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Amanda Koslo
WGS 340
Proposal Draft
11/15/12
Sexual Harassment in the Workplace
Project Description
Sexual harassment in the workplace is something that has been occurring in the U.S. for
centuries, however it did not become a legitimate issue until the second half of the 1970s. The
advancement of the women’s movement with the adoption of equal opportunity laws contributed
to more women speaking out about sexual harassment than ever before; and women’s groups
began to publicly advocate against sexual harassment in the workplace in order to spread the
word about it. Also during this time more women were entering the workplace, and therefore
sexual harassment was occurring much more frequently. Sexual harassment was especially
prevalent in male dominated occupations in order to discourage women from entering them and
also to keep women in the low-paid, traditional “women’s jobs”.
The decision to make sexual harassment illegal by the American federal courts in the
second half of the 1970s also helped legitimize the issue; and sexual harassment in the workplace
was no longer considered a personal dilemma (Husbands: 1992, 535-536). Although many
people argue that Catherine MacKinnon, a white, middle class woman of the Second Wave of
the women’s movement, is responsible for the development of the sexual harassment law in the
U.S., women of color and working class women also were actively involved in the struggle
against sexual harassment (Baker: 2004, 2). African American women suffered from sexual
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harassment that was often racially charged, and they were the first women to file precedentsetting cases under Title VII way before white feminists took hold of the issue (Baker: 2004, 2).
There are many different kinds of behaviors that constitute sexual harassment including
“...verbal (jokes, innuendos, and catcalls), the nonverbal (winks, leers, and the presence of sexual
visual materials), and the physical (patting, stroking, and blocking one’s path)” (Howard: 1991:
507). Feminists would define sexual harassment within much more broad framework of
discrimination, power, and privilege, and would link it to sex-based inequality (McLaughlin:
2012, 626). However, the traditional and limited definition of sexual harassment in the
workplace is when a supervisor demands a subordinate to grant the supervisor sexual favors in
order to obtain or keep certain job benefits, such as a wage increase, a promotion, a transfer, or
the job itself (Husbands: 1992, 541). This type of harassment is called ‘quid pro quo sexual
harassment’, in which submission or rejection of the sexual conduct of an employee is used as a
basis for employment decisions (Kane-Urrabazo: 2007, 609). The other type of sexual
harassment in the workplace is called hostile environment sexual harassment, which can include
any kind of unwanted sexual advances, requests for sexual favors, or physical behavior in sexual
nature that creates an uncomfortable, intimidating work environment for the victim (Husbands:
1992, 541). In most cases, it is easier to identify quid pro quo sexual harassment because it is a
clear abuse of authority by a supervisor. In cases involving hostile environment sexual
harassment, it can be difficult for the victim to prove that the environment is considered
threatening and hostile and that the conduct is offensive (Husbands: 1991, 542).
Although sexual harassment has been publicly recognized as a legitimate issue since the
1970s, very often women fail to report their experiences with sexual harassment. Researchers
have labeled this “the syndrome of the silent reaction to sexual harassment”, which maintains the
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existence of sexual harassment (Brooks & Perot: 1991, 45). When women do choose to report
incidents of sexual harassment at work, they still remain skeptical and afraid. There are various
factors shown to influence women not reporting and/or fearing to report incidents of sexual
harassment, and this research will focus on identifying four of these factors: (1) inadequate
organization or company sexual harassment policy and procedural processes; (2) age, gender,
and past experiences affect one’s tolerance for sexual harassment; (3) the difficulties that women
face legitimizing hostile environment sexual harassment compared to quid pro quo sexual
harassment; (4) and the influences of power and unequal employee status within a sexual
harassment incident, as well as fear of retaliation.
The goal of this research project is to speak with a sample of women, through individual
interviews, who have experienced sexual harassment in the workplace, and perform a qualitative
analysis on their experiences with reporting or not reporting their incidents in order to see if any
of the four factors previously mentioned influenced the women’s decisions not to report, or to
fearfully report their incidents. In addition to identifying the factors that influence the
participant’s reporting or non-reporting, I will also use the qualitative data to compare the
different experiences and circumstances with each other, and possibly identify other factors as
well.
Workplace Sexual Harassment Policies and Procedures
A company or an organization where a woman works must have a clear cut sexual
harassment policy, which outlines how one is to report an incident as well as what happens from
there. Not only does this affect whether or not a woman chooses to report an incident, the
company or organization can be found liable for any harm done to a victim so it is in their best
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interests to have a low tolerance policy. If there is no clear route for a woman to take when she
experiences being sexually harassed, most likely she will not know where to turn, and thus not
report the incident. Also, if there is a procedure in place that sounds very vague, indicating that
sexual harassment is not something taken seriously in that work environment and maybe that
there is a high tolerance for sexual harassment in a workplace, women most likely will not report
an incident because they will not be convinced that anything will be done about it. Having an
education and training program regarding sexual harassment, and possibly other aspects, of the
workplace environment that is mandatory for every employee to attend, is a way for a workplace
to make an effort to prevent sexual harassment from occurring (Howard: 1991, 509). It is
important for all employees to be aware of what kind of behavior is unacceptable, as well as the
repercussions for violating the workplace policy (Kane-Urrabazo: 2007, 611). This would also be
helpful for potential victims to learn about what behavior constitutes as sexual harassment, and if
they ever find themselves in a situation where they question if the behavior is offensive or not,
they can use the knowledge they gain from a training and education course to sort out the
incident, and then feel comfortable with reporting it if they conclude that legitimate sexual
harassment occurred.
When the harassment is occurring between two people of unequal status, typically quid
pro quo type sexual harassment, it is important that there is a non-threatening grievance
procedure within the company or organization that allow the victim to avoid communicating to
his or her immediate supervisor, because it is possible that they may be the offender. An
effective measure that companies or organizations can take is to designate a person (s) to receive
sexual harassment complaints and investigate them, and this person (s) should be clearly
mentioned in the workplace’s policy. The procedure must be confidential and protect the victim
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from retaliation, or it is highly unlikely that the victim will be comfortable with reporting the
incident (Howard: 1991, 508). There is also the possibility that a victim will suffer emotionally
(or physically) from an incident; it has been found that victims have experienced depression,
anxiety, irritability, low self-esteem, humiliation, and feelings of alienation (Kane-Urrabazo:
2007, 612). If a victim is not directed towards some kind of support, whether this be counseling
and/or women’s centers, one experience may affect the rest of their life. The workplace should
be as eager to educate and train its employees as it is to protect its employees’ well-being
(Howard: 1991, 509).
The Effects of Age, Gender, Past Experiences With Sexual Harassment, and Environment
of the Workplace
Studies show that a woman’s likelihood of being harassed decreases and her tolerance of
sexual harassment increases as she ages, and this can be due to younger women being perceived
as less powerful and more naïve compared to older women in the workplace, which makes it
easier to take advantage of them; and also older women are more tolerant to sexual harassment
because it does not occur in their lives as frequently as it does for younger women (Ford: 1996,
628). Another possible explanation for older women’s tolerance to sexual harassment is that they
may be more inclined to comply with traditional gender roles and perceive male-dominated
power structures and inequalities as normative (Ford: 1996, 631). Also, men have been shown to
be significantly more tolerant than women of sexual harassment, which may be because most
victims are women and most offenders are men (Ford: 1996, 630). Some studies have shown that
men are more likely to be flattered by sexual propositions and less likely to be insulted and
offended compared to women. Some studies have shown that individual’s past experiences with
sexual harassment affect their attitudes and tolerance of it, depending on the type of sexual
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harassment they experienced. Individuals who have experienced more mild forms of sexual
harassment have been shown to be less likely to label the behavior as ‘sexual harassment’
compared to individuals who have experienced severe forms of sexual harassment (McCabe:
2005, 720-721).
The climate of workplace environment can be somewhat challenging to determine how it
affects an individual’s perceptions of harassment. The majority of people would assume that a
sexualized workplace environment is likely to be perceived as more harassing than a workplace
environment without this, however it can undermine a victim’s claims and make the behavior
difficult to viewed as unwelcome (O’Connor: 2004, 71).
Legitimizing ‘Hostile Environment Sexual Harassment’ Compared to ‘Quid Pro Quo
Sexual Harassment’
According to the Civil Rights Act of 1991, there are four requirements that must be met
in order to establish that quid pro quo sexual harassment took place. The victim must be able to
prove that (1) he/she experienced unwelcome sexual advances or requests for sexual favors, (2)
the harassment was based on sex, (3) submission or rejection to the sexual advances resulted in
job detriment, (4) he/she is a subordinate employee to the offender. Courts have been more
receptive to quid pro quo sexual harassment complaints because they usually involve some kind
of economic loss to the victim, and therefore the offense is very clear (Perry: 2004, 10). There
are two requirements that must be met in order to establish that hostile environment sexual
harassment took place. The victim must be able to prove that (1) the harassment interfered with
his/her work, and (2) the harassment would affect any reasonable person with their work. This
type of sexual harassment can be difficult to prove when a single incident or a few isolated
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incidents occurred; it must be continuous and repetitive in order to be considered hostile
environment sexual harassment (Kane-Urrabazo: 2007, 609). Therefore, a woman’s first
experience of any kind of conduct that falls under the hostile environment sexual harassment
category will not be legitimate until it happens frequently and establishes a pattern. This can
affect a woman choosing not to report an isolated incident for fear that nothing will be done
because it will not yet be recognized as legitimate by the law. It can also be difficult for women
to prove to the court that the alleged harassment is sufficiently severe enough to cause the
environment to be considered hostile because the perceptions of the severity of the harassment
between the victim and the court may differ (Perry: 2004, 10).
It also may be difficult for women to prove that hostile environment sexual harassment
occurred when the court is using a “reasonable women” standard rather than a “reasonable victim
standard” because there may be one group of women being sexually harassed and perceiving the
environment as threatening and hostile, and another group of women not being sexually harassed,
within the same workplace. Women can be targeted and placed into categories by make coworkers based on various factors such as age, appearance, sexual orientation, and race. If a
sexual harassment case went to court, it is possible for the jury to favor the understandings and
experiences of one group over another, mistaking the un-harassed group as representing the
‘reasonable women’ (Hoffman: 2004, 29). This may discourage a victim, or a group of victims,
from ever trying to report an incident of sexual harassment again because may feel that the court
won’t believe them. A “reasonable victim standard” would be much less limiting because it
focuses on the circumstances of a particular victim and her situation; and also acknowledges
differences in experiences among different groups of women rather than just acknowledging the
differences in men’s and women’s experiences in the workplace (Hoffman: 2004, 43).
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The Effects of Power, Unequal Employee Status, and Fear of Retaliation
The kinds of behaviors that constitute as sexual harassment are sometimes not fully
understood by the men who are engaging in them, and they are completely unaware that they are
being offensive or insulting. For example, men may not understand that staring a woman or
making sexist gestures and comments can cause a woman to feel very uncomfortable, because
these kinds of male behaviors seem normal in a patriarchal society. Men often feel it is normal to
stare, or “check out” women in the workplace because they feel that they have the right to
evaluate women (McLaughlin: 2012, 626). This sense of entitlement to power comes from
traditional gender relations in which men are superior to women, and conforming to traditional
gender roles often occurs in workplace environments. Even in workplace environments in which
women hold authority positions, these women still experience sexual harassment by men because
they challenge the presumptive superiority of men, and therefore men sexually harass them in
order to eliminate this threat and regain their sense of masculinity (McLaughlin: 2012, 627).
Although a woman’s high ranked position can make her target for sexual harassment it also may
act as a protective factor because it is possible that women in high ranked positions in the
workplace are more likely to report the harassment because they are more conscious of it and
have a better understanding of it thanks to their advanced education and training (McLaughlin:
2012, 627).
Many women fail to report incidents of sexual harassment for fear of retaliation by the
offender as well as the employer. One study showed that victims who have actively pursued to
file a complaint of sexual harassment experienced denial of promotions and terminations
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(Vijayasiri: 2008, 47). Women who attend U.S. military academies frequently experience sexual
harassment, but are often afraid to report it. One of the issues with reporting at the Naval
Academy for example is that it uses a system in which the midshipmen are the channels to file
grievances, and therefore there is a risk of loss of confidentiality within a case (Pershing: 2003,
19). In this kind of environment, women often fear retaliation by the offender knowing that the
filed complaint could get back to him, as well as ostracism from their peers. Women struggle
with gaining respect in the first place because their gender sets them apart from the men, and
many of them choose not to report in order to avoid drawing further attention to themselves
(Pershing: 2003, 20).
Research Methods
This research project will rely on qualitative data taken from semi-structured interviews
with a sample of participants in order to discover how many women reported their incidents with
sexual harassment, and if the reporting was done fearfully or not. In the cases in which the
participants did not report, I will identify if any of the four factors that presumably affect
reporting influenced their decisions, as well as possible additional factors. I will also analyze the
data by comparing the experiences of the participants with each other in order to discover the
commonalities and differences among the data. I also plan on using the method of deconstruction
from a feminist perspective when analyzing my notes from each interview in order to expose
what is absent or silenced from an individual’s responses. Discussing such a controversial topic
such as sexual harassment may lead women to feel uncomfortable and/or embarrassed, and it is
important for me to pick up on emotional cues and hesitations when applying the method of
deconstruction.
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Sampling
I will gain participants by contacting all eighty members of my sorority in order to see
which girls would be interested. I will explain to each participant exactly what my research
project is about and what my goals are, as well as give each participant a consent form to sign
that explains the confidentially aspect of my research project. From this sample, I will use the
‘snowball effect’ after each interview and ask each participant if they could refer three women
that may be interested in participating as well.
Memos
I will write up a memo immediately after each interview in order to summarize what
exactly happened, as well as to capture how the respondent told their story through the answering
of my questions and how we interacted with one another. The memos will provide useful
information in order to refer to when I go to compare and contrast the interviews and participants
with each other.
Feminist Methodology
I plan on taking the feminist standpoint approach in order to discover why so often
women do not report incidents of sexual harassment. Because I am relying heavily on qualitative
data taken from in-depth interviews, I am going about answering this dilemma by understanding
sexual harassment in the workplace through the eyes and experiences of the young women that I
interview. It is important to begin with the women’s lives as they experience them in order to
construct knowledge that accurately reflects and represents the conclusion that I come to.
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Significance of Research
This research will provide information on why women fail to report incidents of sexual
harassment, as well as a qualitative analysis on the participant’s experiences with sexual
harassment. This research provides insight on the effects of work place sexual harassment
policies, the effects of age, gender, and past experiences with sexual harassment, the effects of
quid pro quo sexual harassment and hostile work environment sexual harassment, and the effects
of unequal employee status and power within a workplace. It also gives background information
on the history of sexual harassment becoming a legitimate issue and the different types of
behaviors that constitute as sexual harassment. Sexual harassment is something that should be
taken very seriously in every workplace because maintaining a healthy environment is vital for
adequate work performance and employee satisfaction. When sexual harassment is ignored in a
workplace, this projects the underlying message that it is acceptable and permitted. Every
employee has the right to feel safe and protected while they are at work, and this should always
be a top priority in the workplace. Sexual harassment works as a means to perpetuate male
dominance and female passivity in the workplace environment (Ford: 1996, 628).
Limitations of Research
This research project will be possibly limited in the diversity of my participants. All the
women in my sorority are white, heterosexuals with middle-upper class backgrounds, and that is
the group of women that I will first start my sample with. The qualitative data will not capture
how race, class, and sexual orientation influence one’s risk or experience with sexual harassment
in the workplace.