Sexual Harassment as a Communication Phenomenon

1
Sexual Harassment as a Communication Phenomenon

• Creating Understanding as a Basis for Prevention

2
Sexual Harrassment

• EEOC definition--unwelcome sexual advances,
  requests for sexual favors, other verbal or
  physical conduct of a sexual nature if 1)
  submission is made a condition of employment, 2)
  submission to or rejection of conduct is the
  basis for an employment decision, or 3) the
  conduct seriously affects an employees work
  performance or creates a hostile, intimidating,
  or offensive work environment

3
Sources for Sexual Harassment Law

• Title VII of Civil Rights Act of 1964
• Title IX of the Higher Education Reauthorization
  Act of 1972
• Fair Employment and Housing Act (California)
• AB 1825 effective 1/1/05all supervisors in
  companies w/ 50 or more employees must be given
  interactive SH training at least once every 2 yrs
  and within 6 months of a promotion

4
Types of Sexual Harassment

• Quid Pro Quo--offering a reward or threatening
  punishment in return for sexual favors
• Hostile environment--sexually suggestive,
  intimidating, or offensive conditions
• Typical targets--college educated women under 35
  working in predominantly male work areas

5
Sexual Harassment as Communication

• Can be verbal or nonverbal
• May result from differing communication styles
  (Tannen)
• May result from an expression of power in
  relationships
• May result from attempts at intimate
  interpersonal relationships in the workplace

6
Dealing with Sexual Harassment Victim Strategies

• If you believe the conduct is wrong, say so.
  Tell the perpetrator in clear terms that the
  conduct is inappropriate
• Report the incident following workplace
  procedures
• Document incidents in written form
• If witnesses are present, have them verify the
  details of the incident

7
Organizational Responses to Sexual Harassment
Charges

• Take the complaint seriously, listen carefully
• Conduct an investigation (outsourcing?)
• Maintain objectivity, be sympathetic but dont
  make promises of action prior to investigation
• Suspend judgment--perpetrators have rights too
• Have a policy in place and follow it

8
Beware of retaliation!

• Burlington Northern and Santa Fe Railway v. White
  (2006) 9-0 decision
• Retaliation exists if a reasonable person would
  have been deterred from reporting the offense
• Designed to broaden protection for workers and
  dramatically decreases the flexibility of
  organizations to respond to workers who file
  harassment complaints

9
Sexual Harassment Policies for Organizations

• Zero tolerance--commitment from the top
• Make punishment consistent with the
  behavior--dont specify first offense penalty
• Consistent enforcement, same rules for all
• Multiple reporting options
• Cant cover it just once, need updates
• Organizations with a cultural of accepting upward
  communication will be more successful at
  preventing SH

10
Solomon and Williams Sexual Harassment Study

• Vast majority of SH is hostile environment
  type--social-sexual communication often the key
  (sexual and relational advances)
• 1/3 of all relations people have are initiated in
  the workplace
• Highlights the importance of third party
  observations in cases of SHbut, what factors
  influence third party observations?

11
Solomon and Williams cont.

• Distinguishing romantic interest and sexual
  harassment
• perception of constrained behavior
• perceived desirability of sexual advances
• Study results
• Explicit advances seen as more constraining than
  implicit (ambiguous) ones
• Supervisors behavior is more likely to be seen
  as harassing than peer or subordinates

12
Solomon and Williams Study

• Perceived severity of SH increases with the
  position power of the message initiator
• Attractiveness related to perceived SH
• unattractive men are more likely than attractive
  men to be perceived as harassers
• individuals charged with sexually harassing
  attractive targets are more likely to be found
  guilty with harassing than when targets are less
  attractive persons

13
Solomon and Williams cont.

• Gender differences in harassment
• social-sexual communication initiated by males is
  seen as more constraining than females
• Males are more likely to welcome social-sexual
  communication. Women view it as more explicit
  and harassing
• Females initiating social sexual communication
  were seen as less harassing than if the same
  messages were initiated by males

14
Solomon and Williams, conclude

• Observer sex as key to perceptions of SH
• women are more negative on org. romances, view
  SH as more of a problem, show less tolerance for
  harassing behavior
• males more likely to view women as complicit
• Sexual harassment should be understood in terms
  of the power structures and gendered positions of
  males and females, which shape the meaning of
  social-sexual communication at work.