Workplace sexual harassment at the margins

Men are overwhelmingly responsible for sexual harassment against women in the workplace. However, the literature also points to less typical manifestations, including sexual harassment by men of other men and by women of men or other women. This article examines these atypical forms of sexual harassment, drawing on a census of all formal sexual harassment complaints lodged with Australian equal opportunity commissions over a six-month period. The analysis reveals some important distinctions and similarities across groups of atypical complaints, as well as between atypical groups and ‘classic’ sexual harassment complaints where men harass women. The article contributes to the relatively undeveloped literature on these less visible forms of sexual harassment and highlights both theoretical and pragmatic challenges in better understanding workplace sexual harassment ‘at the margins’.

Sexual harassment in the medical profession: Legal and ethical responsibilities

Sexual harassment of women in medicine in the Australian medical profession is a serious problem which presents substantial legal, ethical and cultural questions for the medical profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and their employers face significant legal consequences for sexual harassment. Individual medical practitioners and employers need to understand their legal and ethical responsibilities in this context. This article analyses four areas of legal liability in every State and Territory which apply to individual offenders and employers: criminal law, discrimination law, civil law, and contract law. It also analyses ethical duties owed by doctors towards their colleagues under professional regulatory schemes. The analysis shows that individual doctors and their employers have clear legal and ethical obligations to prevent sexual harassment. On legal and ethical grounds, medical employers, professional colleges and associations, and regulators need to improve gender equality and professional culture in medicine. A five-step model for cultural change is proposed.

A narrative analysis of judicial attitudes towards sexual harassment in Japan

This study applies a narrative analysis of the first two judicial decisions on sexual harassment in Japan to test claims of a culture of gender bias in Japanese judicial attitudes towards victims of sexual violence. Although the results do not provide an unambiguous support or rebuttal of gendered justice in Japan, they do reveal some of the dangers of narrative analysis as a basis for making generalizable claims about how law functions in Japanese society.

Sexual harassment: A threat to gradual women emancipation

This article is an attempt to highlight gender-based attitude of society towards women. Women comprise approximately 50% of the total population of Pakistan; Pakistan cannot afford to keep half of its citizens inactive and their potential as participants in development and progress untapped. Nothing more than the misogynist view of women as weak in physical power and deficient in mental faculties has marred the upward movement of societies. Women who defy this erroneous obscurantist conceptualisation and step into public domain are forced either to step back or to make compromises with the situation at the cost of their self-esteem and dignity. This deviant social behaviour is identified as sexual harassment of women. Sexual harassment of women exists beyond geographic spaces, across historic times, and today is prevalent in all societies, developed or underdeveloped. Women are sexually harassed within the safe havens of their homes too. This paper examines how a combination of factors, including religious interpretations, social norms, state negligence, and bad governance result in creating and than perpetuating an anti-women environment that breeds sexual harassment and solidifies patriarchal structures. The last section of this paper cites reported cases of sexual harassment at workplace that happened between 2001 and 2011. Summing up, the paper offers some suggestions to minimise work-place sexual harassment of women.

The corporate regulation of sexual harassment in Japan

Book Title in Japanese: 雇用・社会保障とジェンダー Chapter Title in Japanese: セクシャル・ハラスメント規制の企業化と男女平等政策への示唆

Sexual harassment and the corporation in Australia and Japan: The potential for corporate governance of human rights

The authors explore the legal and social undercurrents in Australia and Japan which are encouraging corporations to embrace broader social responsibilities. They consider a case study of sexual harassment and its regulation within Australian corporations, uncovering the legal and social conditions that have led to the adoption of sexual harassment policies. The authors propose a model for determining when corporate governance of sexual harassment is likely to be effective and test the model by reference to the experience of sexual harassment in Japan. They draw some conclusions about what the experience of corporate implementation of management of sexual harassment might mean for other areas of human rights.

Eastern twists on Western concepts: Equality jurisprudence and sexual harassment in Japan

A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take place in a broader context-a context that does not ignore the Eastern cultural experience.

An examination of the mediation process as it is used to resolve sexual harassment complaints in Canadian universities /

The ways in which the process of mediation affected those involved in the resolution of sexual harassment complaints in Canadian universities were explored. Questionnaires were sent to forty- six Canadian universities and interviews were conducted with fifteen advisors. An analysis of the twenty- two questionnaires returned indicated that mediation was utilized in 11% of the sexual harassment complaints and effected a successful resolution in 67% of these. Both complainants and those con^lained against were reported to have spoken more favourably than unfavourably about the process and outcome of mediation. Questionnaire respondents in general found mediation a slightly less than satisfactory method of complaint resolution. Those respondents who had successfully used mediation; however, describe its usefulness within a university context.

Attitudes and perceptions of workers to sexual harassment

This thesis highlights the importance of workers’ perceptions of and attitudes to sexual harassment. Past researchers have found that a variety of individual factors (age, gender, gender role, and past experiences of sexual harassment), and organisational factors (gender ratio, sexual harassment policies and the role of employers), correlate with the incidence of sexually harassing behaviours. Two studies presented in this thesis extend this research and were designed to investigate how these factors relate to workers’ attitudes towards and perceptions of sexual harassment. Study one investigated 176 workers from a large, white-collar organisation. Study two sampled 75 workers from a smaller, blue-collar organisation. By comparing two different workplaces the effect of the organisational climate was investigated. Individuals from Study two experienced more sexual harassment, were more tolerant of sexual harassment and perceived less behaviour as sexual harassment compared with individuals from Study one. The organisational context was found to affect the way in which organisational and individual factors related to workers' attitudes to and their experiences of sexual harassment. However, the factors that influenced workers’ perceptions of sexual harassment were stable across both studies. Although workers’ attitudes to and their perceptions of sexual harassment were significantly correlated, they were influenced by different factors. Overall, workers’ perceptions of sexual harassment were influenced by their attitudes, the behavioural context, and the gender of the victim and perpetrator. In contrast, attitudes to sexual harassment appeared to be more strongly influenced by individual factors, such as age, gender, gender role, past experiences of sexual harassment, and perceptions of management’s tolerance of sexual harassment. The broader implications of these findings are discussed and recommendations for future research are suggested.

Settling sexual harassment complaints - what benefits does ADR offer?

Sexual harassment complaints are predominantly resolved through confidential alternative dispute resolution (ADR) processes rather than a tribunal hearing, so very little is known about the type of complaints which are made or how they are being resolved. This secrecy has created problems for the law’s development and its effectiveness. This article compares settlement agreements negotiated through ADR with tribunal orders, so as to identify whether ADR offers any additional benefits to the process of addressing sexual harassment and to identify changes to the process which would increase the law’s effectiveness while maintaining the benefits of ADR. Very little is known about the type of settlements negotiated in this jurisdiction, so the secondary purpose of the study is to provide information about how sexual harassment is being addressed.

Sexual harassment of Australian female general practitioners by patients

In 2010, an Australian survey was undertaken to examine the nature and extent of female general practitioners’ experience of sexual harassment by patients and how they respond to such episodes. Previous research has shown the high prevalence of sexual harassment or abuse of medical practitioners, but little is known about the nature of harassment and responses of individual practitioners.

Sexual harassment in Dentistry: prevalence in dental school

Objective: Sexual harassment is unlawful in all work and educational environments in most nations of the world. The goals of this study were to describe the sexual harassment prevalence and to evaluate the experiences and attitudes of undergraduate students in one dental school in Brazil. Material and Methods: An 18-item questionnaire was administered to 254 dental students with a completion rate of 82% (208). Students were requested to respond to questions about their background and academic level in dental school, their personal experiences with sexual harassment and their observation of someone else being sexually harassed. Bivariate statistical analyses were performed. Results: Fifteen percent of the students reported being sexually harassed by a patient, by a relative of a patient or by a professor. Male students had 3 times higher probability of being sexually harassed than female student [OR = 2.910 (1.113-7.611)]. Additionally, 25.4% of the students reported witnessing sexual harassment at the school environment. The majority of students did not feel professionally prepared to respond to unwanted sexual behaviors. Conclusion: These findings demonstrate that sexual harassment can occur in a dental school setting. There is a need for ongoing sexual harassment education programs for students and university staff. Increased knowledge of sexual harassment during graduation can better prepare dental professionals to respond to sexual harassment during their practice.

Sexual harassment over the telephone: Occupational risk at call centers

The phenomenon of sexually harassing telephone calls in the workplace has been studied only marginally. In the present study 106 employees working in call centres in Germany answered a questionnaire regarding their experiences of sexual harassment over the telephone. The following data are presented: description of the phenomenon, i.e. prevalence and characteristics, stress reactions of the victims, behavioural reactions and coping strategies, consequences and anticipated consequences; prediction of the stress reactions by characteristics of the situation; and employees' recommendations for coping with sexually harassing calls. It was found that the female employees were more often sexually harassed over the telephone at work than their male colleagues. Three out of four female employees had experienced sexually harassing telephone calls; in the majority of cases the harassers were men. Characteristic patterns of harassment included groaning, sexual insults, silence, and threats of sexual violence. Some 16% of the harassed female employees described these experiences as extremely stressful. If the harassment contained threats of sexual violence and groaning, the perceived physical response was stronger. Being subjected to sexual harassment over the telephone both at home and at work was a more severe stress than having the experience only in the workplace. In conclusion, employees' recommendations for coping with the occurrence of sexually harassing calls are described.