The Employer’s Advantage in Sexual Harassment Cases

Abstract

Why does sexual harassment continue to be a problem in the workplace? Do employers have an advantage in the courts when victims file complaints? This article explores these questions by analyzing court cases, an interview with a litigant, Equal Employment Opportunity Commission statistics, and Merit Systems Protection Board studies. The results of this analysis suggest practical strategies for improving compliance with Title VII of the Civil Rights Act of 1964. Although complaint processes and litigation might serve as deterrents, employers have an advantage so victims have been reluctant to file formal complaints.Women have a disadvantage in the courts because few women serve on the bench, however the number of female judges is likely to increase in the future. Also, agencies need to open and legitimize the process by establishing informal as well as formal complaint processes and networks of impartial counselors and investigators who are qualified to hear complaints.

Women in Public Administration: An Integrative Review

“…ROPPA's articles in this decade had a strong component offering legal analyses related to sexual harassment (e.g., Mani 2004, Wise 2002. In addition, of particular interest are three articles that surveyed gender issues outside the American system-in Russia (Antonova 2002), Korea (Jung, Moon and Hahm 2007), and Holland (Groenveld 2008), a part of the growing internationalization of public administration research.…”