What is sexual harassment?

[KillerMuffin]

We all pretty much know vaguely what our legal definitions of sexual harassment are, but beyond the law, what is sexual harassment?

For instance:

In 1993 a New England Journal of Medicine study reported that 77% of surveyed female doctors had been sexually harassed in their own offices by their own (mostly male) patients.

"The boundary line between harassment and nonharassment is sometimes unclear. A man may think that his sexually aggressive action is only complimentary, or a woman may misinterpret an objectively innocent gesture as threatening or suggestive. Usually, however, both parties recognize sexual harassment for what it is--an action based on an assumption of entitlement to sexual privileges."

Legally, sexual harassment out of the workplace doesn't generally get far. But it exists, one would think.

What do you think constitutes sexual harassment? Have you ever felt sexually harassed outside of the workplace (which usually has clearly defined harassment policies)? Did you do anything about it? Any thoughts on the subject?

 

[MorgaineLaFay]

I think it can be...I am stressing Can Be, in the eye of the beholder.

By laws standards, I am sexual harassed every day at work, by my boss. It is all in fun.

But when ever I attempt to tell my day to others in passing they are amazed at the things I tell them.

 

[Guest]

Sexual harrassment is slowly and deliberately being codified nationally by administrative rule and congressional law.

Soon, we won't have to "think" what it is... it will be defined for us.

 

[bknight2602]

I think it can be...I am stressing Can Be, in the eye of the beholder.

By laws standards, I am sexual harassed every day at work, by my boss. It is all in fun.

But when ever I attempt to tell my day to others in passing they are amazed at the things I tell them.

The definitions are so broad based that almost anything acn be construed to be harassment. I don't like the way the situations turn, but it is the law.

Morg I kind of know what you speak of, and it is sad, but why do you tolerate it? Is it just playing and nothing is meant? If that is the case where does the line get drawn? To each persons own definiton?

 

[Lancecastor]

I remember when herass was a noun.

 

[MorgaineLaFay]

The definitions are so broad based that almost anything acn be construed to be harassment. I don't like the way the situations turn, but it is the law.

Morg I kind of know what you speak of, and it is sad, but why do you tolerate it? Is it just playing and nothing is meant? If that is the case where does the line get drawn? To each persons own definiton?

I draw my own line.

To me, if I am good company, meaning within friends, who my boss is included in, then I have no problems. But some people do - given he IS my boss. I tolerate it, or except it, because he is a friend.

I don't even want to put my own thoughts down here on how I think some people totally push past the whole sexual harassment laws.

 

[Lancecastor]

The U.S. Equal Employment Opportunity Commission
--------------------------------------------------------------------------------

Facts About Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

 

[sigh]

The law aside, I think of harassment occuring when one person's sexual activities and innuendoes go beyond another person's comfort level with that activity, at that particular time. This is, of course, a very subjective line and as such is a dangerously moving target. What is construed as harassment between one set of people may be no more than harmless fun between two others.

It all depends on the context, the personalities, and the level of friendship of the two people involved.

I've been harassed outside of the workplace. I've been "accidentally" touched in a crowded bar and have endured leering looks and obscene comments from total strangers. I was bodily lifted by a man and held above his head (while wearing a short skirt) to the delight and cheers of his friends. He then put me down and offered to buy me a drink, saying with a crooked smile that "it was all in fun".

I declined, with a crooked smile of my own, considered, then decided against launching a verbal attack and immediately left the bar. Loud, laughing comments followed me out.

I was in college at the time and a rare participant in the bar scene as I had a wee child at home. I have no idea if that is normal behavior in taverns and I've made a point of not finding out.

The funny thing is, if that had happened at one of my family's wild wedding receptions (and such things do) it would have been fine. Most likely it would have been a cousin who did it and I would have accepted the drink and likely thrown in a curtsy to the clapping crowd.

Like I said, it's all in the context. It's all so subjective.

 

[Madame Manga]

I've never been assaulted, nor had anyone outright try to trade professional favors for sex, but I certainly have been sexually harassed at work and at school, going back to my teens.

What defines it for me is a feeling of wrongness. An ordinary sexual advance has a different tension to it--it's a dealing between equals and not a predation. I have participated in office flirtations where both of us were just having a little fun and no one felt creeped out. Harassment is not that.

I don't mistake one for the other. If I get pleasant thrills from a man's smile or compliment (even if I have no intention of taking him up on it) I'm OK. If I feel like I want to barf, that's a danger signal. ;-) It has nothing to do with the guy's personal attractiveness, BTW. It's all in the attitude.

The harassers I have run up against have all made a habit of it, and were always an office joke among the women. It's not that ill-defined. Just ask the girls for an honest opinion. Any man who pretends that is not what he was doing is talking out his ass. ;-)

When would I actually go to the authorities about it? It would probably have to be extreme and a crime in and of itself, like a bald quid pro quo threat or an assault. If I saw some young thing getting hassled, I might ask her if she wanted help, but again I would probably bypass official channels unless there wasn't any other choice. Sorry, I don't trust management as far as I can throw the office building. Unfortunately, you have to learn to defend yourself, and that's not fair, but that's how it works, IMO.

MM

 

[april-wine]

Personally it's any action that makes you uncomfortable....

 

[bknight2602]

I draw my own line.

To me, if I am good company, meaning within friends, who my boss is included in, then I have no problems. But some people do - given he IS my boss. I tolerate it, or except it, because he is a friend.

I don't even want to put my own thoughts down here on how I think some people totally push past the whole sexual harassment laws.

I was not trying to say you didn't, it probably came out that way though. My point was the laws are so vague that any body could make a case for harassment.

 

[Lancecastor]

Personally it's any action that makes you uncomfortable....

So if I merely smile at a woman on the street as I walk past and she feels uncomfortable because she has a personality disorder (for example) I've just committed sexual harassment?

 

[MorgaineLaFay]

I was not trying to say you didn't, it probably came out that way though. My point was the laws are so vague that any body could make a case for harassment.

Oh I know that darlin...no worries. But I know what you mean.

 

[Madame Manga]

So if I merely smile at a woman on the street as I walk past and she feels uncomfortable because she has a personality disorder (for example) I've just committed sexual harassment?

Well, gosh, dude, don't smile at the ones who are searching for cans in the trash. ;-)

MM

 

[Star of Penumbra]

Personally it's any action that makes you uncomfortable....

Ergo, a man could get fired for having a picture of his wife in a bikini on his desk, for no other reason than because it makes a single person in the workplace, quote, 'uncomfortable'.

That is just plain asinine, and you know it.

Sexual harrassment is saying "Fuck me or you're fired." It's not complimenting someone on thier shirt or cologne or perfume.

 

[april-wine]

So if I merely smile at a woman on the street as I walk past and she feels uncomfortable because she has a personality disorder (for example) I've just committed sexual harassment?

If you do it in a manner that makes her feel threatened....YES

 

[Lancecastor]

If you do it in a manner that makes her feel threatened....YES

Get off the crack pipe, Myles Goodwin!

 

[april-wine]

Ergo, a man could get fired for having a picture of his wife in a bikini on his desk, for no other reason than because it makes a single person in the workplace, quote, 'uncomfortable'.

That is just plain asinine, and you know it.

Sexual harrassment is saying "Fuck me or you're fired." It's not complimenting someone on thier shirt or cologne or perfume.

Firstly do you think the office is an appropriate place for such a photo?....

Secondly, as for compliments, I have seen these taken way to far....

 

[april-wine]

Get off the crack pipe, Myles Goodwin!

Ahhh a typical response from you Lance.....You have your opinion, I have mine....


Guess what, Yours Isn't necessarily the be all end all....I am not saying mine is the answer either....It's an opinion....But thanks for playing.....

 

[sigh]

Ergo, a man could get fired for having a picture of his wife in a bikini on his desk, for no other reason than because it makes a single person in the workplace, quote, 'uncomfortable'.

That is just plain asinine, and you know it.

Sexual harrassment is saying "Fuck me or you're fired." It's not complimenting someone on thier shirt or cologne or perfume.

There's a whole lot of ground between "fuck me or you're fired" and complimenting someone on their shirt or perfume, and you'd better believe that I'd draw the line quite a bit lower down the line than you apparently do.

Talk about asinine...

 

[Lancecastor]

Firstly do you think the office is an appropriate place for such a photo?....

Secondly, as for compliments, I have seen these taken way to far....

Your personal views are not in synch with reality, AW....I posted the US guidelines earlier, here's the Canadian ones, which you might want to give a read before you make a fool out of yourself by complaining about a guy's southern vacation snapshots on his credenza:

~~~~~~~~~~~

Part III of the Canada Labour Code (Labour Standards)
Division XV.1 of Part III of the Canada Labour Code establishes an employee's right to employment free of sexual harassment and requires employers to take positive action to prevent sexual harassment in the work place.

The following questions and answers will be of interest to employers and employees under federal jurisdiction. Pamphlet 1 of this series describes the types of businesses covered by the Code. It is available from any Labour Program office of Human Resources Development Canada and on the HRDC website.

1. What is sexual harassment?

The Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

2. Who is entitled to protection from sexual harassment?

Under the Canada Labour Code, every employee is entitled to employment free of sexual harassment.

3. What are the employer's responsibilities for the prevention of sexual harassment?

Employers are required to make every reasonable effort to ensure that no employee is subjected to sexual harassment. Every employer, after consulting with employees or their representatives, must issue a policy on sexual harassment. The policy must contain at least the following items:

a definition of sexual harassment that is substantially the same as the one in the Code;


a statement to the effect that every employee is entitled to employment free of sexual harassment;


a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;


a statement to the effect that the employer will take disciplinary measures against any person under his or her direction who subjects any employee to sexual harassment;


a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;


a statement to the effect that the employer will not disclose the name of the complainant or the circumstances related to the complaint to any person unless disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation to the complaint;


an explanation of the employee's right to make a complaint under the Canadian Human Rights Act.
4. How should employers inform employees about the sexual harassment policy?

Every employer shall post, and keep posted, copies of the sexual harassment policy where they are likely to be seen by employees.

For information only. For interpretation and application purposes, please refer to Part III of the Canada Labour Code (Labour Standards), the Canada Labour Standards Regulations, and relevant amendments.

Additional copies of this publication can be obtained from:
Public Enquiries Centre
Human Resources Development Canada
140 Promenade du Portage, Phase IV, Level 0
Gatineau, Quebec
K1A 0J9

Fax (819) 953-7260
www.hrdc-drhc.gc.ca

©Her Majesty the Queen in Right of Canada, 2002
Cat. No. MP43-345/12-2002
ISBN 0-662-66806-5

 

[bknight2602]

Oh I know that darlin...no worries. But I know what you mean.

Ok, thanks! Keep them tight!!

 

[Lancecastor]

Ahhh a typical response from you Lance.....

Typically, I am correct about most things.

As I am in this case.

Harassment is not defined by your subjective feelings of discomfort...it's measured by what a reasonable response under the circumstances would be...."the reasonable man test" it is called.

Your response in the street passing example would be unreasonable.

Which is why you are wrong.

Cheers

Lance

 

[sunstruck]

I think sexual harassment should be confined to when someone feels they are either threatened, pursued or discriminated against.

I think a lot of suits have taken things too far and that has made it easy for people to dismiss the whole cause.

 

[sigh]

Your personal views are not in synch with reality, AW....I posted the US guidelines earlier, here's the Canadian ones, which you might want to give a read before you make a fool out of yourself by complaining about a guy's southern vacation snapshots on his credenza:

Why do you keep quoting law? KM asked what we thought constitutes sexual harassment. April has her opinion. You have random bursts of synapses masquerading as thought. To each her (or his) own.