Equal Opportunities International

Sexual harassment in the workplace

Steve KimBrian H. Kleiner
Article information:
To cite this document:
Steve KimBrian H. Kleiner, (1999),"Sexual harassment in the workplace", Equal Opportunities International, Vol. 18 Iss 2/3/4
pp. 20 - 22
Permanent link to this document:
http://dx.doi.org/10.1108/02610159910785745
Downloaded on: 24 July 2016, At: 07:26 (PT)
References: this document contains references to 0 other documents.
To copy this document: permissions@emeraldinsight.com
The fulltext of this document has been downloaded 2162 times since 2006*
Users who downloaded this article also downloaded:
(2010),"Reviewing sexual harassment in the workplace – an intervention model", Personnel Review, Vol. 39 Iss 5 pp.
655-673 http://dx.doi.org/10.1108/00483481011064190
(2014),"Blowing the whistle on workplace sexual harassment: Examining the role of harasser status and types of sexual
Downloaded by University of Liverpool At 07:26 24 July 2016 (PT)

harassment", Equality, Diversity and Inclusion: An International Journal, Vol. 33 Iss 6 pp. 510-522 http://dx.doi.org/10.1108/
EDI-11-2013-0092
(1998),"How to prevent sexual harassment in the workplace", Equal Opportunities International, Vol. 17 Iss 6 pp. 6-12 http://
dx.doi.org/10.1108/02610159810785539

Access to this document was granted through an Emerald subscription provided by emerald-srm:187202 []
For Authors
If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service
information about how to choose which publication to write for and submission guidelines are available for all. Please
visit www.emeraldinsight.com/authors for more information.
About Emerald www.emeraldinsight.com
Emerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of
more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online
products and additional customer resources and services.
Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication
Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation.

*Related content and download information correct at time of download.

 Equal Opportunities International

SEXUAL HARASSMENT IN THE

WORKPLACE
by Steve Kim and Brian H. Kleiner

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It is the
unwelcome sexual advance, request for sexual favours, and other verbal or physical conduct of a sexual nature.
An action(s) constitutes harassment when submission to or rejection of this conduct explicitly or implicitly af-
fects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates
an intimidating, hostile, or offensive work environment. Sexual harassment can occur in a variety of circum-
stances. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the op-
posite sex. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a
co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected
by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of
the victim. The harasser’s conduct must be unwelcome.

No occupation or profession is immune to sexual harassment. Sexual harassment is a widespread and con-
Downloaded by University of Liverpool At 07:26 24 July 2016 (PT)

tinuing problem in workplaces. It transcends occupational and professional categories, age groups, educational
backgrounds, racial and ethnic groups, and income levels and affects us all. The prevalence of sexual harass-
ment makes clear the seriousness of the problem, as well as the need for action to eliminate it. Sexual harass-
ment is far more pervasive and less obvious than physical assault and includes verbal behaviour and other
forms of sexual expression. Verbal harassment includes sexual innuendoes, comments, and sexual remarks;
suggestive, obscene, or insulting sounds; implied or overt threats; and sexual propositions, invitations, or other
pressure for sex. Sexual harassment is an expression of hostility and aggression. It is an abuse of power, using
sexual behaviour as the vehicle. Sexual harassment is abusive. It is not done in jest or “good fun”; rather it is
done to intimidate and hurt others. It also is an inappropriate and unacceptable way to control others through
degradation and intimidation. All people have a right to be treated with respect, decency, and consideration.
Harassers are found in all types of occupations, at all organisational levels, among business, academic and
other professional individuals. Those who sexually harass are not distinguishable from their colleagues who do
not harass with respect to age, marital status, faculty rank, job title, occupation, or academic discipline.

Sexual harassment causes significant psychological, physical, and economic harm. Psychological and
physical consequences include depression, helplessness, decreased work or academic performance, with-
drawal, devastating impacts on family, insomnia, chronic fatigue, nausea, and other physiological complaints.
Economic consequences include loss of job and attendant financial benefits, promotion, important work as-
signments, ostracism, and stigma. Sexual harassment is unrelated to physical attractiveness and sexual desire.
Sexual harassment is used to coerce, bully, and intimidate. Older people are particularly vulnerable to sexual
harassment because of stereotypes and myths associated with age and their economic vulnerability.

Generally, simply ignoring sexual harassment will not stop it. Ignoring such behaviour may be taken as a
sign of encouragement or tacit consent. Many victims report that when they tell the harasser directly to stop, the
harassment often, but not always, ends. While entering a workplace traditionally dominated by men may be dif-
ficult, no woman should have to put up with abusive behaviour. Sexual harassment poisons the working envi-
ronment and interferes with a woman’s ability to do her work. Asking not to be abused is not asking for “special
treatment”. Frequently, women in non-traditional jobs find that their male co-workers will escalate foul lan-
guage or sexual conduct to test them or make it difficult for them to succeed. Family and social interactions dif-
fer from individual to individual community to individual community and ethnic and racial group to ethnic and
racial group. However, unwanted and unwelcome physical gestures such as hugging, pinching, or brushing up
against a person’s body may be forms of sexual harassment. No one should presume that behaviour that is ac-
ceptable in a family or social setting is also acceptable in a workplace or school.

Prevention is the best tool to eliminate sexual harassment in the workplace. In addition, the federal Equal
Employment Opportunity Commission guidelines encourage employers to “take all steps necessary to prevent
sexual harassment from occurring...” Managers and supervisors must understand the legal liability which they

20
 Volume 18 Number 2/3/4 1999

and their organisations face if sexual harassment of employees occurs and if supervisors and employers fail to
act appropriately to resolve such incidents.

Prevention of sexual harassment through strong policies, effective complaint procedures and comprehen-
sive training programmes is the best way to ensure that harassment will not occur. There are many steps that can
be taken to prevent sexual harassment, and to respond appropriately when it does occur. Strong policies and ef-
fective procedures articulated by the head of an organisation or institution that are communicated to and under-
stood by all employees are critical components of a prevention strategy. Employers are encouraged to take all
steps necessary to prevent sexual harassment from occurring. Training of all members of the workforce or
school population also is crucial to addressing sexual harassment. Training programmes offered by private and
public employers demonstrate that organisations achieve positive changes in employee behaviour after provid-
ing training on sexual harassment prevention. Training requires a relatively minimal investment of dollars and
staff time, particularly when its cost is compared to the enormous potential costs of incidents of sexual harass-
ment, including reduced staff productivity, compensatory costs, staff turnover and litigation. In addition to
these economic concerns, training also provides immeasurable benefits in the form of better informed and
more productive employees and a workplace that fosters respect and dignity among all employees. There are
many individuals across the country who, in the course of performing their work, come into contact with sexual
harassment. These include therapists, physicians, clergy, attorneys, judges, teachers, equal employment and
human rights agencies professionals, mental health workers, nursing home staff, prison guards, and probation
and parole officers. Many of these individuals lack the necessary education, information, experience, and sen-
Downloaded by University of Liverpool At 07:26 24 July 2016 (PT)

sitivity to respond appropriately to complaints of sexual harassment or when they observe sexually harassing
behaviour. Again, training is the most effective means of ensuring that these individuals have the requisite
knowledge to perform their jobs in an appropriate manner. Training should begin during initial orientation and
professional education programmes and continue thereafter on a regular basis. To be effective, sexual harass-
ment prevention training programmes must include certain key components. These components provide essen-
tial information and an atmosphere that enables individuals to change their own behaviour, if necessary, and
influence the behaviour of their co-workers or subordinates. The components include:

* the legal basis for prohibiting sexual harassment under federal, state and local laws, regulations
and ordinances;

* the legal definition of sexual harassment and a description of behaviours that constitute sexual
harassment;

* the organisation’s policy prohibiting sexual harassment along with the internal complaint pro-
cess available to all employees;

* the legal recourse and complaint processes available at the local state and federal levels, (e.g. lo-
cal and state human rights divisions and EEOC);

* the protections against retaliation available under state and federal law; and,

* ample opportunity to clarify any information presented through question and answer periods,
small group discussions and/or role playing situations.

An effective preventive programme should include an explicit policy against sexual harassment that is
clearly and regularly communicated to employees and effectively implemented. The employer should affirma-
tively raise the subject with all supervisory and non-supervisory employees, express strong disapproval, and
explain the sanctions for harassment. In addition, brochures, pamphlets, and posters can be used to provide in-
formation, and regular seminars on sexual harassment and related issues can be offered. There are resources
across the State that can be utilised in the development and delivery of materials and programmes. The victim
should directly inform the harasser that the conduct is unwelcome. It is important for the victim to communicate
that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the
advance may be welcomed. However, a victim of harassment need not always confront his/her harasser di-
rectly, so long as his/her conduct demonstrates that the harasser’s behaviour is unwelcome. The victim should
also use any employer complaint mechanism or grievance system available. If these methods are ineffective,
the victim should contact the Equal Employment Opportunity Commission (EEOC) as soon as possible to seek
advice or to formally file charges against the alleged harasser.

21
 Equal Opportunities International

Also, the employer should have a procedure for resolving sexual harassment complaints. The procedure
should be designed to encourage victims of harassment to come forward and should not require a victim to com-
plain first to the offending supervisor. They can do so by establishing an effective complaint or grievance pro-
cess and taking immediate and appropriate action when an employee complains. It should ensure
confidentiality as much as possible and provide effective remedies, including protection of victims and wit-
nesses against retaliation.

When an employer asserts it has taken remedial action, the EEOC will investigate to determine whether the
action was prompt, appropriate, and effective. If the EEOC determines that the harassment has been eliminated,
the victims made whole, and preventive measures instituted, the Commission normally will administratively
close the charge because of the employers’ prompt remedial action. It is unlawful for an employer or other cov-
ered entity to retaliate against someone who files a charge of discrimination, participates in an investigation, or
opposes discriminatory practices. Individuals who believe that they have been retaliated against should contact
the EEOC immediately. Even if an individual has already filed a charge of discrimination, he or she can file a
new charge based on retaliation.

Sexual harassment is a serious workplace problem that requires focused and deliberate responses. Govern-
ment and business must work together to develop and implement a multifaceted strategy to eradicate sexual
harassment from the workplace. Effective internal complaint mechanisms and training for all employees are
essential. Victims, workers, and employers confirmed a principle that researchers have identified: top manage-
Downloaded by University of Liverpool At 07:26 24 July 2016 (PT)

ment sets the tone in the workplace through policy, practice, and appropriate training. Without such a commit-
ment, sexual harassment will continue to exist.

22
 This article has been cited by:

1. Jad P. Melki, Sarah E. Mallat. 2016. Block Her Entry, Keep Her Down and Push Her Out. Journalism Studies 17:1, 57-79.
[CrossRef]
2. Jad Melki, Sarah MallatLebanon: Women’s Struggle for Gender Equality and Harassment-free Newsrooms 432-448.
[CrossRef]
Downloaded by University of Liverpool At 07:26 24 July 2016 (PT)