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Sexual Harassment in the Workplace
The Problem

The U.S. Equal Employment Opportunity Commission (EEOC) describes sexual harassment as a form
of gender discrimination that is in violation of Title VII of the 1964 Civil Rights Act.  In 1998, the U.S.
Supreme Court made employers more liable for sexual harassment of their employees.  Moreover, the
The Society for Human Resource Management has reported  that 62% of companies now offer sexual
harassment prevention training programs, and 97% have a written sexual harassment policy.

Statistics

Below is a brief listing of recent harassment statistics.  However, it is important to point out that these
only discuss formal complaints, and that the vast number of sexual harassment situations go
unreported.  

The number of grievance filed with the  EEOC has gradually decreased over the last decade.  In 1997,
close to 16,000 charges were filed.  In fiscal year 2007, this number dropped to 12,510.
(See a comprehensive listing of current EEOC harassment statistics.)

The majority of complaints come from women, however the number of complaints filed by men is
increasing, along with increasing numbers of men  filing against female supervisors.  In 2007, 16% of
complaints filed with the EEOC were filed by men.  In a 2004 study by Lawyers.com and Glamour
Magazine, 17% of men said they had experienced sexual harassment, and vs. 35% of women.   A 2006
government study in the United Kingdom revealed that 2 out of 5 sexual harassment victims in the UK
are male, with 8% percent of all sexual harassment complaints to the Equal Opportunities Commission
(Britain's EEOC), coming from men.
A telephone poll by Louis Harris and Associates on 782 U.S. workers
revealed:

  • 31% of the female workers reported they had been harassed at
    work
  • 7% of the male workers reported they had been harassed at work
  • 62% of targets took no action
  • 100% of women reported the harasser was a man
  • 59% of men reported the harasser was a woman
  • 41% of men reported the harasser was another man

Of the women who had been harassed:

  • 43% were harassed by a supervisor
  • 27% were harassed by an employee senior to them
  • 19% were harassed by a coworker at their level
  • 8% were harassed by a junior employee
NORTH COUNTRY
based on the case
of Jenson v.
Eveleth Mines
Causes of Sexual Harassment in the Workplace

The causes of sexual harassment at work can be complex, and steeped in socialization, politics, and
psychology.   Work relationships can be quite intimate and intense, and those involved share common
interests.  Employee's are dependant on each other for teamwork and support, and are dependant on
their supervisor's approval for opportunities and career success.   Supervisors and employers can grow
accustomed to the power they have over their employees.  Such closeness and intensity can blur the
professional boundaries and lead people to step over the line.  Politics can be a catalyst, and  problems
caused by poor management, workplace bullying,  frustration, and job/financial insecurity, etc., can
create hostile environments that leak over into working relationships.  Personal problems can also be a
factor, and sexual harassment can be a symptom of the effects of life traumas such as divorce, or death
of a spouse or child.  

No occupation is immune from sexual harassment; however, reports of harassment of women is higher
in fields that have traditionally excluded them, including blue collar environments, such as mining and
firefighting, and white collar environments, such as surgery and technology.  

According to a recent study (2009) by sociologists at the University of Minnesota, women in supervisory
positions are the most likely targets of sexual harassment.  After following  over 1000 men and women
from ninth grade through to their 29th or 30th birthdays, the researchers found that women, gays, and
feminine men were the most likely to be harassed throughout out their lives.  Women supervisors were
137% more likely to be harassed than females in non-supervisory positions.   There was no correlation
between supervisory status and harassment for the men in the study.  Researcher Heather McLaughlin
reported, "This study provides the strongest evidence to date supporting the theory that sexual
harassment is less about sexual desire than about control and domination....Male co-workers, clients
and supervisors seem to be using harassment as an equalizer against women in power."  

Sexist or sexualized environments--full of  sexual joking, sexually explicit graffiti or objects, viewing
Internet pornography, etc.--usually shape the attitudes that male workers have towards their female
colleagues.  For example, in an environment where obscenities are common, women are 3 times more
likely to be sexually harassed than in an environment where such talk is not tolerated.  In environments
where sexual joking is common, women are 3 to 7 times more likely to be sexually harassed.(See
Sexualized Environments )

Men still retain most of the workplace supervisory positions, and they are the ones who decide whether
or not a complaint of sexual harassment is justified.  Because of this, if a woman complains about the
man who exposed himself to her, in most cases, she is the one who will be considered the problem.   
(See Ellison vs. Brady and the "Reasonable Woman" Standard )  Still, when the supervisor is female,
this does not necessarily make her more sensitive to the seriousness of the problem.  At SHS, we are
hearing more and more reports of female supervisors blatantly ignoring complaints of sexual
harassment of female employees.  (Perhaps this is because they don't want to rock the boat with their
male-supervisor colleagues?)

Sexual harassment of men does occur, though there is less information about the problem because
men are less likely to report the behavior.  Sexual harassment of men in the workplace is most often
same-sex harassment, and focused on men who are deemed less masculine than the others;
however, neither the perpetrators nor the victim will necessarily be gay.   (See Oncale v. Sundowner)
Still, there are increasing reports of men being harassed by women, particularly female supervisors.
Legal Definitions for Sexual Harassment in the Workplace

Two specific legal definitions of sexual harassment have been established in employment law:  

    Quid Pro Quo Harassment:  "Something for something;"  this is the "you do something for me
    and I'll do something for you" type of exchange.  This occurs when a job benefit is directly tied to
    an employee submitting to unwelcome sexual advances. For example, a supervisor promises
    an employee a raise if she will go out on a date with him, or tells an employee she will be fired if
    she doesn't sleep with him. Quid pro quo harassment also occurs when an employee makes an
    evaluative decision, or provides or withholds professional opportunities based on another
    employee's submission to verbal, nonverbal or physical conduct or a sexual nature.  Quid pro
    quo harassment is equally unlawful whether the victim resists and suffers the threatened harm
    or submits and thus avoids the threatened harm.

    Hostile Environment Sexual Harassment:  This occurs when an employee is subjected to
    comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a
    regular part of the work environment. Generally speaking, a single isolated incident will not be
    considered hostile environment harassment unless it is extremely outrageous and egregious
    conduct. The courts look to see whether the conduct is both serious and frequent.  Supervisors,
    managers, co-workers and even customers can be responsible for creating a hostile
    environment.

Employer Liability  

Employers can be legally responsible for sexual harassment against their employees and liable to
them for damages; however, liability depends on the type of harassment, and who committed it.

Harassment by a supervisor:  If the harassment results in an employment action against the victim
(such as firing, demotion, or unfavorable changes in work assignments), the employer is liable.   The
employer can also be liable if  the harassment creates a hostile work environment.  However it has a
possible defense if the employer can show that  the it took reasonable steps to prevent and promptly
correct the problem, and  the employee unreasonably failed to take advantage of the company's
preventive or corrective measures.

Harassment by a co-worker: The employer is liable if it knew, or should have known, about the
harassment.  However, the employer is not liable if immediate and appropriate corrective actions were
taken to remedy the problem.  

Sources: 1, 3, 14, 20, 21, 22, 47, 65, 70, 82
Reports of Sexual Harassment in the Workplace

It has been estimated that only  5 to 15% of harassed women formally report
problems of harassment to their employers or employment agencies such as
the EEOC.  There are many reasons why victims are reluctant to make
allegations of sexual harassment, including fear of losing their jobs or
otherwise hurting their careers, fear of not being believed, the belief that nothing
can or will be done to stop the harassment, and embarrassment, shame, or
guilt at being harassed.

Men are even less likely to report harassment because of masculine
stereotypes, and the pressure to "take anything that comes along."  A man may
be afraid it is a negative reflection on his masculinity if he does not enjoy the
sexual attention, or he may be afraid of having his sexual orientation
questioned.  

See  Uncertainty and Denial for more reasons victims do not come forward.  
Landmark case
that set
precedents for
sexual
harassment of
males, same-sex
harassment, and
sex harassment
without sexual
intent
A support community for anyone who has experienced sexual harassment.
"Prevention is
the best tool to
eliminate sexual
harassment in
the
workplace...
(Employers)
should clearly
communicate to
employees that
sexual
harassment will
not be tolerated."

-- Equal
Opportunity
Employment
Commission
(EEOC)