Sexual Harassment
as a Communication
Phenomenon
Creating Understanding as a
Basis for Prevention
Sexual Harrassment
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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 employee’s work
performance or creates a hostile, intimidating, or
offensive work environment
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Sources for Sexual Harassment Law
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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 1/1/05—all 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
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
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
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Prof. Nick Burnett, ComS 103, Sec. 1118, F07
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
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Prof. Nick Burnett, ComS 103, Sec. 1118, F07
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
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Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Organizational Responses to Sexual
Harassment Charges
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Take the complaint seriously, listen carefully
Conduct an investigation (outsourcing?)
Maintain objectivity, be sympathetic but don’t
make promises of action prior to investigation
Suspend judgment--perpetrators have rights
too
Have a policy in place and follow it
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Beware of retaliation!
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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
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Sexual Harassment Policies for
Organizations
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Zero tolerance--commitment from the top
Make punishment consistent with the
behavior--don’t specify first offense penalty
Consistent enforcement, same rules for all
Multiple reporting options
Can’t cover it just once, need updates
Organizations with a cultural of accepting
upward communication will be more
successful at preventing SH
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Solomon and Williams Sexual
Harassment Study
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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 SH…but, what factors
influence third party observations?
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Solomon and Williams cont.
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Distinguishing romantic interest and sexual
harassment
 perception
of constrained behavior
 perceived desirability of sexual advances
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Study results
 Explicit
advances seen as more constraining
than implicit (ambiguous) ones
 Supervisor’s behavior is more likely to be seen
as harassing than peer or subordinates
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
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
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
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 socialsexual 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
Prof. Nick Burnett, ComS 103, Sec. 1118, F07
Solomon and Williams, conclude
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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.”
Prof. Nick Burnett, ComS 103, Sec. 1118, F07