2018
DOI: 10.1037/lhb0000301
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The objective prong in sexual harassment: What is the standard?

Abstract: In Title VII sexual harassment jurisprudence, U.S. courts use a 2-prong subjective-objective test to determine the viability of a sexual harassment claim: The complainant must show that the employer’s conduct was unwelcome and sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment because of the complainant’s sex from both the complainant’s perspective (subjective prong) and a reasonable person’s perspective (objective prong). This online study used a d… Show more

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Cited by 12 publications
(29 citation statements)
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“…We dropped those who completed the survey too quickly because they did not have enough time to concentrate on the tasks and supply meaningful answers and we dropped those who took too long because the opportunity for distractions or assistance from others in completing the task was too likely. Dropping participants who spend too little or too much time completing online experiments is common practice (Berry & Wiener, 2020; Vardsveen & Wiener, in press; Wiener & Vardsveen, 2018). We dropped the unusable data before we analyzed any other data for Phase 1 or Phase 2 based upon the decision to use a two standard deviation cutoff.…”
Section: Methodsmentioning
confidence: 99%
“…We dropped those who completed the survey too quickly because they did not have enough time to concentrate on the tasks and supply meaningful answers and we dropped those who took too long because the opportunity for distractions or assistance from others in completing the task was too likely. Dropping participants who spend too little or too much time completing online experiments is common practice (Berry & Wiener, 2020; Vardsveen & Wiener, in press; Wiener & Vardsveen, 2018). We dropped the unusable data before we analyzed any other data for Phase 1 or Phase 2 based upon the decision to use a two standard deviation cutoff.…”
Section: Methodsmentioning
confidence: 99%
“…Whereas declarative knowledge involves knowing what to do, procedural knowledge and skills are attained when knowing what to do is combined with being able to do it (Campbell, 1990;Van Iddekinge et al, 2009). The outcomes included in this category assess trainees' capability to make judgments as to whether various forms of behavior constitute SH (i.e., "judgments of SH"; O' Connor et al, 2004;Wiener & Vardsveen, 2018). Individuals need to be proficient in recognizing behavior that constitutes SH according to their organization's standards to effectively monitor and regulate their own behavior (Birdeau et al, 2005).…”
Section: Procedural Knowledge-skillsmentioning
confidence: 99%
“…This was generally the case when receiving information suggesting that a defendant officer acted unreasonably perhaps because, absent this information, participants assumed that the officer acted reasonably. Thus, the current research extends prior work on perspective-taking ability generally (Eyal et al, 2018;Zhou et al, 2017) and work on perspective-taking ability in the law (Simpson et al, 2020;Wiener & Vardsveen, 2018) to the context of police civil liability by investigating whether social fact information can induce mock jurors into the perspective of a reasonable officer consistent with the current legal standard. Moreover, these findings show promise for broader applications of a perspective-getting approach to bring legal actors more into line with the law, such as with Title VI workplace sexual harassment law.…”
Section: Perspective-takingmentioning
confidence: 75%