Sexual Harassment in the Workplace: A Review of the Legal Rights and Responsibilities of All Parties

Abstract

In recent years, no area of employment law has generated as much concern and controversy as sexual harassment. Employers have gained a keen, and often painful, awareness of the consequences of sexual harassment in the workplace. This article addresses the issue of sexual harassment from the perspective of the rights and responsibilities of all parties involved, including the employer, employee, coworker, nonemployee, charging party (alleged harassee), and accused (alleged harasser).

The Employer’s Advantage in Sexual Harassment Cases

“…Sexual harassment policy implementation procedures should include the following (Caudron, 1995;Fair, 2000;Hoyman & Stein, 1998;Kaser et al, 1995;Kobata, 1995;Laabs, 1995aLaabs, , 1995bRobinson et al, 1993;Solomon & Stuart, 1991;Spann, 1990;Starkman, 1999;Stringer et al, 1990;Terpstra, 1993;Thacker & Gohmann, 1993): Sexual harassment policy implementation procedures should include the following (Caudron, 1995;Fair, 2000;Hoyman & Stein, 1998;Kaser et al, 1995;Kobata, 1995;Laabs, 1995aLaabs, , 1995bRobinson et al, 1993;Solomon & Stuart, 1991;Spann, 1990;Starkman, 1999;Stringer et al, 1990;Terpstra, 1993;Thacker & Gohmann, 1993):…”

“…In addition, employers that implement policies are less likely to be liable if an employee does file a sexual harassment complaint. No single policy will meet the needs of every organization, however, all policies should include the following (Burke & Little, 2000;Eberhardt, Moser, & McFadden, 1999;Fair, 2000;Feery, 1994;Fowler, 1996;Frierson, 1989;Gunter & Rattray, 1998;Hatlevig, 1995;Hoyman & Stein, 1998;Kaser, George, & LaBella, 1995;Kobata, 1995;Koen, 1990;Laabs, 1995aLaabs, , 1995bMarshall, 2000;Novak, 2001;Parliman & Kelly, 1995;Robinson, Allen, Franklin, & Duhon, 1993;Robinson, Frink, Reithel, & Franklin, 1998;Rosell, Miller, & Barber, 1995;Solomon & Stuart, 1991;Spann, 1990;Starkman, 1999;Stringer, Remick, Salisbury, & Ginorio, 1990;Terpstra, 1993):…”

Sexual Harassment: A Legal Perspective for Public Administrators

“…It did not matter whether a victim voluntarily submitted to advances or submitted under duress as long as the sexual advances could be shown to be unwelcome. (19) Even in the Vinson case, the Court's ruling left room for the "she brought it on herself" credo by holding that a plaintiffs "sexually provocative" speech and dress could be relevant to whether the accused alledgedly offensive conduct was actually offensive. 20The Court did not go so far as to define degrees of hostility and how relative hostility of the environment should be evaluated.…”

Understanding and Managing Sexual Harassment

“…But the concept of sexual harassment is of recent origin. Not until the 1970's did workers, primarily women, find legal remedies to what they considered harmful on-the-job behaviours, now defined as sexual harassment [13].…”

“…Although the exact wording of sexual harassment policies will vary, the following five questions are usually addressed [13]:…”