Difference between revisions of "Sexual harassment" - New World Encyclopedia

Latest revision as of 10:14, 26 January 2023

The harasser threatens the victim

Sexual harassment is the unwelcome attention of a sexual nature. It includes a range of behavior from mild transgressions and annoyances to serious abuses, which can even involve forced sexual activity. Sexual harassment is considered a form of illegal discrimination in many countries, and is a form of abuse (sexual and psychological) and bullying.

Sexual harassment involves a wide range of behaviors, from a preponderance of sexually explicit materials and obscenities in the workplace, to flagrant sexual advances, or the tying of job benefits to sexual favors. As such, it has been difficult to define, and harasser or victim may be unaware that their actions or experience may be grounds for legal action. Unfortunately, such behaviors occur with significant frequency in both the workplace and educational settings, with large numbers of young people experiencing such behavior.

Sexual behavior is related to the very purpose of human existence: Love, the production of new life, and the continuation of lineage. With such significant social ramifications, most societies set limits, through social norms and taboos, moral and religious guidelines, and legal constraints, on what is permissible. Sexual harassment violates these limits, threatening the core of the victim's being. It has no place in healthy society.

Range of behaviors and circumstances

Sexual harassment takes the form of a wide range of behaviors and in a number of different circumstances.

Behaviors

One of the difficulties in understanding sexual harassment is that it involves a range of behavior, and is often difficult for the recipient to describe to themselves, and to others, exactly what they are experiencing. Moreover, behavior and motives vary among harassers:

Most harassers don't try to justify their behavior; they don't think about it. If asked, they may say they are just having fun and don't cause any harm. A few, though, consciously seek to humiliate their victims.^[1]

"The Winner" is a common profile that confuses harassment victims and others in the community because they do not seem like the type who would "need" to abuse anyone. An adult male harasser is often middle aged, married with children, a churchgoer, and someone who is highly respected in the community. A teacher who sexually harasses students may have been named "Teacher of the Year" or be Chair of their department. A young harasser may be captain of the football team, an honor student sure to attend an Ivy League school, or some other young person who thinks they have everything going for him or her (and so does everyone else).

Sexual harassers may be divided into two broad classes: Public and private. "Public harassers" are flagrant in their seductive or sexist attitudes towards colleagues, subordinates, students, and others. "Private" harassers carefully cultivate a restrained and respectable image on the surface, but when alone with their target, their demeanor changes completely.^[2]

Harassers may have several motivations. First there is the "predatory harasser" who gets sexual thrills from humiliating others. This harasser may become involved in sexual extortion, and may frequently harass just to see how targets respond—those who show no resistance may even become targets for rape. Next, there is the "dominance harasser," the most common type, who engages in harassing behavior as an ego boost. Third are "strategic" or "territorial harassers," who seek to maintain privilege in jobs or physical locations, for example a man's harassment of female employees in a predominantly male occupation.^[3]

Sexualized environments

Sexualized environments are environments where obscenities, sexual joking, sexually explicit graffiti, viewing Internet pornography, sexually degrading posters and objects, and so forth are common. None of these behaviors or objects may necessarily be directed at anyone in particular. However, they can create an offensive environment, and one that is consistent with “hostile environment sexual harassment." For example, in the case of Morse v. Future Reality Ltd in the United Kingdom (1996), the female complainant was awarded compensation after her superiors ignored her complaint that her office mates spent much time studying sexually explicit images downloaded from the Internet, and creating a “general atmosphere of obscenity” in the office.^[4]

Sexualized environments have also been shown to create atmospheres that encourage more serious and direct sexual harassment. For example, when obscenities are common in the workplace, women are three times more likely to be treated as sex objects, and to be directly sexually harassed than in environments where profanity is not tolerated. When sexual joking is common, sexual harassment is three to seven times more likely.^[5]

Rituals and initiations

Sexual harassment can also occur in group settings as part of rituals or ceremonies, such as when members engage newcomers in abusive or sexually explicit rites as part of hazing or initiation. While such "traditions" have historically remained in arenas of male-bonding, such as team sports and fraternities, it has become increasingly common for girls and women's groups to engage in similar ceremonies. For example, as women’s sports become more widespread, some have begun to mimic the hazing and other practices characteristic of men’s sports in order to try to be accepted by men in sport.^[6]

Circumstances

Sexual harassment can occur in a variety of circumstances. The harasser can be anyone, such as a supervisor, a client, a co-worker, a teacher or professor, a student, a friend, or a stranger. The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it. While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful. The victim can be male or female. The harasser can be male or female. The harasser does not have to be of the opposite gender. The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment, or may be completely unaware that his or her actions could be unlawful.

Quid pro quo sexual harassment

In the workplace, "Quid pro quo" sexual harassment 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 does not sleep with him.^[7] 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 of 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.^[8]

Hostile environment sexual harassment

"Hostile environment" sexual harassment occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct. The courts will try to decide whether the conduct is both "serious" and "frequent." Supervisors, managers, co-workers, and even customers can be responsible for creating a hostile environment.^[9] A famous hostile environment sexual harassment case was Jenson v. Eveleth Taconite Co., which inspired the film, North Country.

The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge. At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply:

"Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred.^[8]

Retaliation

Retaliation occurs when an employee suffers a "negative action" after they make a report of sexual harassment, file a grievance, assist someone else with a complaint, or participate in discrimination prevention activities. Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job re-assignment—any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination. Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove. Also, retaliation is illegal even if the original charge of sexual harassment was not proven.

Effects of sexual harassment

The effects of sexual harassment are felt both by the individual victim, and by the surrounding work or educational environment of the organization.

Victim

Common professional, academic, financial, and social effects of sexual harassment include:

Decreased work or school performance; increased absenteeism
Loss of job or career, loss of income
Having to drop courses, change academic plans, or leave school (loss of tuition)
Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack (Note: this rarely occurs for the perpetrator.)
Being objectified and humiliated by scrutiny and gossip
Becoming publicly sexualized (groups of people "evaluate" the victim to establish if they are "worth" the sexual attention or the risk to the harasser's career)
Defamation of character and reputation
Loss of trust in environments similar to where the harassment occurred
Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun them altogether)
Having to relocate to another city, another job, or another school
Loss of references and recommendations

Psychological and health effects that can occur in someone who has been sexually harassed include depression, anxiety and/or panic attacks, sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of motivation, stomach problems, eating disorders (weight loss or gain), feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self esteem, withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD), complex post-traumatic stress disorder, and suicidal thoughts or attempts.

Organization

The organization where the victim works or studies also suffers as a result of sexual harassment incidence. Some common problems include:

Decreased productivity and increased team conflict
Decrease in success at meeting financial goals (because of team conflict)
Decreased job satisfaction
Loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers; loss of students who leave school to avoid harassment
Decreased productivity and/or increased absenteeism by staff or students experiencing harassment
Increased health care costs and sick pay costs because of the health consequences of harassment
The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment
If the problem is ignored, a company’s or school's image can suffer
Legal costs if the problem is ignored and complainants take the issue to court.

Sexual harassment law

United States

Workplace

In the United States, the Civil Rights Act of 1964 Title VII prohibits employment discrimination based on race, gender, color, national origin, or religion. The prohibition of gender discrimination covers both females and males, but the origin of the law was to protect women in the workplace. Such discrimination occurs when the gender of the worker is made a condition of employment (such as all male waiters or carpenters) or where this is a job requirement that does not mention gender but in fact bars many more persons of one gender than the other from the job (such as height and weight limits).

Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used.^[10] In 1976, Williams v. Saxbe established sexual harassment as a form of gender discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. In 1980, the Equal Employment Opportunity Commission (EEOC) issued regulations defining sexual harassment, stating it was a form of discrimination prohibited by the Civil Rights Act of 1964. In the 1986 case of Michelle Vinson v. Merit One Savings Bank, the United States Supreme Court first recognized “sexual harassment” as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer liability, and that speech or conduct in itself can create a "hostile environment." The Civil Rights Act of 1991 added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory (punitive) damages for sexual discrimination or harassment, and the case of Ellison v. Brady resulted in rejecting the "reasonable person" standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed taking into account that "women who are victims of mild forms of sexual harassment may understandably worry whether a harasser’s conduct is merely a prelude to violent sexual assault."^[11] Also in 1991, Jenson v. Eveleth Taconite Co. became the first sexual harassment case to be given class action status, paving the way for others. Seven years later, in 1998, this case would establish new precedents for setting limits on the "discovery" process in sexual harassment cases, and allowing psychological injuries from the litigation process to be included in assessing damages awards. In the same year, the courts concluded in Faragher v. City of Boca Raton, Florida^[12] and Burlington v. Ellerth^[13] that employers are liable for harassment by their employees. Moreover, Oncale v. Sundowner Offshore Services set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire," stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.

In the 2006 case of Burlington Northern & Santa Fe Railway Co. v. White, the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.^[14]

Education

Title IX of the Education Amendments of 1972 (United States) states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

In Franklin v. Gwinnett County Public Schools (1992), the U.S. Supreme Court held that private citizens could collect damage awards when teachers sexually harassed their students.^[15] In Bethel School District No. 403 v. Fraser (1986) the courts ruled that schools have the power to discipline students if they use "obscene, profane language or gestures" which could be viewed as substantially interfering with the educational process, and inconsistent with the "fundamental values of public school education."^[16] Under regulations issued in 1997, by the U.S. Department of Education, which administers Title IX, school districts should be held responsible for harassment by educators if the harasser "was aided in carrying out the sexual harassment of students by his or her position of authority with the institution."^[17] In 1999, Davis v. Monroe County Board of Educationand Murrell v. School Dist. No. 1 assigned liability to schools for peer-to-peer sexual harassment if the plaintiff sufficiently demonstrated that the administration's response showed "deliberate indifference" to "actual knowledge" of discrimination.^[18]

Other jurisdictions

Many jurisdictions outside the United States have adopted their own definitions of sexual harassment, intended to cover essentially the same forms of undesirable conduct. However, if a country has officially outlawed sexual harassment, most define the behavior similarly to that of the U.S. Most definitions include something along the lines of unwelcome, unsuitable, or insulting conduct. Such countries include the Czech Republic, Denmark, France, India, Israel, and the United Kingdom. Some include provisions that victims are responsible for confronting their persecutor. Some countries, such as Poland, do not have specific provisions referring to workplace sexual harassment even if there are generally laws against it.

Occurrence

A variety of reports and surveys indicate that sexual harassment is a rather common occurrence, both in the workplace and educational settings. Moreover, it is important to acknowledge that statistics do not give a complete picture of the pervasiveness of the problem as most sexual harassment situations go unreported.

Sexual harassment in the workplace

While the majority of sexual harassment complaints come from women, the number of complaints filed by men is rapidly increasing. "It affects both women and men, causing stress, health problems and financial penalties when they leave their jobs to avoid it," said Jenny Watson, chair of the EOC.^[19]

Sexual harassment in education

A national survey of American public school students in 8th through 11th grades by the American Association of University Women (AAUW) revealed that 83 percent of girls and 60 percent of boys had been sexually harassed.^[20] In their 2006 study on sexual harassment at colleges and universities, the AAUW reported that 62 percent of female college students and 61 percent of male college students reported having been sexually harassed at their university, with 80 percent of the reported harassment being peer-to-peer. 51 percent of male college students admitted to sexually harassing someone in college, with 22 percent admitting to harassing someone often or occasionally. 31 percent of female college students admitted to harassing someone in college.^[21]

Debates

Though the phrase "sexual harassment" is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial. Moreover, sexual harassment law has been criticized for imposing on the right to free speech.^[22] There is also concern over "abuses" of sexual harassment policy, and employers and administrators using accusations as a way of expelling employees they want to eliminate for other reasons.^[23]

Some feminist groups have criticized sexual harassment policy as helping maintain archaic stereotypes of women as "delicate, asexual creatures" who require special protection.^[24] Camille Paglia has even gone as far as to blame young girls if they are sexually harassed, saying their own "niceness" provokes it. Paglia commented in an interview with Playboy:

Realize the degree to which your niceness may invoke people to say lewd and pornographic things to you—sometimes to violate your niceness. The more you blush, the more people want to do it.^[25]

Sexual harassment policy and legislation have been criticized as attempts to "regulate romance" which goes against "human urges." Other critics assert that sexual harassment is a very serious problem, but current views focus too heavily on sexuality rather than on the type of conduct that undermines the ability of women or men to work together effectively:

Many of the most prevalent forms of harassment are designed to maintain work—particularly the more highly rewarded lines of work—as bastions of male competence and authority.^[26]

Feminist Jane Gallop sees this evolution of the definition of sexual harassment as coming from a "split" between what she calls "power feminists" who are pro-sex (like herself) and what she calls "victim feminists," who are not. She argues that the split has helped lead to a "perversion" of the definition of sexual harassment, which used to be about sexism but has come to be about anything sexual.^[27]

Notes

↑ Brian Martin, Sexual Harassment and Nonviolent Action Nonviolence Today 48 (January-February 1996): 8-9. Retrieved August 21, 2020.
↑ Billie Wright Dziech and Linda Weiner, The Lecherous Professor: Sexual Harassment on Campus (Chicago, IL: University of Illinois Press, 1990).
↑ Martha Langelan, Back Off: How to Confront and Stop Sexual Harassment and Harassers (Fireside, 1993).
↑ Ms M Morse v Future Reality Ltd London North Employment Tribunal 22nd October 1996, Case Number 54571/95. Retrieved August 21, 2020.
↑ Mary L. Boland, Sexual Harassment: Your Guide to Legal Action (Naperville, IL: Sphinx Publishing, 2002).
↑ Women Sport International, WSI Position Statement WomenSport International, March 2004. Retrieved August 21, 2020.
↑ The Law & Your Job: What is quid pro quo harassment? American Bar Association, March 18, 2013. Retrieved August 21, 2020.
↑ ^8.0 ^8.1 Policy Guidance on Current Issues of Sexual Harassment U.S. Equal Opportunity Commission, March 19, 1990. Retrieved August 21, 2020.
↑ The Law & Your Job: What is hostile environment harassment? American Bar Association, March 18, 2013. Retrieved August 21, 2020.
↑ Wendy McElroy, The Sad Evolution of Sexual Harassment iFeminists, October 27, 2004. Retrieved August 21, 2020.
↑ Ellison v. Brady, 924 F. 2d 872 - Court of Appeals, 9th Circuit 1991 Retrieved August 21, 2020.
↑ Findlaw, Faragher v. City of Boca Raton, Florida Retrieved August 21, 2020.
↑ Findlaw, Burlington v. Ellerth Retrieved August 21, 2020.
↑ Burlington Northern & Santa Fe Railway Co. v. White Retrieved August 21, 2020.
↑ Franklin v. Gwinnett County Public Schools Retrieved August 21, 2020.
↑ Bethel School District No. 403 v. Fraser Retrieved August 21, 2020.
↑ Sexual Harassment Guidance Office for Civil Rights, March 13, 1997. Retrieved August 21, 2020.
↑ Davis v. Monroe County Board of Education Retrieved August 21, 2020.
↑ Gaby Hinsliff, Sexual harassment of men revealed The Observer, June 24, 2006. Retrieved August 21, 2020.
↑ Anne L. Bryant, Hostile hallways: The AAUW survey on sexual harassment in America's schools American Association of University Women, 1993. Retrieved August 21, 2020.
↑ Catherine Hill and Elena Silva, Drawing the Line: Sexual Harassment on Campus American Association of University Women. Retrieved August 21, 2020.
↑ Eugene Volokh, Freedom of Speech and Workplace Harassment Retrieved July 17, 2007.
↑ Kenneth Westhues, Eliminating Professors: A Guide to the Dismissal Process (Lewiston, NY: The Edwin Mellen Press 1999).
↑ Feminists for Free Speech, Feminism and Free Speech Freedom of Speech and Workplace Harassment 39 UCLA L. Rev. 1791 (1991-1992). Retrieved August 21, 2020.
↑ Camille Paglia Interview Playboy, May 1995. Retrieved August 21, 2020.
↑ Jonathan R. Alger, Love, Lust, and the Law Sexual Harassment in the Academy Academe 84(5)(Sep-Oct 1998): 34-39. Retrieved August 21, 2020.
↑ Jane Gallop, Feminist Accused of Sexual Harassment (Duke University Press, 1997).

References
ISBN links support NWE through referral fees

American Association of University Women. Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School. AAUW, 2002.
American Association of University Women. Drawing the Line: Sexual Harassment on Campus. AAUW, 2006.
Bingham, Clara and Laura Leedy Gansler. Class Action: The Landmark Case that Changed Sexual Harassment Law. New York: Anchor Books, 2003. ISBN 978-0385496131
Boland, Mary L. Sexual Harassment: Your Guide to Legal Action. Naperville, IL: Sphinx Publishing, 2002. ISBN 978-1572482173
Dziech, Billie Wright and Linda Weiner. The Lecherous Professor: Sexual Harassment on Campus. Chicago: University of Illinois Press, 1990. ISBN 978-0252061189
Gallop, Jane. Feminist Accused of Sexual Harassment. Duke University Press, 1997. ISBN 978-0822319184
Kamir, Orit. "Israel's 1998 Sexual Harassment Law: Prohibiting Sexual Harassment, Sexual Stalking, and Degradation Based on Sexual Orientation in the Workplace and in all Social Settings." International Journal of Discrimination and Law, 2005, 7 , 315-336.
Koss, Mary P. "Changed Lives: The Psychological Impact of Sexual Harassment." In Paludi, Michele A. ed. Ivory Power: Sexual Harassment On Campus. Albany, NY: State University of New York Press, 1991. ISBN 978-0791404584
Langelan, Martha. Back Off: How to Confront and Stop Sexual Harassment and Harassers. Fireside, 1993. ISBN 978-0671788568
Patai, Daphne. Heterophobia: Sexual Harassment and the Future of Feminism. Lanham, MA: Rowman and Littlefield, 2000. ISBN 978-0847689880
Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment." In Brant, Clare and Yun Lee Too, eds., Rethinking Sexual Harassment. Boulder, CO: Pluto Press, 1994. ISBN 978-0745308388
Westhues, Kenneth. Eliminating Professors: A Guide to the Dismissal Process. Lewiston, NY: The Edwin Mellen Pres, 1999. ISBN 0773482105

External links

All links retrieved January 26, 2023.

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Sexual_harassment ^history

The history of this article since it was imported to New World Encyclopedia:

History of "Sexual harassment"

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[1] Brian Martin, Sexual Harassment and Nonviolent Action Nonviolence Today 48 (January-February 1996): 8-9. Retrieved August 21, 2020.

[2] Billie Wright Dziech and Linda Weiner, The Lecherous Professor: Sexual Harassment on Campus (Chicago, IL: University of Illinois Press, 1990).

[3] Martha Langelan, Back Off: How to Confront and Stop Sexual Harassment and Harassers (Fireside, 1993).

[4] Ms M Morse v Future Reality Ltd London North Employment Tribunal 22nd October 1996, Case Number 54571/95. Retrieved August 21, 2020.

[5] Mary L. Boland, Sexual Harassment: Your Guide to Legal Action (Naperville, IL: Sphinx Publishing, 2002).

[6] Women Sport International, WSI Position Statement WomenSport International, March 2004. Retrieved August 21, 2020.

[7] The Law & Your Job: What is quid pro quo harassment? American Bar Association, March 18, 2013. Retrieved August 21, 2020.

[USEOC-8] 8.0 ^8.1 Policy Guidance on Current Issues of Sexual Harassment U.S. Equal Opportunity Commission, March 19, 1990. Retrieved August 21, 2020.

[9] The Law & Your Job: What is hostile environment harassment? American Bar Association, March 18, 2013. Retrieved August 21, 2020.

[10] Wendy McElroy, The Sad Evolution of Sexual Harassment iFeminists, October 27, 2004. Retrieved August 21, 2020.

[11] Ellison v. Brady, 924 F. 2d 872 - Court of Appeals, 9th Circuit 1991 Retrieved August 21, 2020.

[12] Findlaw, Faragher v. City of Boca Raton, Florida Retrieved August 21, 2020.

[13] Findlaw, Burlington v. Ellerth Retrieved August 21, 2020.

[14] Burlington Northern & Santa Fe Railway Co. v. White Retrieved August 21, 2020.

[15] Franklin v. Gwinnett County Public Schools Retrieved August 21, 2020.

[16] Bethel School District No. 403 v. Fraser Retrieved August 21, 2020.

[17] Sexual Harassment Guidance Office for Civil Rights, March 13, 1997. Retrieved August 21, 2020.

[18] Davis v. Monroe County Board of Education Retrieved August 21, 2020.

[19] Gaby Hinsliff, Sexual harassment of men revealed The Observer, June 24, 2006. Retrieved August 21, 2020.

[20] Anne L. Bryant, Hostile hallways: The AAUW survey on sexual harassment in America's schools American Association of University Women, 1993. Retrieved August 21, 2020.

[21] Catherine Hill and Elena Silva, Drawing the Line: Sexual Harassment on Campus American Association of University Women. Retrieved August 21, 2020.

[22] Eugene Volokh, Freedom of Speech and Workplace Harassment Retrieved July 17, 2007.

[23] Kenneth Westhues, Eliminating Professors: A Guide to the Dismissal Process (Lewiston, NY: The Edwin Mellen Press 1999).

[24] Feminists for Free Speech, Feminism and Free Speech Freedom of Speech and Workplace Harassment 39 UCLA L. Rev. 1791 (1991-1992). Retrieved August 21, 2020.

[25] Camille Paglia Interview Playboy, May 1995. Retrieved August 21, 2020.

[26] Jonathan R. Alger, Love, Lust, and the Law Sexual Harassment in the Academy Academe 84(5)(Sep-Oct 1998): 34-39. Retrieved August 21, 2020.

[27] Jane Gallop, Feminist Accused of Sexual Harassment (Duke University Press, 1997).

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@@ Line 1: / Line 1: @@
-{{Claimed}}{{Started}}
+{{Submitted}}{{Approved}}{{Paid}}{{copyedited}}
 [[Category:Law]]
 [[Category:Sociology]]
 [[Category:Politics and social sciences]]
+[[File:-The Blackmail.png|thumb|250px|The harasser threatens the victim]]
+'''Sexual harassment''' is the unwelcome attention of a [[human sexuality|sexual]] nature. It includes a range of behavior from mild transgressions and annoyances to serious abuses, which can even involve forced sexual activity. Sexual harassment is considered a form of [[Law|illegal]] [[discrimination]] in many countries, and is a form of [[abuse]] ([[sexual abuse|sexual]] and [[Psychological abuse|psychological]]) and [[bullying]].
-'''Sexual harassment''' is [[harassment]] or unwelcome attention of a [[sexual]] nature.  It includes a range of behavior from mild transgressions and annoyances to serious abuses, which can even involve forced sexual activity. Sexual harassment is considered a form of [[Law|illegal]] [[discrimination]] in many countries, and is a form of [[abuse]] ([[sexual abuse|sexual]] and [[Psychological abuse|psychological]]) and [[bullying]].
+Sexual harassment involves a wide range of behaviors, from a preponderance of sexually explicit materials and [[obscenity|obscenities]] in the workplace, to flagrant sexual advances, or the tying of job benefits to sexual favors. As such, it has been difficult to define, and harasser or victim may be unaware that their actions or experience may be grounds for legal action. Unfortunately, such behaviors occur with significant frequency in both the workplace and [[education]]al settings, with large numbers of young people experiencing such behavior.
+{{toc}}
+Sexual behavior is related to the very purpose of human existence: [[Love]], the production of new [[life]], and the continuation of [[lineage]]. With such significant social ramifications, most societies set limits, through social [[norm]]s and [[taboo]]s, [[moral]] and [[religion|religious]] guidelines, and [[law|legal]] constraints, on what is permissible. Sexual harassment violates these limits, threatening the core of the victim's being. It has no place in healthy society.
-==Evolution of sexual harassment law==
+==Range of behaviors and circumstances==
-===United States===
+Sexual harassment takes the form of a wide range of behaviors and in a number of different circumstances.
-====Workplace====
-In the United States, the [[Civil Rights Act of 1964|Civil Rights Act of 1964 Title VII]] prohibits employment discrimination based on race, sex, color, national origin or religion. The prohibition of sex discrimination covers both females and males, but the origin of the law was to protect women in the workplace and that is its main emphasis today. This discrimination occurs when the sex of the worker is made as a condition of employment (i.e. all male waiters or carpenters) or where this is a job requirement that does not mention sex but ends up barring many more persons of one sex than the other from the job (such as height and weight limits).
-Barnes v. Train (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used.<ref>[http://www.wendymcelroy.com/ifeminists/2004/1027.html The Sad Evolution of Sexual Harassment] October 27, 2004</ref> In 1976, Williams v. Saxbe established sexual harassment as a form of sex discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. In 1980 the [[Equal Employment Opportunity Commission]] (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act of 1964.  In the 1986 case of [[Meritor Savings Bank v. Vinson|Michelle Vinson v. Merit One Savings Bank]], the Supreme Court first recognized “sexual harassment” as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer [[liability]], and that speech or conduct in itself can create a "[[hostile environment sexual harassment|hostile environment]]."  The [[Civil Rights Act of 1991]] added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory (punitive) [[damages]] for sexual discrimination or harassment, and the case of [http://shsf.invisionzone.com/index.php?showtopic=445 Ellison v. Brady] resulted in rejecting the [[reasonable person]] standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed from the perspective of the complainant and not the defendant.  Also in 1991, [[Jenson v. Eveleth Taconite Co.]] became the first sexual harassment case to be given [[class action]] status, paving the way for others. Seven years later, in 1998, this case would establish new precedents for setting limits on the "[[Discovery (law)|discovery]]" process in sexual harassment cases, and allowing psychological injuries from the [[litigation]] process to be included in assessing damages awards.  In the same year, the courts concluded in [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=97-282 Faragher v. City of Boca Raton, Florida], and [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=97-569 Burlington v. Ellerth], that employers are liable for harassment by their employees.  Moreover, [[Oncale v. Sundowner Offshore Services]] set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire," stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.
-In the 2006 case of [http://docket.medill.northwestern.edu/archives/003256.php Burlington Northern & Santa Fe Railway Co. v. White], the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.
+===Behaviors===
+One of the difficulties in understanding sexual harassment is that it involves a range of behavior, and is often difficult for the recipient to describe to themselves, and to others, exactly what they are experiencing. Moreover, behavior and motives vary among harassers:
+<blockquote>Most harassers don't try to justify their behavior; they don't think about it. If asked, they may say they are just having fun and don't cause any harm. A few, though, consciously seek to humiliate their victims.<ref>Brian Martin, [https://documents.uow.edu.au/~bmartin/pubs/96BRnvt.html Sexual Harassment and Nonviolent Action] ''Nonviolence Today'' 48 (January-February 1996): 8-9. Retrieved August 21, 2020.</ref></blockquote>
-====Education====
+"The Winner" is a common profile that confuses harassment victims and others in the community because they do not seem like the type who would "need" to abuse anyone. An adult male harasser is often middle aged, married with children, a churchgoer, and someone who is highly respected in the community. A [[teacher]] who sexually harasses students may have been named "Teacher of the Year" or be Chair of their department. A young harasser may be captain of the [[football]] team, an honor student sure to attend an [[Ivy League]] school, or some other young person who thinks they have everything going for him or her (and so does everyone else).
-[[Title IX]] of the Education Amendments of 1972 (United States) states "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
-In [http://www.law.cornell.edu/supct/html/historics/USSC_CR_0503_0060_ZS.html Franklin v. Gwinnett County Public Schools](1992), the U.S. Supreme Court held that private citizens could collect damage awards when teachers sexually harassed their students.  In [http://www.law.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html Bethel School District No. 403 v. Fraser] (1986) the courts ruled that schools have the power to discipline students if they use "obscene, profane language or gestures" which could be viewed as substantially interfering with the educational process, and inconsistent with the "fundamental values of public school education." Under regulations issued in 1997 by the U.S. [[United States Department of Education|Department of Education]], which administers [[Title IX]], school districts should be held responsible for harassment by educators if the harasser "was aided in carrying out the sexual harassment of students by his or her position of authority with the institution."<ref>[http://www.ed.gov/about/offices/list/ocr/docs/sexhar00.html Sexual Harassment Guidance]</ref> In [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=97-843 Davis v. Monroe County Board of Education], and [http://www.kscourts.org/CA10/cases/1999/08/97-1055.htm Murrell v. School Dist. No. 1], 1999, schools were assigned liability for peer-to-peer sexual harassment if the plaintiff sufficiently demonstrated that the administration's response shows "deliberate indifference" to "actual knowledge" of discrimination.
+Sexual harassers may be divided into two broad classes: Public and private. "Public harassers" are flagrant in their seductive or sexist [[attitude]]s towards colleagues, subordinates, students, and others. "Private" harassers carefully cultivate a restrained and respectable image on the surface, but when alone with their target, their demeanor changes completely.<ref>Billie Wright Dziech and Linda Weiner, ''The Lecherous Professor: Sexual Harassment on Campus'' (Chicago, IL: University of Illinois Press, 1990).</ref>
-===Other jurisdictions===
+Harassers may have several motivations. First there is the "predatory harasser" who gets sexual thrills from humiliating others. This harasser may become involved in sexual [[extortion]], and may frequently harass just to see how targets respond—those who show no resistance may even become targets for [[rape]]. Next, there is the "dominance harasser," the most common type, who engages in harassing behavior as an ego boost. Third are "strategic" or "territorial harassers," who seek to maintain privilege in jobs or physical locations, for example a man's harassment of female employees in a predominantly male occupation.<ref>Martha Langelan, ''Back Off: How to Confront and Stop Sexual Harassment and Harassers'' (Fireside, 1993).</ref>
-Many jurisdictions outside the United States have adopted their own definitions of sexual harassment, intended to cover essentially the same forms of undesirable conduct. However, if a country has officially outlawed sexual harassment, most define the behavior similarly to that of the U.S., some examples below:
-*'''Czech Republic:''' Undesirable behavior of a sexual nature at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can be justifiably perceived by the party concerned as a condition for decisions affecting the exercise of rights and obligations ensuring from labor relations.<ref name="each_law">[http://www.avrio.net/593.0.html Employment Law in Each Country]</ref>
+====Sexualized environments====
+Sexualized environments are environments where [[obscenity|obscenities]], sexual [[Joke|joking]], sexually explicit [[graffiti]], viewing [[Internet]] [[pornography]], sexually degrading [[poster]]s and objects, and so forth are common. None of these behaviors or objects may necessarily be directed at anyone in particular. However, they can create an offensive environment, and one that is consistent with “[[hostile environment sexual harassment]]." For example, in the case of ''Morse v. Future Reality Ltd'' in the United Kingdom (1996), the female complainant was awarded compensation after her superiors ignored her complaint that her office mates spent much time studying sexually explicit images downloaded from the Internet, and creating a “general atmosphere of obscenity” in the office.<ref>[https://www.eradar.eu/ms-m-morse-v-future-reality-limited/ Ms M Morse v Future Reality Ltd] London North Employment Tribunal 22nd October 1996, Case Number 54571/95. Retrieved August 21, 2020.</ref>
-*'''Denmark:''' Sexual harassment is defined as, when any verbal, non-verbal or physical action is used to change a victim's sexual status against the will of the victim and resulting in the vectim feeling inferior or hurting the victim's dignity. Man and woman are looked upon as equal, and any action trying to change the balance in status with the differences in sex as a tool, is also sexual harassment. In the workplace, jokes, remarks, etc., are only deemed discriminatory if the employer has stated so in their written policy. Women are viewed as being responsible for confronting harassment themselves, such as by slapping the harasser in the face. Law number 1385 of December 21, 2005 regulates this area. <ref name="Denmark law">[http://www.ku.dk/regel/2/2002.html#LOV%20nr%201385 Denmark Law]</ref>
+Sexualized environments have also been shown to create atmospheres that encourage more serious and direct sexual harassment. For example, when obscenities are common in the workplace, women are three times more likely to be treated as sex objects, and to be directly sexually harassed than in environments where [[profanity]] is not tolerated. When sexual joking is common, sexual harassment is three to seven times more likely.<ref>Mary L. Boland, ''Sexual Harassment: Your Guide to Legal Action'' (Naperville, IL: Sphinx Publishing, 2002).</ref>
-*'''France:''' Article 222-33 of the French Criminal Code describes sexual harassment as, "The fact of harassing anyone using orders, threats or constraint, in order to obtain favors of a sexual nature, by a person abusing the authority that functions confer on him..." Moral harassment occurs when an employee is subjected to repeated acts (one is not enough) the aim or effect of which may result in a degradation (deterioration) of his conditions of employment that might undermine his rights and his dignity, affect his physical or mental health or jeopardize his professional future.  Sexual as well as the moral harassment is recognized by the law.<ref>[http://www.nla.org/library/spring97/pg22.html Sexual Harassment in the Workplace in France and in the United States] Spring 1997 </ref>
+====Rituals and initiations====
+Sexual harassment can also occur in group settings as part of [[ritual]]s or [[ceremony|ceremonies]], such as when members engage newcomers in abusive or sexually explicit [[Rite of passage|rites]] as part of [[hazing]] or [[initiation]]. While such "[[tradition]]s" have historically remained in arenas of [[male-bonding]], such as [[team sport]]s and [[fraternity|fraternities]], it has become increasingly common for girls and women's groups to engage in similar ceremonies. For example, as [[Female sport|women’s sports]] become more widespread, some have begun to mimic the hazing and other practices characteristic of men’s sports in order to try to be accepted by men in [[sport]].<ref>Women Sport International, [http://www.sportsbiz.bz/womensportinternational/taskforces/wsi_position_statement.htm WSI Position Statement] ''WomenSport International'', March 2004. Retrieved August 21, 2020.</ref>
-*'''India:''' Sexual harassment in India )and [[Pakistan]])is termed "[[Eve teasing]]" and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances;  showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.<ref name="india_rape" />
-*'''Israel: '''The 1998 Israeli Sexual Harassment Law interprets sexual harassment broadly, and prohibits the behavior as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person’s right to elementary respect, and an infringement of the right to privacy.  Additionally, the law prohibits intimidation or retaliation that accommodates sexual harassment. Intimidation or retaliation thus related to sexual harassment are defined by the law as “prejudicial treatment.” (Kamir, 2005)
-*'''Pakistan:''' Pakistan has adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment.  The Alliance Against Sexual Harassment (AASH) announced they would be working with the committee to establish guidelines for the proceedings.  AASH defines sexual harassment much the same as it is defined in the U.S. and other cultures.<ref>[http://www.aasha.org.pk/ AASHA - (Pakistan) Alliance Against Sexual Harassment]</ref>
-*'''Poland:''' There is no special provision in the employment law that provides for moral or sexual harassment; however it is commonly accepted by the jurisprudence, that sexual harassment occurs when the employee is subjected to acts of another person in order to obtain favours of a sexual nature.  Moral harassment occurs when en employee is subjected to acts which may result in a deterioration of his conditions of employment or undermine his rights and dignity as well as affect his physical or moral health. These definitions are not legal ones, but definitions accepted by the jurisprudence.<ref name="each_law" />
-*'''Russia:''' In the Criminal Code, Russian Federation, (CC RF), there exists a law which prohibits utilization of an office position and material dependence for coercion of sexual interactions (Article 118, current CC RF). However, according to the Moscow Center for Gender Studies, in practice, the courts do not examine these issues.<ref>[http://shsf.invisionzone.com/index.php?s=a1f5e83af0f492d74310d4d1a073b792&showtopic=279 Sexual Harassment in Russian Workplaces - Sexual Harassment Support Forum]</ref>
-*'''United Kingdom:''' The Discrimination Act of 1975, was modified to establish sexual harassment as a form of discrimination in 1986. <ref>[http://www.eoc-law.org.uk/default.aspx?page=4666 Strathclyde Regional Council v Porcelli [1986] IRLR 134 Court of Session]</ref>  It states that harassment occurs where there is unwanted conduct on the ground of a person's sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment.<ref>[http://www.eoc.org.uk/Default.aspx?page=15657 Sexual Harassment: what the law says]</ref>
-==Range of behavior and circumstances==
-===Varied circumstances===
-Sexual harassment can occur in a variety of circumstances. The harasser can be anyone, such as a supervisor, a client, a co-worker, a teacher or professor, a student, a friend, or a stranger. The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it. While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful. The victim can be male or female. The harasser can be male or female. The harasser does not have to be of the opposite sex. The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful.<ref name="EEOC_SH" />
-===Varied behaviors===
-One of the difficulties in understanding sexual harassment is that it involves a range of behavior, and is often difficult for the recipient to describe to themselves, and to others, exactly what they are experiencing.  Moreover, behavior and motives vary between individual harassers.
-====Behavioral classes====
-Dzeich (Dzeich et al 1990) has divided harassers into two broad classes: public and private.  ''Public harassers'' are flagrant in their seductive or sexist attitudes towards colleagues, subordinates, students, etc.  ''Private'' harassers carefully cultivate a restrained and respectable image on the surface, but when alone with their target, their demeanor changes completely.
-Langelan describes three different classes of harassers.  First there is the ''predatory harasser'' who gets sexual thrills from humiliating others.  This harasser may become involved in sexual extortion, and may frequently harass just to see how targets respond—those who don't resist may even become targets for rape. Next, there is the ''dominance harasser,'' the most common type, who engages in harassing behaviour as an ego boost. Third are ''strategic'' or ''territorial harassers,'' who seek to maintain privilege in jobs or physical locations, for example a man's harassing female employees in a predominantly male occupation. (Langelan, 1993)
-Attorney Mary Jo McGrath describes "''The Winner''" as a common profile that confuses harassment victims and others in the community because they do not seem like the type who would ''need'' to abuse anyone.  An adult male harasser is often middle aged, married with children, a churchgoer, and someone who is highly respected in the community. A teacher who sexually harasses students may have been named "Teacher of the Year" or be Chair of their department.  A young harasser may be captain of the football team, an honor student sure to attend an Ivy League school, or some other young person who thinks they have everything going for him or her (and so does everyone else). McGrath writes that sexual harassment and abuse "are acts of violence and domination, not sensuality and flirtation. These acts are calculated to dominate and control, not enhance the enjoyment and safety of the targeted person ... The violator may be very high functioning in all other areas of his or her life, but is driven within this realm to act out needs inappropriately."<ref>[http://www.mcgrathinc.com/articles-035.html The Early Warning Signs of Sexual Harassment and Abuse In School]</ref>
-Brian Martin, an Australian associate professor of Science, Technology and Society writes "Most harassers don't try to justify their behaviour; they don't think about it. If asked, they may say they are just having fun and don't cause any harm. A few, though, consciously seek to humiliate their victims."<ref>[http://www.uow.edu.au/arts/sts/bmartin/pubs/96BRnvt.html Sexual Harassment and Nonviolent Action]</ref>
-====Types of harassment====
-This list below is based on categories defined by Dzeich (Dzeich et al,1990) and Truida Prekel, a South African management consultant.<ref>[http://www.capegateway.gov.za/eng/pubs/guides/S/63925 Sexual Harassment: Causes, Consequences and Cures]</ref>  There is usually more than one type of harassing behavior present (Boland 2002), so a single harasser will often fit more than one category.  These are brief summations of each type.  For a more in-depth discussion on patterns and types of harassment, see [http://www.sexualharassmentsupport.org/TypesOfHarassers.html Sexual Harassers] (Please note, these are not "legal" definitions; burdens of proof must comply with the guidelines described by the government.)
-'''The Power-player''' Legally termed "[[quid pro quo]]" harassment, the harasser insists on sexual favors in exchange for benefits they can dispense because of their position in the hierarchy: getting or keeping a job, favorable grades, recommendations, credentials, projects, promotion, orders, and other types of opportunities.
-'''The Mother/Father Figure (a.k.a. The Counselor-Helper)''' This harasser will try to create a mentor-like relationship with their target, all the while masking their sexual intentions with pretenses towards personal, professional, or academic attention.  This is a common method of [[Sexual harassment in education#Sexual harassment and abuse of students by teachers|teachers who sexually harass students]]. (For a good example, see [[Naomi Wolf]]'s article, [http://newyorkmetro.com/nymetro/news/features/n_9932/ The Silent Treatment] )
-'''One-of-the-Gang''' Often motivated by bravado or competition, or because the harasser(s) think it is funny (AAUW 2006), One-of-the-gang harassment occurs when groups of men or women embarrass others with lewd comments, physical evaluations, or other unwanted sexual attention. Harassers may act individually in order to belong or impress the others, or groups may gang up on a particular target.
-An extreme example is [[Tailhook Association|Tailhook '91]] during which participants sexually abused seven men and 83 women as part of a three-day aviator convention.<ref>[http://www.pbs.org/wgbh/pages/frontline/shows/navy/tailhook/ PBS Frontline: the navy blues: Tailhook '91]</ref>
-'''The Serial Harasser''' This type carefully builds up an image so that people would find it hard to believe they would do anyone any harm.  They plan their approach carefully, and strike in private so that it is their word against that of the victim.
-'''The [[Groping|Groper]]''' Whenever the opportunity presents itself, this harasser's eyes and hands begin to wander—in the elevator, when working late, at the office or department party.  They like to insist on (usually begrudged) kisses or hugs and sometimes involving grabbing the woman's breasts or anus. Called [[chikan (body contact)|chikan]] in [[Japan]], the problem is so pervasive there that men are increasingly being banned altogether from stores, restaurants, hotels, spas and even entertainment outlets, and [[women-only train car]]s have been created.<ref>[http://abcnews.go.com/GMA/International/story?id=803965&CMP=OTC-RSSFeeds0312 Japan Tries Women-Only Train Cars to Stop Groping]</ref><ref>[http://thescotsman.scotsman.com/international.cfm?id=1047972006 'Women only' signs make Japan's men fume]</ref>
-'''The Opportunist''' The Opportunist uses physical settings and circumstances, or infrequently occurring opportunities, to mask premeditated or intentional sexual behavior towards a target. This will often involve changing the environment in order to minimize inhibitory effects of the workplace or school(e.g private meetings, one-on-one "instruction," field trips, conferences)
-'''The Bully''' In this case, sexual harassment is used to punish the victim for some transgression, such as rejection of the harasser's interest or advances, or making the harasser feel insecure about themselves or their abilities.  The Bully uses sexual harassment to put the victim in his or her "proper place."
-'''The Confidante''' This type of harasser approaches the subordinate, or student, as an equal or a friend, sharing about their own life experiences and difficulties, inventing stories to win admiration and sympathy, and inviting the subordinate to share theirs so as to make them feel valued and trusted. Soon the relationship moves into an intimate domain from which the subordinate finds it difficult to separate.
-'''The Situational Harasser''' Harassing behavior begins when the perpetrator endures a traumatic event, or begins to experience very stressful life situations, such as psychological or medical problems, marital problems, or divorce.  The harassment will usually stop if the situation changes or the pressures are removed.
-'''The Pest'''  This is the stereotypical "won't take 'no' for an answer" harasser who persists in hounding a target for attention and dates even after persistent rejections. This behavior is usually misguided, with no malicious intent.
-'''The Great Gallant''' This mostly verbal harassment involves excessive compliments and personal comments that focus on appearance and gender, and are out of place or embarrassing to the recipient. Such comments are sometimes accompanied by leering looks. The "wolf whistles" of a [[Street harassment|street harasser]] are one example of this.
-'''The Intellectual Seducer''' Most often found in educational settings, this harasser will try to use their knowledge and skills as an avenue to gain access to a student, or information about a student, for sexual purposes. They may require students participate in exercises or "studies" that reveal information about their sexual experiences, preferences, and habits. They may use their skills, knowledge, and course content to impress a student as an avenue to [[Sexual harassment in education#Sexual harassment and abuse of students by teachers|harassing or seducing a student.]]
-'''The Incompetent''' These are socially inept individuals who desire the attentions of their target, who does not reciprocate these feelings.  They may display a sense of entitlement, believing their target should feel flattered by their attentions.  When rejected, this type of harasser may use bullying methods as a form of revenge.
-'''[[Stalking]]''' can also be a method of sexual harassment.
-====Sexualized environments (aka environmental harassment)====
+===Circumstances===
-Sexualized environments are environments where [[obscenities]], sexual [[Joke|joking]], sexually explicit [[graffiti]], viewing [[Internet pornography]], sexually degrading [[posters]] and objects, etc., are common.  None of these behaviors or objects may necessarily be directed at anyone in particular.  However, they can create an offensive environment, and one that is consistent with “[[hostile environment sexual harassment]]."  For example, in the case of Morse v. Future Reality Ltd. in the United Kingdom(1996), the female complainant was awarded compensation after her superiors ignored her complaint that her office mates spent much time studying sexually explicit images downloaded from the [[Internet]], and creating a “general atmosphere of obscenity” in the office. [http://www.eoc.org.uk/Default.aspx?page=15305 EOC: Sexual Harassment: case decisions] Sexualized environments have also been shown to create atmospheres that encourage more serious and direct sexual harassment.  For example, when obscenities are common in the workplace, women are 3 times more likely to be treated as sex objects, and be directly sexually harassed than in environments where profanity is not tolerated.  And when sexual joking is common, sexual harassment is 3 to 7 times more likely. (Boland, 2002)
+Sexual harassment can occur in a variety of circumstances. The harasser can be anyone, such as a supervisor, a client, a co-worker, a [[teacher]] or professor, a student, a friend, or a stranger. The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it. While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful. The victim can be male or female. The harasser can be male or female. The harasser does not have to be of the opposite gender. The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment, or may be completely unaware that his or her actions could be unlawful.
-====Rituals and initiations====
-Sexual harassment can also occur in group settings as part of [[rituals]] or [[ceremonies]], such as when members engage newcomers in abusive or sexually explicit [[Rite of passage|rites]] as part of [[hazing]] or [[initiation]]. While such ''[[traditions]]'' have historically remained in arenas of [[male-bonding]], such as [[team sports]] and [[fraternities]], it is becoming increasingly common for girls/women's groups to engage in similar ceremonies.<ref name="hazeprob">[http://www.stophazing.org/problem.htm Why is Hazing a Problem?]</ref> For example, as [[Female sport|women’s sports]] become more widespread, some have begun to mimic the hazing and other practices characteristic of traditional men’s sports in order to try to be accepted by men in [[sport]].<ref>[http://www.sportsbiz.bz/womensportinternational/taskforces/wsi_position_statement.htm WomenSport International: Position Statement]</ref> And stories of sexual abuse and harassment in sorority initiations are also appearing more and more frequently in the popular media. <ref>[http://www.deltasigmatheta.com/hazenews/haze15.htm 20/20's Report on Sorority Hazing] May 3, 1999</ref> While some suggest such activities are just “a [[joke]]”; others consider it degrading, insulting and even threatening—especially for many young people who have experienced sexual harassment, [[sexual abuse]], [[stalking]] or [[rape]].  Young people who lack confidence, or who are confused about their identity, may fall victim to such practices more easily than those who are self-assured.<ref name="hazeprob" />
-==Workplace==
+====Quid pro quo sexual harassment====
-===''Quid pro quo'' sexual harassment===
+In the workplace, "Quid pro quo" sexual harassment 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 does not sleep with him.<ref>[https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/sexualharassment_quidproquo/ The Law & Your Job: What is quid pro quo harassment?] ''American Bar Association'', March 18, 2013. Retrieved August 21, 2020.</ref> 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 of 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.<ref name=USEOC>[https://www.eeoc.gov/laws/guidance/policy-guidance-current-issues-sexual-harassment Policy Guidance on Current Issues of Sexual Harassment] ''U.S. Equal Opportunity Commission'', March 19, 1990. Retrieved August 21, 2020.</ref>
-In the workplace, 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.<ref>[http://www.abanet.org/publiced/practical/sexualharassment_quidproquo.html The Law & Your Job: What is quid pro quo harassment?]</ref> 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 of a sexual nature. &nbsp;Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.<ref>[http://www.sexualharassmentsupport.org/SHworkplace.html Sexual Harassment In The Workplace]</ref>
+====Hostile environment sexual harassment====
+"Hostile environment" sexual harassment occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct. The courts will try to decide whether the conduct is both "serious" and "frequent."  Supervisors, managers, co-workers, and even customers can be responsible for creating a hostile environment.<ref>[https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/sexualharassment_hostileenvironment/ The Law & Your Job: What is hostile environment harassment?] American Bar Association, March 18, 2013. Retrieved August 21, 2020.</ref> A famous hostile environment sexual harassment case was ''[[Jenson v. Eveleth Taconite Co.]],'' which inspired the film, ''[[North Country]]''.
-===''Hostile environment'' sexual harassment===
+The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge. At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply:
+<blockquote>"Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred.<ref name=USEOC/></blockquote>
-This occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct. The courts will try to decide whether the conduct is both "serious" and "frequent."  Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.<ref>[http://www.abanet.org/publiced/practical/sexualharassment_hostileenvironment.html The Law & Your Job: What is hostile environment harassment?]</ref> Probably the most famous hostile environment sexual harassment case to date is [[Jenson v. Eveleth Taconite Co.]] which inspired the movie ''[[North Country]]''.  (See [[Hostile environment sexual harassment]])
+====Retaliation====
+Retaliation occurs when an employee suffers a "negative action" after they make a report of sexual harassment, file a grievance, assist someone else with a complaint, or participate in discrimination prevention activities. Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job re-assignment—any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination. Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove. Also, retaliation is illegal even if the original charge of sexual harassment was not proven.
-The line between "quid pro quo" and "hostile environment" harassment is not always clear and the two forms of harassment often occur together. For example, an employee's job conditions are affected when a sexually hostile work environment results in a constructive discharge.  At the same time, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to retaliate against her if she does not comply.<ref>[http://www.eeoc.gov/policy/docs/currentissues.html Policy Guidance on Current Issues of Sexual Harassment] 03/19/90 </ref>
+==Effects of sexual harassment==
+The effects of sexual harassment are felt both by the individual victim, and by the surrounding work or educational environment of the organization.
-<blockquote>"Hostile environment" harassment may acquire characteristics of "quid pro quo" harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred."</blockquote>
+===Victim===
+Common professional, academic, financial, and social effects of sexual harassment include:
-===Retaliation===
+*Decreased work or school performance; increased absenteeism
-Retaliation has occurred when an employee suffers a ''negative action'' after they make a report of sexual harassment, file a grievance, assist someone else with a complaint, or participate in discrimination prevention activities.  Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job re-assignment—any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination. ([http://docket.medill.northwestern.edu/archives/003256.php See Burlington Northern & Santa Fe Railway Co. v. White]) Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove.  Also, retalition is illegal even if the original charge of sexual harassment was not proven.
+*Loss of job or career, loss of income
+*Having to drop courses, change academic plans, or leave school (loss of tuition)
+*Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack (Note: this rarely occurs for the perpetrator.)
+*Being objectified and humiliated by scrutiny and gossip
+*Becoming publicly sexualized (groups of people "evaluate" the victim to establish if they are "worth" the sexual attention or the risk to the harasser's career)
+*Defamation of character and reputation
+*Loss of trust in environments similar to where the harassment occurred
+*Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
+*Extreme stress upon relationships with significant others, sometimes resulting in [[divorce]]; extreme stress on peer relationships, or relationships with colleagues
+*Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun them altogether)
+*Having to relocate to another city, another job, or another school
+*Loss of references and recommendations
-===Effects of sexual harassment on organizations===
+Psychological and health effects that can occur in someone who has been sexually harassed include [[clinical depression|depression]], [[anxiety]] and/or [[panic attack]]s, sleeplessness and/or [[nightmare]]s, [[shame]] and [[guilt]], difficulty concentrating, [[headache]]s, [[fatigue (physical)|fatigue]] or loss of motivation, [[stomach]] problems, [[eating disorder]]s (weight loss or gain), feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and [[self esteem]], withdrawal and [[isolation]], overall loss of [[Trust (sociology)|trust]] in people, traumatic stress, [[post-traumatic stress disorder]] (PTSD), [[complex post-traumatic stress disorder]], and [[suicide|suicidal]] thoughts or attempts.
+===Organization===
+The organization where the victim works or studies also suffers as a result of sexual harassment incidence. Some common problems include:
 * Decreased productivity and increased team conflict
-*Decrease in success at meeting financial goals (because of team conflict)
+* Decrease in success at meeting financial goals (because of team conflict)
-*  Decreased job satisfaction
+* Decreased job satisfaction
 * Loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers; loss of students who leave school to avoid harassment
 * Decreased productivity and/or increased absenteeism by staff or students experiencing harassment
 * Increased health care costs and sick pay costs because of the health consequences of harassment
 * The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment
 * If the problem is ignored, a company’s or school's image can suffer
-* Legal costs if the problem is ignored and complainants take the issue to court.(Boland 1990)<ref>[http://qnc.queensu.ca/story_loader.php?id=42b98262192e9 Sexual harassment bad for victims and for business] June 22, 2005</ref><ref name="org_factor" /><ref>[http://www.ottawabusinessjournal.com/311209712945483.php Sexual harassment: Poisoning profit prospects] August 10, 2005</ref><ref>[http://www.capegateway.gov.za/eng/pubs/guides/S/63925/7 For Help with the Handling of Harassment]</ref><ref name="VAW_effects" />
+* Legal costs if the problem is ignored and complainants take the issue to court.
-==Common effects on the victims==
+==Sexual harassment law==
-Common professional, academic, financial, and social effects of sexual harassment:
+===United States===
+====Workplace====
+In the [[United States]], the [[Civil Rights Act of 1964|Civil Rights Act of 1964 Title VII]] prohibits employment discrimination based on race, gender, color, national origin, or religion. The prohibition of gender discrimination covers both females and males, but the origin of the law was to protect women in the workplace. Such discrimination occurs when the gender of the worker is made a condition of employment (such as all male waiters or carpenters) or where this is a job requirement that does not mention gender but in fact bars many more persons of one gender than the other from the job (such as height and weight limits).
-*  Decreased work or school performance; increased absenteeism
+''Barnes v. Train'' (1974) is commonly viewed as the first sexual harassment case in America, even though the term "sexual harassment" was not used.<ref>Wendy McElroy, [http://www.wendymcelroy.com/ifeminists/2004/1027.html The Sad Evolution of Sexual Harassment] ''iFeminists'', October 27, 2004. Retrieved August 21, 2020.</ref> In 1976, ''Williams v. Saxbe'' established sexual harassment as a form of gender discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. In 1980, the [[Equal Employment Opportunity Commission]] (EEOC) issued regulations defining sexual harassment, stating it was a form of discrimination prohibited by the Civil Rights Act of 1964. In the 1986 case of ''[[Meritor Savings Bank v. Vinson|Michelle Vinson v. Merit One Savings Bank]],'' the [[United States Supreme Court]] first recognized “sexual harassment” as a violation of Title VII, established the standards for analyzing whether the conduct was welcome and levels of employer [[liability]], and that speech or conduct in itself can create a "[[Sexual harassment#Hostile environment sexual harassment|hostile environment]]."  The [[Civil Rights Act of 1991]] added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory (punitive) [[damages]] for sexual discrimination or harassment, and the case of ''Ellison v. Brady'' resulted in rejecting the "reasonable person" standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed taking into account that "women who are victims of mild forms of sexual harassment may understandably worry whether a harasser’s conduct is merely a prelude to violent sexual assault."<ref>[https://scholar.google.com/scholar_case?case=16422690252164027712&q=Ellison+v.+Brady&hl=en&as_sdt=6,33&as_vis=1 Ellison v. Brady, 924 F. 2d 872 - Court of Appeals, 9th Circuit 1991] Retrieved August 21, 2020.</ref> Also in 1991, ''[[Jenson v. Eveleth Taconite Co.]]'' became the first sexual harassment case to be given [[class action]] status, paving the way for others. Seven years later, in 1998, this case would establish new precedents for setting limits on the "[[Discovery (law)|discovery]]" process in sexual harassment cases, and allowing psychological injuries from the [[litigation]] process to be included in assessing damages awards. In the same year, the courts concluded in ''Faragher v. City of Boca Raton, Florida''<ref>Findlaw, [https://caselaw.findlaw.com/us-supreme-court/524/775.html Faragher v. City of Boca Raton, Florida] Retrieved August 21, 2020.</ref> and ''Burlington v. Ellerth''<ref>Findlaw, [https://caselaw.findlaw.com/us-supreme-court/524/742.html Burlington v. Ellerth] Retrieved August 21, 2020.</ref> that employers are liable for harassment by their employees. Moreover, ''[[Oncale v. Sundowner Offshore Services]]'' set the precedent for [[homosexuality|same-sex]] harassment, and sexual harassment without motivation of "sexual desire," stating that any discrimination based on sex is actionable so long at it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.
-*  Loss of job or career, loss of income
-*  Having to drop courses, change academic plans, or leave school (loss of tuition)
-*  Having one's personal life offered up for public scrutiny —the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack. (Note: this rarely occurs for the perpetrator.)
-*  Being objectified and humiliated by scrutiny and gossip
-*  Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if they are "worth" the sexual attention or the risk to the harasser's career)
-*  Defamation of character and reputation
-*  Loss of trust in environments similar to where the harassment occurred
-*  Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues
-*  Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
-*    Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun them altogether)
-*    Having to relocate to another city, another job, or another school
-*    Loss of references/recommendations
-Some of the psychological and health effects that can occur in someone who has been sexually harassed:
+In the 2006 case of ''Burlington Northern & Santa Fe Railway Co. v. White,'' the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.<ref>[https://www.oyez.org/cases/2005/05-259 Burlington Northern & Santa Fe Railway Co. v. White] Retrieved August 21, 2020.</ref>
-[[clinical depression|depression]], [[anxiety]] and/or [[panic attack]]s, sleeplessness and/or [[nightmare]]s, [[shame]] and [[guilt]], difficulty concentrating, headaches, [[fatigue (physical)|fatigue]] or loss of motivation, stomach problems, [[eating disorder]]s (weight loss or gain), feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self esteem, withdrawal and [[isolation]], overall loss of [[Trust (sociology)|trust]] in people, traumatic stress, [[post-traumatic stress disorder]] (PTSD), [[complex post-traumatic stress disorder]], suicidal thoughts or attempts, [[suicide]].<ref name="SHSF_effects" /><ref>[http://www.webcom.com/wcs/harass.html#effects Common Effects of Sexual Harassment]</ref><ref>[http://www.uoregon.edu/~counsel/harass.htm Sexual Harassment: Myths and Realities]</ref><ref name="VAW_effects">[http://www.stopvaw.org/Effects_of_Sexual_Harassment.html StopVAW: Effects of Sexual Harassment]</ref><ref name="org_factor">[http://www.ilo.org/public/english/protection/safework/gender/encyclo/psy14ae.htm Psychosocial and Organizational Factors: Sexual Harassment]</ref>
-==Retaliation and backlash==
+====Education====
-Retaliation and backlash against a victim are very common, particularly a complainant. Victims who speak out against sexual harassment are often labeled troublemakers who are on their own ''power trips,'' or who are looking for attention.  Similar to cases of [[rape]] or sexual assault, ''the victim'' often becomes ''the accused'', with their appearance, private life, and character likely to fall under intrusive scrutiny and attack. <ref>[http://www.apa.org/monitor/oct03/harass.html Sexual harassment too often leads to humiliation for victims]</ref> They risk hostility and isolation from colleagues, supervisors, teachers, fellow students, and even friends. They may become the targets of [[mobbing]] or [[relational aggression]].<ref name="SHSF_effects">[http://www.sexualharassmentsupport.org/effects.html Effects of Sexual Harassment]</ref>
+[[Title IX]] of the Education Amendments of 1972 (United States) states:
+<blockquote>No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.</blockquote>
-Women are not necessarily sympathetic to female complainants who have been sexually harassed. If the harasser was male, internalized sexism, and/or jealousy over the sexual attention towards the victim, may encourage some women to react with as much hostility towards the complainant as some male colleagues.<ref name="webcom">[http://www.webcom.com/wcs/harass.html Dealing With Sexual Harassment]</ref> Fear of being targeted for harassment or retaliation themselves may also cause some women to respond with hostility.<ref name="backlash">[http://www.sexualharassmentsupport.org/Backlash.html Sexual harassment retaliation, backlash, and victim blaming]</ref> For example, when Lois Jenson filed her lawsuit against Eveleth Taconite Co., the women placed a hangman's noose above her workplace, and [[shunning|shunned]] her both at work and in the community—many of these women later joined her suit.(Bingham et al 2002) Women may even project hostility onto the victim in order to bond with their male coworkers and build trust.<ref name="backlash" />
+In ''Franklin v. Gwinnett County Public Schools'' (1992), the [[U.S. Supreme Court]] held that private citizens could collect damage awards when teachers sexually harassed their students.<ref>[https://www.law.cornell.edu/supremecourt/text/503/60 Franklin v. Gwinnett County Public Schools] Retrieved August 21, 2020.</ref> In ''Bethel School District No. 403 v. Fraser'' (1986) the courts ruled that schools have the power to discipline students if they use "obscene, profane language or gestures" which could be viewed as substantially interfering with the educational process, and inconsistent with the "fundamental values of public school education."<ref> [https://www.oyez.org/cases/1985/84-1667 Bethel School District No. 403 v. Fraser] Retrieved August 21, 2020.</ref> Under regulations issued in 1997, by the U.S. [[United States Department of Education|Department of Education]], which administers [[Title IX]], school districts should be held responsible for harassment by educators if the harasser "was aided in carrying out the sexual harassment of students by his or her position of authority with the institution."<ref>[https://www2.ed.gov/about/offices/list/ocr/docs/sexhar00.html Sexual Harassment Guidance] Office for Civil Rights, March 13, 1997. Retrieved August 21, 2020.</ref> In 1999, ''Davis v. Monroe County Board of Education''and ''Murrell v. School Dist. No. 1'' assigned liability to [[school]]s for peer-to-peer sexual harassment if the plaintiff sufficiently demonstrated that the administration's response showed "deliberate indifference" to "actual knowledge" of discrimination.<ref>[https://caselaw.findlaw.com/us-supreme-court/526/629.html Davis v. Monroe County Board of Education] Retrieved August 21, 2020.</ref>
-Retaliation has occurred when a sexual harassment victim suffers a ''negative action'' as a result of the harassment. For example, a complainant be given poor evaluations or low grades, have their projects [[sabotage]]d, be denied work or academic opportunities, have their work hours cut back, and other actions against them which undermine their productivity, or their ability to advance at work or school. They may be suspended, asked to resign, or be [[fired]] from their jobs altogether.  Moreover, a professor or employer accused of sexual harassment, or who is the colleague of a perpetrator, can use their power to see that a victim is never hired again, or never accepted to another school. Retaliation can even involve further sexual harassment, and also [[stalking]] and [[cyberstalking]] of the victim. <ref name="backlash" /><ref name="webcom" />
+===Other jurisdictions===
+Many jurisdictions outside the United States have adopted their own definitions of sexual harassment, intended to cover essentially the same forms of undesirable conduct. However, if a country has officially outlawed sexual harassment, most define the behavior similarly to that of the U.S. Most definitions include something along the lines of unwelcome, unsuitable, or insulting conduct. Such countries include the [[Czech Republic]], [[Denmark]], [[France]], [[India]], [[Israel]], and the [[United Kingdom]]. Some include provisions that victims are responsible for confronting their persecutor. Some countries, such as [[Poland]], do not have specific provisions referring to workplace sexual harassment even if there are generally laws against it.
-Of the women who have approached her to share their own experiences of being [[Sexual harassment in education|sexually harassed by their teachers]], feminist and writer [[Naomi Wolf]] writes,
-<blockquote>"I am ashamed of what I tell them: that they should indeed worry about making an accusation because what they fear is likely to come true. Not one of the women I have heard from had an outcome that was not worse for her than silence. One, I recall, was drummed out of the school by peer pressure. Many faced bureaucratic stonewalling. Some women said they lost their academic status as golden girls overnight; grants dried up, letters of recommendation were no longer forthcoming. No one was met with a coherent process that was not weighted against them. Usually, the key decision-makers in the college or university—especially if it was a private university—joined forces to, in effect, collude with the faculty member accused; to protect not him necessarily but the reputation of the university, and to keep information from surfacing in a way that could protect other women. The goal seemed to be not to provide a balanced forum, but damage control."<ref>[http://newyorkmetro.com/nymetro/news/features/n_9932/index.html The Silent Treatment]</ref></blockquote>
-Another woman who was interviewed by Helen Watson, a sociologist, reported that, "Facing up to the crime and having to deal with it in public is probably worse than suffering in silence. I found it to be a lot worse than the harassment itself." (Watson, 1994)
+==Occurrence==
+A variety of reports and surveys indicate that sexual harassment is a rather common occurrence, both in the workplace and educational settings. Moreover, it is important to acknowledge that [[statistics]] do not give a complete picture of the pervasiveness of the problem as most sexual harassment situations go unreported.
-==Statistics==
 ===Sexual harassment in the workplace===
-Approximately 15,000 sexual harassment cases are brought to the U.S. [[Equal Employment Opportunity Commission]] (EEOC) each year.  [[Mass media|Media]] and [[government]] surveys estimate the percentage of women being sexually harassed in the U.S. workplace at 40% to 60%. The [[European]] Women's Lobby reports that between 40 and 50 % of female employees have experienced some form of sexual harassment or unwanted sexual behavior in the workplace.<ref>[http://www.womenlobby.org/site/1abstract.asp?DocID=404 Facts and Figures about gender equality in Europe]</ref>  While the majority of sexual harassment complaints come from women, the number of complaints filed by men is rapidly increasing.  In 2004, over 15% of EEOC complaints were filed by men with 11% of claims involving men filing against female supervisors.<ref>[http://www.usatoday.com/money/workplace/2004-09-17-harass_x.htm More men say they are sexually harassed at work]</ref><ref name="EEOC_SH">[http://www.eeoc.gov/types/sexual_harassment.html US EEOC: Sexual Harassment]</ref> A 2006 government study in the [[United Kingdom]] revealed that 2 out of 5 sexual harassment victims are male, with 8% percent of all sexual harassment complaints to the [[Equal Opportunities Commission]] (Britain's EEOC), coming from men.<ref>[http://observer.guardian.co.uk/uk_news/story/0,,1805397,00.html Sexual harassment of men revealed]</ref> A 2007 study in Hong Kong reported that one third of sexual harassment victims are males being targeted by female supervisors. <ref> [http://www.dailyindia.com/show/111291.php/One-third-of-Hong-Kong-sexual-harassment-victims-are-men Daily India Sexual Harassment]</ref> 'It affects both women and men, causing stress, health problems and financial penalties when they leave their jobs to avoid it,' said Jenny Watson, chair of the EOC.<ref>[http://observer.guardian.co.uk/uk_news/story/0,,1805397,00.html Sexual harassment of men revealed]</ref>
+While the majority of sexual harassment complaints come from women, the number of complaints filed by men is rapidly increasing. "It affects both women and men, causing stress, health problems and financial penalties when they leave their jobs to avoid it," said Jenny Watson, chair of the EOC.<ref>Gaby Hinsliff, [https://www.theguardian.com/uk/2006/jun/25/gender.world Sexual harassment of men revealed] ''The Observer'', June 24, 2006. Retrieved August 21, 2020.</ref>
 ===Sexual harassment in education===
-A 2002 study of students in the 8th through the 11th grade by the American Association of University Women (AAUW) revealed that 83% of girls have been sexually harassed, and 78% of boys have been sexually harassed.  <ref name="hostile">[http://www.aauw.org/research/girls_education/hostile.cfm Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School] AAUW: 2001 </ref>In their 2006 study on sexual harassment at colleges and universities, the AAUW reported that 62% of female college students and 61% of male college students report having been sexually harassed at their university, with 80% of the reported harassment being peer-to-peer.  51% of male college students admit to sexually harassing someone in college, with 22% admitting to harassing someone often or occasionally.  31% percent of female college students admitted to harassing someone in college.<ref>[http://www.aauw.org/research/dtl.cfm Drawing the Line: Sexual Harassment on Campus] AAUW 2002, 2006</ref> In a 2000 national survey conducted for the AAUW, it was reported that roughly 290,000 students experienced some sort of physical [[Sexual harassment in education#Sexual harassment and abuse of students by teachers|sexual abuse or harassment  by a public school employee]], such as a teacher or coach, between 1991 and 2000. In a major 2004 study commissioned by the U.S. Department of Education, nearly 10 percent of U.S. public school students were shown to have been targeted with unwanted sexual attention by school employees.<ref>[http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=49389 What's behind today's epidemic of teacher-student sex?]</ref> In their 2002 study, the AAUW reported that 38% percent of the students were sexually harassed by teachers or school employees.<ref name="hostile" />
+A national survey of American public [[school]] students in 8th through 11th grades by the American Association of University Women (AAUW) revealed that 83 percent of girls and 60 percent of boys had been sexually harassed.<ref>Anne L. Bryant, [https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1746-1561.1993.tb07153.x Hostile hallways: The AAUW survey on sexual harassment in America's schools] ''American Association of University Women'', 1993. Retrieved August 21, 2020. </ref> In their 2006 study on sexual harassment at [[college]]s and [[university|universities]], the AAUW reported that 62 percent of female college students and 61 percent of male college students reported having been sexually harassed at their university, with 80 percent of the reported harassment being peer-to-peer. 51 percent of male college students admitted to sexually harassing someone in college, with 22 percent admitting to harassing someone often or occasionally. 31 percent of female college students admitted to harassing someone in college.<ref>Catherine Hill and Elena Silva, [https://eric.ed.gov/?id=ED489850 Drawing the Line: Sexual Harassment on Campus] ''American Association of University Women''. Retrieved August 21, 2020.</ref>
-However, it is important to acknowledge that statistics do not give a complete picture of the pervasiveness of the problem as most sexual harassment situations go unreported. (Boland 2002, Dzeich 1990)
 ==Debates==
-Though the phrase "sexual harassment" is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial. Accordingly, misunderstandings can abound.  Moreover, sexual harassment law has been highly criticized by experts, such as [[Alan Dershowitz]] and [[Eugene Volokh]], for imposing on the right to free speech.<ref>[http://www.law.ucla.edu/volokh/harass/ Freedom of Speech vs. Workplace Harassment Law]</ref> Some feminist groups criticize sexual harassment policy as helping maintain archaic stereotypes of women as "delicate, asexual creatures" who require special protection.<ref>[http://www.ffeusa.org/html/statements/statements_harassment.html Feminism and Free Speech]</ref> [[Camille Paglia]] has even gone as far as to blame young girls if they are sexually harassed, saying their own "niceness" provokes it.  Paglia commented in an interview with Playboy, "Realize the degree to which your niceness may invoke people to say lewd and pornographic things to you—sometimes to violate your niceness. The more you blush, the more people want to do it."<ref>[http://privat.ub.uib.no/bubsy/playboy.htm Playboy interview, Camille Paglia] May 1995 </ref>
+Though the phrase "sexual harassment" is generally acknowledged to include clearly damaging and morally deplorable behavior, its boundaries can be broad and controversial. Moreover, sexual harassment law has been criticized for imposing on the right to [[Freedom of speech|free speech]].<ref>Eugene Volokh, [https://heinonline.org/HOL/LandingPage?handle=hein.journals/uclalr39&div=50&id=&page= Freedom of Speech and Workplace Harassment] Retrieved July 17, 2007.</ref> There is also concern over "abuses" of sexual harassment policy, and employers and administrators using accusations as a way of expelling employees they want to eliminate for other reasons.<ref> Kenneth Westhues, ''Eliminating Professors: A Guide to the Dismissal Process'' (Lewiston, NY: The Edwin Mellen Press 1999).</ref>
-Sexual harassment policy and legislation have been criticized as attempts to "regulate romance" which goes against "human urges."<ref>[http://www.abanet.org/genpractice/compleat/w96shi.html eneral Sexual Harassment: The employer's role in prevention]</ref> Other critics assert that sexual harassment is a very serious problem, but current views focus too heavily on sexuality rather than on the type of conduct that undermines the ability of women or men to work together effectively.  Viki Shultz, a law professor at [[Yale University]] comments, "Many of the most prevalent forms of harassment are designed to maintain work-particularly the more highly rewarded lines of work-as bastions of male competence and authority."<ref>[http://www.aaup.org/publications/Academe/1998/98so/SO98Alg.HTM Love, Lust, and the Law Sexual Harassment in the Academy]</ref> Feminist [[Jane Gallop]] sees this evolution of the definition of sexual harassment as coming from a "split" between what she calls "power feminists" who are pro-sex (like herself) and what she calls "victim feminists," who are not.  She argues that the split has helped lead to a ''perversion'' of the definition of sexual harassment, which used to be about sexism but has come to be about anything that's sexual. (Gallop, 1997)
+Some [[feminism|feminist]] groups have criticized sexual harassment policy as helping maintain archaic [[stereotype]]s of women as "delicate, asexual creatures" who require special protection.<ref>Feminists for Free Speech, [http://www.ffeusa.org/html/statements/statements_harassment.html Feminism and Free Speech] ''Freedom of Speech and Workplace Harassment'' 39 UCLA L. Rev. 1791 (1991-1992). Retrieved August 21, 2020.</ref> [[Camille Paglia]] has even gone as far as to blame young girls if they are sexually harassed, saying their own "niceness" provokes it. Paglia commented in an interview with ''Playboy'':
+<blockquote>Realize the degree to which your niceness may invoke people to say lewd and pornographic things to you--sometimes to violate your niceness. The more you blush, the more people want to do it.<ref> [http://maxxwolf.tripod.com/paglia_interview.html Camille Paglia Interview] ''Playboy'', May 1995. Retrieved August 21, 2020.</ref></blockquote>
-There is also concern over "abuses" of sexual harassment policy, and employers and administrators using accusations as a way of expelling employees they want to eliminate for other reasons. (Westhues, 1998).
+Sexual harassment policy and legislation have been criticized as attempts to "regulate romance" which goes against "human urges." Other critics assert that sexual harassment is a very serious problem, but current views focus too heavily on sexuality rather than on the type of conduct that undermines the ability of women or men to work together effectively:
+<blockquote>Many of the most prevalent forms of harassment are designed to maintain work—particularly the more highly rewarded lines of work—as bastions of male competence and authority.<ref>Jonathan R. Alger, [https://eric.ed.gov/?id=EJ572067 Love, Lust, and the Law Sexual Harassment in the Academy] ''Academe'' 84(5)(Sep-Oct 1998): 34-39. Retrieved August 21, 2020.</ref></blockquote>
+Feminist [[Jane Gallop]] sees this evolution of the definition of sexual harassment as coming from a "split" between what she calls "power feminists" who are pro-sex (like herself) and what she calls "victim feminists," who are not. She argues that the split has helped lead to a "perversion" of the definition of sexual harassment, which used to be about sexism but has come to be about anything sexual.<ref>Jane Gallop, ''Feminist Accused of Sexual Harassment'' (Duke University Press, 1997).</ref>
 ==Notes==
-<references />
+<references/>
 ==References==
 *American Association of University Women. ''Hostile Hallways: Bullying, Teasing, and Sexual Harassment in School.'' AAUW, 2002.
-*American Association of University Women. ''Drawing the Line: Sexual Harassment on Campus.'' AAUW,2006.
+*American Association of University Women. ''Drawing the Line: Sexual Harassment on Campus.'' AAUW, 2006.
-*Bingham, Clara, Gansler, Laura Leedy. ''Class Action: The Landmark Case that Changed Sexual Harassment Law''. New York, Anchor Books, 2002.
+*Bingham, Clara and Laura Leedy Gansler. ''Class Action: The Landmark Case that Changed Sexual Harassment Law''. New York: Anchor Books, 2003. ISBN 978-0385496131
-*Boland, Mary L. ''Sexual Harassment: Your Guide to Legal Action''. Naperville, Illinois: Sphinx Publishing, 2002.
+*Boland, Mary L. ''Sexual Harassment: Your Guide to Legal Action''. Naperville, IL: Sphinx Publishing, 2002. ISBN 978-1572482173
-*Dziech, Billie Wright, Weiner, Linda. ''The Lecherous Professor: Sexual Harassment on Campus''.  Chicago Illinois: University of Illinois Press, 1990.
+*Dziech, Billie Wright and Linda Weiner. ''The Lecherous Professor: Sexual Harassment on Campus''. Chicago: University of Illinois Press, 1990. ISBN 978-0252061189
-*Gallop, Jane. ''Feminist Accused of Sexual Harassment''. Duke University Press, 1997.
+*Gallop, Jane. ''Feminist Accused of Sexual Harassment''. Duke University Press, 1997. ISBN 978-0822319184
 *Kamir, Orit. "Israel's 1998 Sexual Harassment Law: Prohibiting Sexual Harassment, Sexual Stalking, and Degradation Based on Sexual Orientation in the Workplace and in all Social Settings." ''International Journal of Discrimination and Law,'' 2005, 7 , 315-336.
-*Koss, Mary P. "Changed Lives: The Psychological Impact of Sexual Harassment." in Paludi, Michele A. ed. ''Ivory Power: Sexual Harassment On Campus.'' Albany, NY, State University of New York Press, 1987.
+*Koss, Mary P. "Changed Lives: The Psychological Impact of Sexual Harassment." In Paludi, Michele A. ed. ''Ivory Power: Sexual Harassment On Campus.'' Albany, NY: State University of New York Press, 1991. ISBN 978-0791404584
-*Langelan, Martha. ''Back Off: How to Confront and Stop Sexual Harassment and Harassers''.  Fireside, 1993
+*Langelan, Martha. ''Back Off: How to Confront and Stop Sexual Harassment and Harassers''. Fireside, 1993. ISBN 978-0671788568
-*Patai, Daphne. ''Heterophobia: Sexual Harassment and the Future of Feminism''. Lanham: Rowman and Littlefield, 1999.
+*Patai, Daphne. ''Heterophobia: Sexual Harassment and the Future of Feminism''. Lanham, MA: Rowman and Littlefield, 2000. ISBN 978-0847689880
-*Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment," in Brant, Clare, and Too, Yun Lee, eds., ''Rethinking Sexual Harassment''. Boulder, Colorado, Pluto Press, 1994.
+*Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment." In Brant, Clare and Yun Lee Too, eds., ''Rethinking Sexual Harassment''. Boulder, CO: Pluto Press, 1994. ISBN 978-0745308388
-*Westhues, Kenneth. ''Eliminating Professors: A Guide to the Dismissal Process''. Lewiston, NY: The Edwin Mellen Press, 1998.
+*Westhues, Kenneth. ''Eliminating Professors: A Guide to the Dismissal Process''. Lewiston, NY: The Edwin Mellen Pres, 1999. ISBN 0773482105
 == External links ==
-* [http://shsf.invisionzone.com/index.php?s=957fdc28ecbfd7be0dbe863af19f3042&showforum=21 Database of important sexual harassment cases and litigation]
+All links retrieved January 26, 2023.
-*[http://www.ed.gov/about/offices/list/ocr/sexharassresources.html U.S. Dept. Of Education Sexual Harassment Resources]
-*[http://shsf.invisionzone.com/index.php?s=e91418e623ebbe49d1d6a5a55ff7f38c&showforum=69 Database of international articles focusing on the problem of sexual harassment]
-* [http://www.personneldynamics.com/sh_non/115.htm Preventing Sexual Harassment in the Workplace - free online course]
-*[http://www.cfchildren.org/articlef/walls1f Committee for Children: Bullying and sexual harassment in schools]
-*[http://school.discovery.com/lessonplans/programs/sexualharassment/ Popular lesson plan for teaching young people about sexual harassment]
-*[http://www.sesamenet.org/links.html SESAME - Stop Educator Sexual Abuse, Molestation, and Exploitation ]
-* [http://www.sexualharassmentsupport.org/ Sexual Harassment Support - information, resources]
+*[http://www.ed.gov/about/offices/list/ocr/sexharassresources.html U.S. Dept. Of Education Sexual Harassment Resources]
+*[https://2date4love.com/sexual-harassment-statistics/ 24 Sadly Persistent Sexual Harassment Statistics]
 {{Credits|Sexual_harassment|143021501|}}