatchers, less physically demanding jobs, and equal pay and job opportunities in the workplace reported fewer incidences of sexual harassment. Older female drivers and those with less time driving a truck (shorter tenure) were less likely to report sexual harassment in the workplace. Women who lived in the West and Midwest indicated a greater number of incidences of sexual harassment. This study evaluated female truck drivers’ perceptions of organizational antecedents and experiences of sexual harassment in the workplace. Future studies need to include measures to determine if respondents based their answers on their current company or a company where they previously worked. In addition, it would be important to determine the time frame in which sexually harassing behaviors occurred. Future studies are also needed to examine and compare perceptions of organizational antecedents in the trucking occupation from both the female and male driver perspective, as well as perceptions from minority drivers. Finally, measures of formal grievance policies and peer relationships need to be developed and tested. Overall, more research is needed to evaluate organizational antecedents of sexual harassment in female truck drivers so that individual companies and employers in the trucking industry can understand the problem and develop policies and practices to prevent sexual harassment

Sexual Harassment of Low-Income Women in Housing: Pilot Study Results

This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. This Article focuses on one overlooked, significant national problem: the sexual harassment and exploitation of low-income women by their landlords. Many published cases have dealt with the phenomenon, and the Department of Justice (“DOJ”) has filed many complaints against alleged harassers. Good academic articles in legal and social science literature also exist that discuss the subject from a largely theoretical perspective. But something crucial is missing: data. Unlike sexual harassment in the workplace, which has been exhaustively studied by academics of every stripe, there have been no reliable empirical studies about the nature and prevalence of sexual harassment in housing

Sexual Harassment of Low-Income Women in Housing: Pilot Study Results

In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. This Article focuses on one overlooked, significant national problem: the sexual harassment and exploitation of low-income women by their landlords. Many published cases have dealt with the phenomenon, and the Department of Justice ( DOJ ) has filed many complaints against alleged harassers. Good academic articles in legal and social science literature also exist that discuss the subject from a largely theoretical perspective.4 But something crucial is missing: data. Unlike sexual harassment in the workplace, which has been exhaustively studied by academics of every stripe, there have been no reliable empirical studies about the nature and prevalence of sexual harassment in housing

A Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty

One in ten female graduate students at major research universities report being sexually harassed by a faculty member. Many universities face intense media scrutiny regarding faculty sexual harassment, and whether women are being harassed out of academic careers in scientific disciplines is currently a subject of significant public debate. However, to date, scholarship in this area is significantly constrained. Surveys cannot entirely mesh with the legal/policy definition of sexual harassment. Policymakers want to know about serial (repeat) sexual harassers, where answers provided by student surveys are least satisfactory. Strict confidentiality restrictions block most campus sexual harassment cases from public view. Taking advantage of recent advances in data availability, this Article represents the most comprehensive effort to inventory and analyze actual faculty sexual harassment cases. This review includes over 300 cases obtained from: (1) media reports; (2) federal civil rights investigations by the U.S. Departments of Education and Justice; (3) lawsuits by students alleging sexual harassment; and (4) lawsuits by tenure-track faculty fired for sexual harassment. It also situates this review within the available and most relevant social science literature on sexual harassment and violence in education and the workplace, as well as on methodological limitations of litigated case data, which tend to contain a higher concentration of high-severity cases compared to a random sample. Two key findings emerged from the data. First, contrary to popular assumptions, faculty sexual harassers are not engaged primarily in verbal behavior. Rather, most of the cases reviewed for this study (53%) involved faculty alleged to have engaged in unwelcome physical contact dominated by groping, sexual assault, and domestic abuse-like behaviors. Second, more than half (53%) of cases involved professors allegedly engaged in serial sexual harassment. Thus, this study adds to our understanding of sexual harassment in the university setting and informs a number of related policy and legal questions including academic freedom, prevention, sanctions, and the so-called “pass-the-harasser” phenomenon of serial sexual harassers relocating to new university positions

#MeToo and the Pursuit of Women\u27s International Human Rights

IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the entertainment, media, dining, and business industries following the onset of the #MeToo social media movement.\u27 In the rest of the world, many people also embraced the online crusade by sharing the hashtag millions of times or creating their own versions of it. Feminists and scholars have since attempted to keep pace with the sequence of incidents, grasp the reasoning for the present occurrence of such a reckoning with issues surrounding gender-based violence at this point in time, and envisage more inclusive processes for all women. Contrary to the widespread discussion that mostly focuses on domestic issues, this Article offers an international perspective on the challenges raised by #MeToo by surveying a sample of countries that resonated the most with the movement-Britain, India, and Sweden- and other countries that experienced a more conflicted reaction- Japan, France, and Italy. This Article proceeds in three parts. Part I recaps some of the main incidents that triggered the #MeToo social media campaign in the United States. The discussion focuses on the global impact of the movement by surveying the countries mentioned above that have been most receptive and the others that showed a more reticent reaction. Part II explores why #MeToo blew up only recently at the domestic level, and what factors contributed to its international development. Finally, Part III recommends a holistic human rights-based approach to sexual assault and harassment to ensure that the #MeToo\u27s impetus will not fade without having first attained long-lasting change for all women

#MeToo as Catalyst: A Glimpse into 21st Century Activism

The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and “retweeting” to share other’s posts has revealed crucial information about the scope and nature of sexual harassment and misconduct. More specifically, social media has served as a central forum for this unprecedented global conversation, where previously silenced voices have been amplified, supporters around the world have been united, and resistance has gained steam. This Essay discusses the #MeToo movement within the broader context of social media activism, explaining how this unique form of collective action is rapidly evolving. We offer empirical insights into the types of conversations taking place under the hashtag and the extent to which the movement is leading to broader social change. While it is unclear which changes are sustainable over time, it is clear that the hashtag #MeToo has converted an online phenomenon into tangible change, sparking legal, political, and social changes in the short run. This Essay provides data to illustrate some of these changes, which demonstrate how posting online can serve as an impetus, momentum, and legitimacy for broader movement activity and changes offline more characteristic of traditional movement strategies

Stopping Sexual Harassment in the Empire State: Past, Present, and a Possible Future

This report maps current patterns of workplace sexual harassment and their impact in New York State. It also provides a broader frame for understanding how efforts to confront sexual and gender-based harassment and assault have evolved over time, and charts possible directions for future organizing, policy, and research in New York and beyond. The findings presented here are drawn from the 2018 Empire State Poll, an annual statewide survey of 800 New Yorkers conducted by the Cornell Survey Research Institute. Questions added to the survey reflecting existing legal definitions of workplace sexual harassment reveal the following: 10.9 percent of New York residents have experienced quid pro quo workplace sexual harassment, and 21.9 percent have experienced workplace sexual harassment that created a hostile work environment; 31.1 percent of women and 18.9 percent of men have experienced at least one of these forms of harassment. 13.9 percent of people of color and people of Hispanic origin have experienced quid pro quo workplace sexual harassment, as opposed to 8.5 percent of non-Hispanic whites. 38.9 percent of those experiencing at least one form of workplace sexual harassment say it impacted their work or careers; 48.9 percent who experienced quid pro quo harassment reported such an impact. 83.4 percent of New York residents think their leaders should do more to address workplace sexual harassment. There is notable variation by politics and ideology, but regardless of worldview, strong majorities think leaders should do more. In addition to sharing the survey findings, the report discusses experiences and responses of survivors and how they are shaped by different identities and relations of power. It highlights black women’s leadership in propelling wide-reaching shifts in law and culture; efforts initiated by diverse survivors to effect change in specific industries; and culture change work engaging men and women as allies