Employer liability for third‐party sexual harassment

While most employers understand the scope of their responsibility to prevent sexual harassment between employees, the scope of an employer's responsibility to prevent sexual harassment by third parties is often less clear. Such third parties may include customers, clients, sales representatives, vendors, investors, or anyone in the workplace who is not a member of the employer's workforce. Although an employer may be unable to easily control non‐employee actions, it is legally obligated to respond to any third‐party sexual harassment of its employees that is brought to the employer's attention. With proper safeguards and remedial action, however, an employer can keep its employees safe from third‐party sexual harassment and protect itself from liability in the process. This Q&A explains employer liability for third‐party sexual harassment, describes the ramifications of an employer's failure to properly address or prevent it, and recommends strategies to reduce an employer's legal exposure.     

Race,threat and workplace sexual harassment: The dynamics of harassment in the United States, 1997–2016

Sexual harassment is a persistent problem for women in the workplace. Prior research has explored the effects of sexual harassment on the psychological, physical and economic wellbeing of the victims. Despite the extensive research exploring the causes, most studies focus on micro‐level factors, and few studies examine the role of macro‐level factors on sexual harassment in the workplace. Using public Equal Employment Opportunity Commission (EEOC) data and a separate dataset of individual level workplace sexual harassment complaints, we test two hypotheses about sexual harassment in American workplaces. First, we show that the decline in workplace sexual harassment complaints has been uneven, with African‐American women experiencing an increased relative risk of sexual harassment in the workplace, even as overall reported harassment complaints are down. Second, we show that economic threat — operationalized in this case through unemployment rates — drives increases in sexual harassment of women in American workplaces. While the data on harassment complaints is limited, data strongly suggests that the changes are driven by shifts in underlying levels of harassment, rather than changes in the likelihood of reporting harassment.     

Sexual Harassment of Women Working as Room Attendants within 5‐Star Hotels

Given the gendered power relations and the isolated nature of women hotel room attendants' working environments, guest‐initiated sexual harassment experienced by room attendants is a significant, under‐investigated problem. This study of women attendants' experiences of sexual harassment was conducted in 5‐star hotels located on the Gold Coast — a notable tourism destination — of Queensland, Australia. Adopting a socialist–feminist critical theory epistemological perspective, the study used a qualitative constructivist grounded theory methodology. The research reveals the pervasiveness of sexual harassment experienced by women hotel room attendants. In particular, this study illuminates the varied forms, meanings and consequences of sexual harassment in a particular organizational context. In focusing on the interacting effects of the gendered nature of the hotel workplace and the hotel workplace culture, the near‐complete ‘normalization’ of sexual harassment within the hotels is revealed. This outcome is a source of considerable concern, with implications for the industry, for employment relations institutions and for public policy.     

Work,Bodies and Boundaries: Talking Sexual Harassment in the New Economy

This article examines sexual harassment in the context of the new economy and highlights the manner in which the changing nature of work — and in particular the acknowledged rise of sexualized ‘body work’ — troubles conventional understandings of what constitutes sexual harassment in the workplace and the means to address it. Using data from a small‐scale qualitative study of service workers and professional employees, we explore the ways in which those definitions of sexual harassment now fail to match participants' accounts of their working lives. We examine sexual harassment in the context of the rise of service roles that require forms of increasingly sexualized ‘body work’ from employees, increased demands for workers to ‘self‐manage’, and new flexible modes of employment that blur the boundaries between being ‘on’ and ‘off’ the job. We conclude that these ‘new’ modes of work may provide the conditions for the revival of ‘old’ stories which limit the capacity of individuals to recognize and label behaviours as ‘sexual harassment’.     

‘But It's Your Job To Be Friendly’: Employees Coping With and Contesting Sexual Harassment from Customers in the Service Sector

This article analyses how employees in the service sector respond to sexual harassment from customers and attempts to explain why this is so. There are only a small number of previous studies examining the issue of customer‐perpetrated sexual harassment. Those that have been conducted have detailed the nature and prevalence of sexual harassment from customers, but this research lags behind employee experience and some emerging policy responses to this issue. The extant literature, whilst growing, remains largely limited to documenting the phenomenon. In this article, we attempt to create a deeper analysis of customer‐perpetrated harassment by conducting a new review of the literature to develop propositions about how employees respond to it and the factors that influence their responses. These propositions are analysed in relation to a qualitative pilot study with 15 interviewees who had experienced sexual harassment from customers to understand how they reacted and why. The article shows how the social norms and precarious working conditions of the service sector constrain employees from seeking formal redress, leading to the enactment of informal coping strategies and temporary contestations of the situation. This research is important for building our understanding of the influence of workplace context for framing employee responses to customer sexual harassment.     

Sexual Harassment in Small‐Town New Zealand: A Qualitative Study of Three Contrasting Organizations

This research investigates women's experiences of sexual harassment in three different organizations in the same New Zealand town. Women working at the local meat‐processing plant, a retail store and a local bank were interviewed about their personal experiences of sexual harassment. The interviews revealed that sexual harassment took different forms and was interpreted and responded to differently in each organization. Women at the meatworks were often socially isolated from other women and had few effective strategies for combating the verbal and physical harassment collectively perpetrated by male employees. In contrast, women at the store had a range of collective coping strategies which enabled them to regard harassment from fellow‐workers and customers as an irritant rather than a serious threat. Women at the bank also had various collective coping strategies, but were more constrained by customer service norms in the organization. These findings are discussed in relation to three key themes; firstly, the influence of the local environment on organizational life; secondly, the effects of differing organizational structures and cultures on the expression and interpretation of sexual harassment and thirdly, the effectiveness of the various ‘communities of coping’ which women develop to combat sexual harassment in the workplace.     

Gender-biased behavior at work: Exploring the relationship between sexual harassment and sex discrimination

This paper examines survey-based reports of sexual harassment and sex discrimination in order to identify the stylized facts about the nature of the relationship between them. In particular, we are interested in assessing whether these concepts measure similar forms of gender-biased behavior and whether they have the same effect on workers’ job satisfaction and intentions to leave their jobs. Our results provide little support for the notion that survey-based measures of sexual harassment and sex discrimination capture the same underlying behavior. Respondents do appear to differentiate between incidents of sexual harassment and incidents of sex discrimination in the workplace. There are gender differences in the consequences, however. Both sex discrimination and sexual harassment are associated with a higher degree of job dissatisfaction. However, women’s intended job changes appear to be more sensitive to experiencing sex discrimination, while men’s are more sensitive to experiencing sexual harassment. Although exploratory, when taken together these results give us hope that in the future sufficiently detailed surveys could provide a useful foundation for quantifying the link between sexual harassment and sex discrimination. They also suggest that the best prospect for developing—and then testing—a conceptual framework of gender bias lies in adopting a multi-disciplinary approach incorporating the insights of disciplines such as sociology, psychology, and economics.     

‘Something to Deal With’: Customer Sexual Harassment and Women's Retail Service Work in Canada

While sexual harassment in the workplace has been extensively researched over the past two decades, the majority of studies have focused on employer–employee or co-worker relationships. In contrast, the issue of ‘customer sexual harassment’ (i.e. the sexual harassment of employees by customers) has been less explicitly explored. This paper examines customer sexual harassment in the Canadian context, drawing on a study of 63 female retail service workers and 20 security workers. It focuses on the nature, prevalence, and consequences of this form of harassment for women who work in various jobs in retail sales (e.g. flower shops, book shops). Findings from the study suggest that customer sexual harassment is a significant problem. Not only have a majority of women been sexually harassed by customers in their current job, but they appear to be highly constrained in dealing with such behaviour. To the extent that the work environment privileges the customer, through its emphasis on customer satisfaction, women are reluctant to confront harassers and may engage in behaviours (e.g. avoiding male customers, being less friendly) which potentially impact their performance on the job. The paper examines the dilemmas facing female workers and the policy issues raised.     

Customer First and Customer Sexual Harassment: Some Evidence from the Taiwan Life Insurance Industry

Empirical research suggests that customer sexual harassment is a far more common problem than employee to employee harassment for female salespeople. However, to date, there has been relatively little research conducted on the problem of customer sexual harassment. Insurance salespeople sometimes need to meet customers outside the company, and customer sexual harassment problems may occur. Hence, by using Taiwan's life insurance industry as an example, this study explores three research questions: (1) When the idea of ‘customer first’ is fully recognized by insurance salespeople, does it make the salespeople more tolerant of customer sexual harassment problems? (2) When the idea of customer first is supported by the insurance company, will insurance salespeople expose customer sexual harassment problems? (3) Will insurance salespeople tend to be more tolerant of quid pro quo sexual harassment? A total of 223 full‐time and self‐employed insurance salespeople participated in and completed this study survey. The results showed that the company's attitude may significantly affect the respondents' intention to expose the customer sexual harassment, but the personal belief in ‘customer first’ may not affect the respondents' intention to expose the customer misconduct. Since the three research questions have been less studied in the literature, and customer sexual harassment problems could have serious effects on salespeople, we think the results of this empirical study may have some implications for researchers and practitioners.     

Challenging gendered power: How sexual harassment perpetrators respond to victim confrontation

Sexual harassment is a problem that continues to plague mostly women in the American workforce today. One tool that victims can use in these situations is confrontation, either through verbal or physical means. Yet, understudied to this point is how perpetrators respond to confrontation, which is highly salient as to whether this is an effective tool for victims. This study uses grounded theory methods to analyze 31 accounts of sexual harassment from within the fashion industry that recorded perpetrators' responses to victim confrontation to clearly unwanted, abusive behavior. I argue that specific features of the fashion industry, or a “display work culture,” embolden perpetrators to effectively thwart any type of confrontation. Indeed, this study finds that these predominantly male perpetrators of sexual harassment moved to reassert their dominant position over their female victims in the moment of confrontation, immediately after being confronted, and even later, well beyond confrontation, as they aimed to reestablish normal business practices as usual. This research thus dispels a significant sexual harassment myth that victims working within this culture are able to stop perpetrators simply by speaking up and/or fighting back and points to the need for the development of sexual harassment theory to incorporate work culture-related risk factors and remedies.     

POWER, STATUS, AND ABUSE AT WORK: General and Sexual Harassment Compared

Workplace harassment can be devastating for employees and damaging for organizations. In this article, we expand the literature by identifying common and distinct processes related to general workplace harassment and workplace sexual harassment . Using both structural equation modeling and in-depth case immersion, we analyze content-coded data from the full population of workplace ethnographies—ethnographies that provide in-depth information on the nature and causes of both general and sexual harassment that would otherwise be difficult to gather. Importantly, both forms of harassment emerge in settings characterized by physically demanding work and minority work groups. In such contexts, both general and sexual harassment enforce formal and informal status hierarchies and social exclusion. Grievance mechanisms and "team models" of workplace organization reduce sexual harassment but have no effect on general harassment. We conclude with a discussion of theoretical, legal, and policy implications for identifying and remedying harassment as a widespread and devastating form of inequality and social exclusion in organizations.     

Foucault,Politics and Organizations: (Re)‐Constructing Sexual Harassment

This article reviews the body of knowledge around workplace sexual harassment. In deploying a Foucauldian analysis, it attempts to argue that this knowledge, as part of the wider discourse on sex, may (re)produce consequences counter to those which its proponents espouse. In particular, the discussion seeks to problematize the status of harassment knowledge as truth; the depiction within this knowledge of ‘good’ and ‘bad’ sex; the roles this knowledge identifies for men and women within the phenomenon of harassment; and the theme within harassment knowledge that sex is central to our existence. The conclusion aims to suggest the ways in which this kind of analysis is useful by addressing the criticisms usually levelled at Foucault's work.     

Sexual Harassment in the Creative Industries: Tolerance,Culture and the Need for Change

The economic, social and cultural contributions of the creative industries are essential elements of many societies and their governments' policies. However, there is growing evidence that precarity, competition and lack of regulation within these industries is exacerbating inequalities with respect to gender, race and class. With a focus on gender and sexual harassment among female workers, this study involved 32 in‐depth interviews with women working in the Netherlands' creative industries. Data were analyzed using content analysis. Findings suggest that sexual harassment is prevalent, and many women considered it to be part of their occupational culture and career advancement. Four factors influenced this phenomenon: competition for work; industry culture; gendered power relations; and the importance of informal networks. Implications include the need for a climate of non‐tolerance, sector‐specific research and guidelines, sensitivity training and further work with unions and professional associations to provide worker protection strategies traditionally undertaken by organizations. The article concludes that effective sexual harassment prevention requires action at the individual, educational, sectoral and governmental levels, beginning with public conversations to convey the message that sexual harassment is never acceptable.     

Sexual Harassment in Casinos: Effects on Employee Attitudes and Behaviors

This study focuses on sexual harassment and job satisfaction, organizational commitment, and employee turnover among casino employees. It is the first study investigating sexual harassment in the gaming industry. Based on sex-role spillover theory it was expected that sexual harassment has less of an impact on casino employees than on employees in other industries. Six Reno, Nevada casinos participated in the study and 330 responses were generated from casino employees. The study results show that sexual harassment of and by casino employees is perceived to occur at about the same rate as in other industries. Sexually harassed employees were compared to employees who indicated that they had not been sexually harassed. Sexually harassed employees were less satisfied with their jobs and less committed to the organization. However, they were not more likely to quit their jobs. Sexually harassed employees tended to be younger, Caucasian, and in dealer positions. Hence, in addition to the well-publicized cost of sexual harassment lawsuits, the study shows that sexual harassment in casinos may well be the source of hidden costs important to human resources managers. A result of major interest was that employees who had been harassed held management responsible for not ensuring a work environment that is free of sexual harassment. Implications for casino management are discussed.     

Working for Men-at the Intersection of Power, Gender, and Sexuality

This article examines the dynamics of Bazooms. a "restaurant" in which power, gender, and sexuality come together to color relations between the three major "players" involved: waitresses, managers, and customers. Job-based power relations and inequities, gender roles, implicit and explicit sexual roles, and sexual harassment are all "at work" in such a workplace. But definitions of power, gender roles, sexual identities. and harassment are in constant flux with each interaction among the players inside the Bazooms world. The women who work at Bazooms–the "Bazooms girls"—are disadvantaged in these interactions, but they are not helpless. Dynamics within the restaurant are constantly being negotiated and altered (within constraints) as these women exercise agency in the workplace.     

Working for Men-at the Intersection of Power, Gender, and Sexuality

This article examines the dynamics of Bazooms. a "restaurant" in which power, gender, and sexuality come together to color relations between the three major "players" involved: waitresses, managers, and customers. Job-based power relations and inequities, gender roles, implicit and explicit sexual roles, and sexual harassment are all "at work" in such a workplace. But definitions of power, gender roles, sexual identities. and harassment are in constant flux with each interaction among the players inside the Bazooms world. The women who work at Bazooms–the "Bazooms girls"–are disadvantaged in these interactions, but they are not helpless. Dynamics within the restaurant are constantly being negotiated and altered (within constraints) as these women exercise agency in the workplace.     

#MeToo from a Department Head Perspective

ABSTRACT

In this essay I discuss some key ways in which sexual harassment policies have changed over time and provide advice to department leaders on handling and combatting sexual harassment. I encourage department leaders to know and understand how to implement the sexual harassment policies at their universities, follow through and be persistent, proactively train colleagues and students, and ensure due process for, and respect the humanity of, all parties involved.     

Hostile home environment predicting early adolescent sexual harassment perpetration and potential school-related moderators

Using family systems theory, this longitudinal study of middle school youth examined the effects of abuse, family conflict, and sibling aggression on sexual harassment perpetration (N = 1563; M_age 11.2, 51% boys; 39% Hispanic, 29% Black, and 19% White). Boys reported more sexual harassment than girls; perpetration increased for both. The association between a hostile home environment and sexual harassment perpetration was moderated by school experiences. School belonging buffered effects of hostile home environment on baseline sexual harassment perpetration for boys who experienced abuse and White adolescents with high sibling aggression. Academic grades moderated change in perpetration over time, but effects differed by sex and race. It is important to understand how early violence exposures relate to sexual violence perpetration during early adolescence.     

Sexual harassment in contemporary workplaces: Contextualizing structural vulnerabilities

Recent high‐profile cases of unwanted sexual attention in the workplace and the vibrancy of the associated #MeToo movement have drawn attention to the need to continue to explore workplace sexual harassment. In this article, we review existing literature on workplace sexual harassment, with an emphasis on the roles of power and structural vulnerability—key factors underlying sexual harassment. We argue for the need to contextualize structural vulnerabilities, with an eye towards uncovering how dimensions of power and vulnerability vary across workplaces, creating different mechanisms contributing to sexual harassment in specific contexts. With this backdrop, we then use the restaurant service industry as an example to illustrate the unique structural vulnerabilities workers are exposed to in this environment. We conclude with a discussion of the importance of continuing to investigate the dynamics of sexual harassment, especially with work that takes an intersectional approach.     

How dialogic internal communication fosters employees’ safety behavior during the COVID-19 pandemic

As employees return to the workplace amidst the COVID-19 pandemic, ensuring safety and health at work remains a top priority for organizations. Grounded in dialogic theory and protection motivation theory, this study examines how dialogic communication, as a type of strategic internal communication, can encourage employees to engage in safety behaviors in the workplace during the COVID-19 pandemic via heightened efficacy and perceived threat. An online survey of full-time employees of different industries returning to the workplace during the COVID-19 pandemic is conducted. Results suggest that the communal relationship of employees with their organization, influenced by dialogic internal communication, fosters their efficacy and perceived threat of COVID-19 in the workplace, which in turn increases their safety behaviors. Theoretical and practical implications for public relations and internal communication studies are discussed.