Sexual Harassment

I

Introduction

Sexual Harassment, a form of unlawful sex discrimination. Under federal law in the United States, sexual harassment is unwanted verbal or physical behavior of a sexual nature that occurs in the workplace or in an educational setting under certain conditions. Such behavior is illegal if it creates an environment that is hostile or intimidating, if it interferes with a person’s work or school performance, or if acceptance of the harasser’s behavior is made a condition of employment or academic achievement. A number of other countries—including Japan, Canada, Australia, and several European nations—also have laws that prohibit sexual harassment.

Perceptions differ about what behaviors constitute sexual harassment. However, typical examples of sexual harassment include sexually oriented gestures, jokes, or remarks that are unwelcome; repeated and unwanted sexual advances; touching or other unwelcome bodily contact; and physical intimidation. Sexual harassment can occur when one person has power over another and uses it to coerce the person to accept unwanted sexual attention. If a supervisor forces an employee to have sex by threatening to fire the employee, that is sexual harassment. It can also occur among peers—for example, if coworkers repeatedly tell sexual jokes, post pornographic photos, or make unwelcome sexual innuendos to another coworker. Both men and women can be harassers or victims of sexual harassment. However, research indicates that women are more likely to be victims.

The Congress of the United States first prohibited discrimination based on an individual’s sex when it passed the Civil Rights Act of 1964. However, it was not until the mid-1970s that U.S. courts began to interpret sexual harassment as a form of illegal sex discrimination. Since that time complaints of sexual harassment have become much more common. In several high-profile cases, prominent public officials have been accused of sexual harassment. These cases have increased public awareness of the issue and sparked debate concerning what types of behavior should be considered inappropriate or unlawful.

II

Prevalence

Many different studies have attempted to investigate the frequency and prevalence of sexual harassment. Surveys provide widely divergent statistics, indicating that anywhere from 30 to 70 percent of women have experienced some form of sexual harassment at some point in their lives. This wide range may be due in part to the fact that perceptions of what constitutes sexual harassment differ among individuals and among men and women. That is, what some people might consider acceptable behavior, others might think of as sexual harassment.

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Another way of gauging the prevalence of sexual harassment is to examine formal complaints to government agencies. From 1990 to 1996 the number of complaints of sexual harassment in the workplace filed with the U.S. Equal Employment Opportunity Commission (EEOC) more than doubled—from about 6000 to about 15,000. The number of men filing sexual harassment claims with the EEOC increased from 8 percent of all claims in 1990 to 10 percent of the total in 1996. Complaints of sexual harassment occurring at schools and colleges have also become more numerous.

Research indicates that sexual harassment is widespread among children and teenagers. One survey of more than 1500 students in nearly 80 junior high and high schools found that 85 percent of girls and 76 percent of boys had experienced some form of sexual harassment at school. The researchers in this study defined sexual harassment as unwanted and unwelcome sexual behavior that interferes with a student’s life. In most categories, girls experienced higher rates of sexual harassment than did boys. Seventy-six percent of girls and 56 percent of boys reported being the target of sexual comments, jokes, gestures, or looks. This was the most common form of sexual harassment in the schools surveyed. Sixty-five percent of girls and 42 percent of boys reported that they had been touched, grabbed, or pinched in a sexual manner. Forty-two percent of girls and 34 percent of boys reported that they had been the subject of sexual rumors. However, more boys than girls (34 percent versus 31 percent) reported that others had shown, given, or left them sexual pictures, photographs, or messages.

Surveys about sexual harassment have a number of research limitations. Victims may be more likely than nonvictims to respond to a survey about sexual harassment. Alternatively, some victims may fail to report harassment because they are ashamed. Therefore, self-report surveys of victims or offenders may result in either overreporting or underreporting of harassment. Bearing in mind the limitations of the research, most experts agree that sexual harassment is widespread.

III

Effects

Sexual harassment often has adverse effects on the victim’s performance at work or school. Both the quantity and the quality of work may suffer, as well as the employee’s or student’s morale, attendance, and ability to work with others. Sexual harassment can cause employers losses in productivity and can lead to greater employee turnover and use of sick leave. The harassment can also harm the victim’s psychological and physical well-being. One study found 96 percent of sexual harassment victims suffer from emotional distress, and 35 percent experience physical, stress-related problems. Typical symptoms include anger, fear, anxiety, lowered self-esteem, depression, guilt, humiliation, embarrassment, nausea, fatigue, headaches, and weight gain or loss.

Sexual harassment can also have indirect effects on society. Many feminist scholars consider sexual harassment to be a form of oppression that men use to maintain male-dominated power structures. These scholars note that sexual harassment in school limits girls’ participation and impairs their academic achievement. Similarly, women in fields of work that men have traditionally occupied—such as the military, law enforcement, and fire fighting—experience higher rates of sexual harassment. Some researchers assert that regardless of whether harassment is an intentional attempt to oppress girls and women, it contributes to lower achievement by women in society.

IV

Laws Against Sexual Harassment

In the United States, two major federal laws prohibit sexual harassment in employment and educational settings: Title VII of the Civil Rights Act of 1964 and Title IX of the Education Act of 1972. These laws authorize federal agencies to investigate complaints of sexual harassment. They also permit victims to file lawsuits against employers or schools seeking to end the harassment and to obtain monetary compensation for the harm resulting from it. Many states have also adopted laws prohibiting sexual harassment.