SEXUAL HARASSMENT OF WOMEN IN THE WORKPLACE: A REVIEW OF RELEVANT LITERATURE

The question of sexual harassment is one that has assumed the front burner in discussions about civility
and acceptable conduct in public spaces such as schools, workplaces and other environments. While
there are many variations of what might constitute sexual harassment across cultures and legal
jurisdictions, the core components more or less remain the same across these lines. This can be seen in
a variety of definitions by different people/bodies.

First, the United Nations General Recommendation 19 to the Convention on the Elimination of all Forms
of Discrimination Against Women defines sexual harassment as including "such unwelcome sexually
determined behavior as physical contact and advances, sexually colored remarks, showing pornography
and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute
a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that
her objection would disadvantage her in connection with her employment, including recruitment or
promotion, or when it creates a hostile working environment".

The United States Equal Employment Opportunity Commission defines sexual harassment as
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an
individual's employment, unreasonably interferes with an individual's work performance, or creates an
intimidating, hostile, or offensive work environment".

Susan Webb in Shockwaves: The Global Impact of Sexual Harassment, defines sexual harassment as:

"Conduct of a sexual nature includes a range of behaviors or actions, since there is a very wide range of
activities which are expressions of sexuality or have sexual connotations in our society. Therefore,
behavior which may appear relatively innocent (such as joking, innuendoes, flirting and asking someone
on a date) to behavior which is blatantly illegal (such as forced fondling, attempted or actual rape and
sexual assault) can all constitute conduct of a sexual nature. In order to qualify as sexual harassment the
behavior must be deliberate and/or repeated. Some forms of sexual behavior are so offensive that the
first time they occur they are considered deliberate, inappropriate, and sometimes even illegal actions.
Other behaviors must be repeated over and over again before they become harassment.Whether a
particular behavior is defined as sexual harassment depends largely on whether the behavior is
unwelcome to the target, along with the circumstances surrounding those evens. Unwelcome behaviors,
which are considered sexual harassment, can be of verbal, non-verbal, physical, or visual nature."

Throughout these definitions, there is a general denominator - unwelcome, which denotes that sexual
harassment is an action that happens without the express nor tacit permission and approval of the
individual, is offensive to them and their sensibilities, and will also bring adverse effects and
consequences to them directly or indirectly.

While sexual harassment in the workplace is one that comes in many ways and affects all genders, races
and ages, Wagner (1992) observes that an overwhelming majority of sexual harassment incidents mostly
involve a male superior in a work environment (the harasser) harassing a female who is of a lower level
(the harassee), and hence insists that use of the pronoun "she" while referring to victims of workplace
sexual harassment is a more than justified distinction.

A January 1976 Redbook magazine questionnaire with over 9,000 responses from women readers found
that more than 92 percent of women saw sexual harassment as a problem for them, with 50 percent
identifying it as a serious issue. Nine of ten women reported experiencing one or more forms of
unwelcome sexual attention while at work, with 75 percent calling their experience "embarrassing,"
"demeaning," or "intimidating.''

Saguy (2002) believes that with the increased influx of women into the paid labor market and
widespread adoption of the idea of equality of women, there is an inalienable need for sexual
harassment laws, with the existence of such laws in turn further reinforcing the idea of gender equality
in the workplace. She further opines that specifically naming and delineating sexual harassment has at
the same time transformed how the men who ogle, proposition, or grope women in the workplace and
other public spaces regard their own behavior and the sense of entitlement or guilt they feel. This belief
that such behavior is wrong in turn serves to prevent other men from committing acts of sexual
harassment in future.

FORMS/DYNAMICS OF SEXUAL HARASSMENT

There are many disparities in what people see as constituting sexual harassment. The most popular
dynamic of workplace sexual harassment is that in which the employer harasses an employee, with this
representing the most significant power dynamic in a workplace. There are, however, cases where
employees are harassed by co-workers, especially if these co-workers are in positions of power such as
supervisors and team leads.

While there is agreement on the more severe forms of sexual harassment in the workplace such as
outright requests for sex, sexual intimidation and sexual assault (including rape), Boland (2005) identifies
other seemingly innocent and less physically threatening forms of sexually harassing behaviors, which
are also the most commonly reported. These include:
Sexual Joking (especially when these jokes are unwelcome and not partaken in by the victims)

Sexist Words. Sometimes sexual harassment takes the form of words that are directed at females in
general, including:

calling a woman “doll,” “babe,” “sweetie,” or “honey”;

using sexist phrases, like “dumb women”;

claiming that “women cry more” or are “too emotional”;

announcing that “women can’t manage” or "workers will not work for a woman"

stating that “some jobs are just women’s work”; or,suggesting that women should be “barefoot and
pregnant.”
• Sexist Behavior. A harasser’s physical conduct may also contribute to a sexually harassing
environment. Examples of sexually harassing conduct without words include:
looking up and down a person’s body;

Ogling at someone

cornering a person or blocking a person’s path;

following the person;
giving personal gifts;
hanging around a person;
intentionally standing too close to or brushing against a person;

looking up a skirt or down a blouse;

pulling a person onto one’s lap;

displaying sexist or sexual calendars;

writing sexist or sexual graffiti;
massaging or touching a person’s clothing, hair, or body;
hugging, kissing, patting, or stroking;
touching or rubbing oneself sexually around another person;
making facial expressions such as winking, throwing kisses, or licking lips;
making sexual gestures with hands or through body movements; or,
making catcalls, whistling suggestively, or engaging in lip smacking.

• Sexual Advances. Some harassment may include physical and verbal sexual advances towards one or
more victims. Examples of these include:
turning discussions to sexual topics;

telling sexually explicit or suggestive jokes or stories;

asking about sexual fantasies, experiences, preferences, or history;

making sexual comments or innuendos;

telling lies or spreading rumors about a person's sex life;

asking personal questions about social or sexual life;

making sexual comments about a person’s clothing, anatomy, or looks;

repeatedly asking out a person who is not interested; or,

making harassing phone calls or emails.

These outlined conducts as held by Boland, while may be seen as harmless by some, still account for the
majority of reported cases of sexual harassment in the workplace.
According to a report by the American Association of University Women, there are two legal forms of
sexual harassment: quid pro quo harassment and hostile environment.

"Quid pro quo harassment occurs when submission to harassing conduct is made either explicitly or
implicitly a term or condition of an individual’s employment, or submission to or rejection of harassing
conduct is used as the basis for employment decisions affecting that employee. For example, if an
employer conditions a job promotion on submission to a sexual request, this is a “tangible employment
action” that changes the terms and conditions of employment and would constitute quid pro quo
harassment. When quid pro quo harassment is perpetrated by a manager or supervisor, employers can
be held “vicariously liable” for the harassment, meaning that an employer, whether an individual or a
corporation, can be liable for the actions of supervisors who subject subordinates to sexual harassment.
A hostile work environment is created when sexual harassment “has the purpose or effect of
unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or
offensive working environment.” To create a hostile environment, courts have held that any harassing
conduct must be so “severe or pervasive” that the conditions of an employee’s workplace are altered and
an abusive working environment is created. Conduct must be both objectively (as considered by a
reasonable person) and subjectively (as considered by the victim) hostile or abusive for sexual
harassment to be in this form."

Saguy (2002) however argues that while both forms of sexual harassment are distinct, there sometimes
exists a situation where both forms intersect in the length and manner the harassment takes place.

Boland (2005) opines that the law recognizes sexual harassment as taking place when there is a
subsequent "tangible employment decision". A tangible employment decision includes any significant
change in employment status. This usually requires an official act of the employer, which will be
documented in official company records. Examples of tangible employment actions include:
•demotion

• hiring and firing;

• promotion or failure to promote;
• undesirable reassignment;
• significantly more or less benefits;
• significantly more or less compensation; and,
• work assignment.

Wagner (1992) attempted to classify the categories who are most likely to be harassed in the workplace,
alluding that most allegations of sexual harassment followed a pattern of demographic delineations
across age, marital status, education and skill/expertise.

 Most complainants are between 25 and 35 years of age; very few are over 45.
 Almost half of complainants were single; less than a third were married. When widowed,
divorced, or separated women were added to the single ranks, more than two-thirds of
complainants were legally unattached.
  Over 40 percent of complainants were school graduates; slightly over 50 percent had some
college experience (13 percent) or had graduated from college (38 percent). Complainants with
less than a high school or more than a college education both were minor contributors to the
profile.
 Unskilled workers and those in secretarial or clerical jobs accounted for 51 percent of
complainants. Professionals such as doctors and lawyers accounted for only 3 percent. Being in
a job traditionally performed by just one sex also seemed to make alleged experiences more
likely.

EFFECTS OF SEXUAL HARASSMENT IN THE WORKPLACE

The presence of sexual harassment in a work environment has serious implications on both the harassed
individuals and even the organization itself. While it severely hampers the productivity of the harassed
individual, it also leads to a significant loss for the organization via the decreased productivity of the
individual as well as the costs of litigation after reported sexual harassment.

Boland (2005) categorizes the effects of sexual harassment in the workplace on women into three:
emotional, physical and economic effects.

In emotional effects, the harassed individual suffers emotional trauma as a result of severe harassment,
and may also suffer a loss of self-confidence and self esteem. Even less severe harassment, if repeated,
can have a serious, stressful effect on workers, in turn seriously impacting their productivity. Victims
may feel shame, embarrassment, lack of will to work, irritation, anger, withdrawal and other unsavory
emotions as a by-product of the sexual harassment they undergo at their workplace.

Physically, the increased stress of having to deal with sexual harassment at the workplace might
manifest itself in the physical functioning of the body. Insomnia may result, and that itself may lead to
lack of rest, which in turn contributes to aches, pains, and increased susceptibility to illness. Victims
might also develop high blood pressure and have heart palpitations. There have also been reports of
individuals having suicidal thoughts as a result of sexual harassment.

Economically, the impacts of sexual harassment on the woman are myriad. The woman might be denied
promotions, raises or training opportunities due to direct consequences of withstanding the
harassment, or indirect decrease in productivity as a result of the harassment. The victims might also
have to quit the job due to the impossible work conditions brought about by the harassment.

On the part of the employer, sexual harassment in the workplace also has some unsavory implications,
as elucidated in a study by Sexual Harassment Support. Sexual harassment has been linked to decreased
job satisfaction on the part of the employer, and can lead to a loss of staff and expertise due
resignations to avoid harassment, or because of resignations or firings of alleged harassers. There is also
a decrease in productivity because of effects such as employee absenteeism to avoid harassment, and
increased team conflict in environments where harassment occurs. The increased team conflict also
leads to problems with team cohesion and less success in meeting financial goals. The organization’s
image can suffer amongst clients, employees, potential customers, and the general public. Health care
costs can increase because of the health consequences of harassment, not to mention the legal costs if a
victim files a lawsuit after complaints are ignored or mishandled.

The European Union succinctly captures the overreaching consequences of sexual harassment in the
workplace on both the organization itself and on the harassed individual.

"Sexual harassment pollutes the working environment and can have a devastating effect upon the
health, confidence, morale and performance of those affected by it. The anxiety and stress produced by
sexual harassment commonly leads to those subjected to it taking time off work due to sickness, being
less efficient at work, or leaving their job to seek work elsewhere. Employees often suffer the adverse
consequences of the harassment itself and short- and long-term damage to their employment prospects
if they are forced to change jobs. Sexual harassment may also have a damaging impact on employees
not themselves the object of unwanted behaviour but who are witness to it or have a knowledge of the
unwanted behavior. There are also adverse consequences arising from sexual harassment for employers.
It has a direct impact on the profitability of the enterprise where staff take sick leave or resign their posts
because of sexual harassment, and on the economic efficiency of the enterprise where employees'
productivity is reduced by having to work in a climate in which individuals' integrity is not respected. In
general terms, sexual harassment is an obstacle to the proper integration of women into the labour
market."

CURBING SEXUAL HARASSMENT AGAINST WOMEN IN THE WORKPLACE

Since the late 20th century, there has been an astronomical increase in the number of women entering
into the workplace across the world. According to Wagner, over 42 percent of new entrants into the
workspace between 1985 and 2000 have been women, with just 15 percent being men. This points to a
paradigm shift in the workplace demographic to include a lot of women. Since the 21st Century, women
have also shifted massively from secretarial and clerical positions to being coworkers in other
sophisticated non descriptions due to breakthroughs on female education and training. This has made it
important for there to be a robust anti-sexual harassment framework to protect women from workplace
harassment.

A report by the Advocates For Human Rights holds that both employers as well as government have an
inescapable role to play in reducing the incidence of sexual harassment, while ensuring a workplace
devoid of harassment and unwelcome sexual behavior. In order to do that, employers must navigate the
cesspool of rights and obligations while seeking to uncover the truth, end any illegal conduct, and
restore harmony to the workplace.

On an international level, significant advancements have been made through the drafting and passage of
sex discrimination laws deemed to prohibit sexually harassing conduct in the workplace and explicit
prohibitions of sexual harassment adopted under labor law or criminal law. These laws vary
considerably, as do the penalties they impose on the harasser and/or the employer of the victim.
Despite their diversity, these laws can serve as useful models for new legislative and policy reform
efforts. In addition, the successes and failures of these laws and protocols in national jurisdictions can be
an invaluable resource in the effort to evaluate the appropriateness of adopting a particular policy or
law and to anticipate any unintended negative effects the law or policy may have on victims of sexual
harassment. But these laws will not work optimally if they are not augmented by robust organizational
policies on dealing with sexual harassment in the immediate work environment.

On this note, Boland (2005) insists that "An employer should have a sexual harassment policy that
clearly explains to all employees that sexual harassment will not be tolerated by any employee,
supervisor, coworker, customer, contractor, or anyone else who conducts business with the employer."
These policies will encourage victims to come out with cases of sexual harassment in the workplace,
while allowing the employer to take action and root out sexual harassment before it affects the entire
workplace. The policy should require any employee to report the conduct that he or she believes is
sexually harassing to a supervisor or other designated employee.
According to Boland, these are the requirements of a good sexual harassment policy by an employer:
• clearly define sexual harassment;

• include specific examples of unlawful behavior;

• make clear that the behavior need not be directed at any particular person; and,

• provide confidentiality for those who report or assist in the investigation of sexual harassment.

• guarantee that there will be no retaliation against the victim or any person who reported the sexual
harassment;

• provide information on what legal remedies are available, such as filing a complaint with the state or
federal anti-discrimination agency;
• state that the employer is committed to making a prompt, thorough, and impartial investigation of the
complaint;
• provide that the victim will get notice of the results of any investigation;
• tell violators that they will be subject to disciplinary action and what the potential sanctions are; and,
• include follow-up procedures to ensure subsequent acts of harassment or retaliation are not
occurring.
BIBLIOGRAPHY

Advocates for Human Rights. Stop Violence Against Women. Minnesota: AHR, 2018.

American Association of University Women. Limiting Our Livelihoods: The Cumulative Impact Of Sexual
Harassment On Women's Careers. Washington: AAUW Press, 2019.

Boland, Mary. Sexual harassment in the workplace. Illinois: Sphinx Publishing, 2005.

Stephens, Tina and Hallas, Jane. Bullying and Sexual Harassment: A practical handbook. Oxford: Chandox
Publishing, 2006.

Saguy, Abigail. What Is Sexual Harassment? From Capitol Hill to the Sorbonne. London: University of
California Press, 2002.

United Nations. Committee on the Elimination of Discrimination against Women, General

Recommendation 19, Violence against women (Eleventh session, 1992).

Wagner, Ellen. Sexual Harassment in the Workplace: How to Prevent, Investigate, and Resolve Problems
in Your Organization. New York: AMACOM Books, 1992.

Webb, Susan. Shockwaves: The Global Impact of Sexual Harassment. New York: Master Media, 1997.

Redbook Magazine. How Do You Handle Sex On The Job: A Redbook Questionnaire. New York: Redbook
publishing, 1976.