Sexual Harassment

Sexual harassment is defined as the unwanted imposition of sexual requirements within contexts characterized by unequal power dynamics, primarily affecting women in the workplace, though individuals of any gender can be both perpetrators and victims. It generally falls into two categories: quid pro quo harassment, where job benefits are contingent on sexual favors, and hostile environment harassment, where the workplace is filled with sexually hostile or discriminatory behavior. Despite the increasing presence of women in the workforce, instances of sexual harassment remain prevalent, with reports indicating a significant number of cases filed annually. The legal framework governing sexual harassment is anchored in Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination in employment. Research highlights that sexual harassment is often rooted in sociocultural dynamics, power struggles, and perceptions of gender roles, complicating the understanding of its motivations. The #MeToo movement has revitalized awareness and discussions surrounding sexual harassment, prompting calls for more comprehensive training that goes beyond mere identification of harassment to address underlying attitudes and behaviors. Overall, the issue continues to evolve, influenced by changes in workplace dynamics and societal perceptions.

Published in: 2023

By: Sprague, Carolyn

Subject Terms

Sexual Harassment

Abstract

Noted legal scholar and feminist Catherine MacKinnon defined sexual harassment as "the unwanted imposition of sexual requirement in the context of a relationship of unequal power" (MacKinnon, 1979). Sexual harassment generally falls under two categories: quid pro quo harassment and hostile environment. The majority of victims reporting instances of sexual harassment are women, and the vast majority of reported aggressors are men, though it is important to understand this is not always the case, and both men, women, and those with alternative gender identities can be both the perpetrators and victims of sexual harassment. Further, sexual harassment in the 2020s can occur in person or online. Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission provides legal recourse for victims of sexual harassment. Some sociologists associate the full integration of women into the modern workforce with an increase in instances of sexual harassment. Social scientists are somewhat critical of common approaches to dealing with sexual harassment—particularly in the workforce. Many organizations have made concerted efforts to heighten awareness of issues related to sexual harassment, though social scientists recommend shifting the focus from identifying instances of sexual harassment to pinpointing factors that contribute to instances of sexual harassment with the ultimate aim of lessening future occurrences.

Overview

Sexual harassment remains a common occurrence in society. According to the US Equal Employment Opportunity Commission (EEOC), 11,283 sexual harassment charges were filed in 2019, and an EEOC survey found that anywhere from 25 percent to 85 percent of women have experienced sexual harassment in the workplace. Between 2018 and 2021, 78.2 percent of the 27,291 sexual harassment cases filed came from women (EEOC, 2022). However, the challenge of defining exactly what constitutes sexual harassment remains. According to Kingsley Browne (2006) of Wayne State University Law School,

"Courts have declared that all of the following kinds of conduct may constitute sexual harassment: forcible rape; extorting sex for job benefits; sexual or romantic overtures; sexual jokes; sexually suggestive pictures or cartoons; sexist comments; vulgar language; harassing actions of a non-sexual form; and even 'well intended compliments'" (p. 145).

Sexual harassment is defined as a form of sex discrimination under Title VII Federal Law Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin (U.S. Equal Opportunity Commission, 2002).

Feminist attorney Catherine MacKinnon argued for the legal recognition of sexual harassment as sex discrimination in her 1979 book Sexual Harassment of Working Women. In the book, MacKinnon stated that because of the traditional gender roles of our society, women disproportionately occupy inferior positions in the workplace. One psychologist writing on the subject concurred with MacKinnon, seeing sexual harassment "as a form of sex discrimination that keeps the sexes separate and unequal at work" (Berdahl, 2007, p. 435).

MacKinnon (1979) argued that "intimate violations" of women by men were "sufficiently pervasive" to make the practice nearly invisible (p.1). She also states that internalized power structures within the workplace kept anyone from discussing sexual harassment, making it "inaudible" (p. 1). In her words, the abuse was both acceptable for men to perpetuate and a taboo that women could not confront either publicly or privately. MacKinnon stated that the "social failure" to address these pervasive intimate violations hurt women in terms of economic status, opportunity, mental health, and self-esteem (p. 1). Though society would like many to believe that these conditions have been alleviated in the twenty-first century, this is simply untrue. Many believe that sexual harassment is about the abuse of power, others believe it is about access to sexual favors, and still others believe that sexual harassment is about access to power and sex. In legal terms, sexual harassment is divided into two main categories.

Quid Pro Quo. Quid pro quo harassment occurs when an employee is made to submit to some form of sexual advance in order to obtain a benefit (e.g., a promotion) or to avoid a burden (e.g., being fired). In such cases, sexual harassment is considered sex discrimination because, presumably, the demand would not have been made if the employee were of the opposite sex (Browne, 2006). Initially, researchers and courts believed that this type of harassment was motivated by sexual desire, but research has subsequently suggested that it is instead meant to assert dominance over or derogate the target (Berdahl, 2007). In the 2020s, researchers and legal representatives realize that even if harassment is directed at a same-sex victim as the perpetrators, it can still meet the definitions of sexual harassment, especially in its abuse of power.

Hostile Environment. Hostile environment harassment occurs when a work environment is "permeated with sexuality" or "discriminatory intimidation, ridicule, and insult" (Smith, Craver & Turner, 2011). Within this type of harassment, the victim does not claim specific harassment but rather that the general work environment is discriminatory. Generally, it is believed that this type of harassment seeks to undermine and humiliate its target and is likely to be motivated by sexual hostility rather than sexual desire (Berdahl, 2007).

Men & Women in the Workplace. As women gained greater equity in the workplace, it was assumed that the instances of sexual harassment in the workplace would diminish. However, the causes of sexual harassment are complex and hard to identify, and sexual harassment remained prevalent in modern society. Women's increasing presence in the workforce meant that men and women worked together more closely in the twenty-first century than at any other time in history. In fact, there are no longer "male-only" professions as women have become much more fully integrated into all corners of the workforce. According to one researcher, "one effect of the breakdown of the sexual division of labor is the expansion of opportunities for sexual conflict in the workplace" (Browne, 2006, p. 145). One outgrowth of this conflict may be sexual harassment. Wayne State University law professor Kingsley Brown (2006) analyzed data from numerous studies to argue that sexual harassment was rooted in sociocultural causes, as well as biological and psychological causes. Sociocultural theories of sexual harassment, he said, hold that harassment is a means for the harasser to gain power over his target. Biological and psychological theories, on the other hand, hold that men are biologically and psychologically predisposed to be sexually aggressive, and that sexual harassment is an outgrowth of these predispositions (Browne, 2006).

Further, Browne (2006) argued that men tend to interpret female interest as sexual, while women are more likely to interpret male attention as mere friendliness. According to Browne, these differing perspectives oftentimes led to miscommunication and unintentional harassment. In other words, a man perceiving a woman's friendliness to indicate sexual interest may have escalated his attention to a level that the woman sees as threatening (Browne, 2006). In the 2020s, it is necessary for men, women, and employees in the workplace of any gender or sexual identification to not equate any personal interest or friendship as having a base in sexual interest. The workplace must be an entirely professional arena. With the proliferation of work-from-home policies still in place following the COVID-19 pandemic, physical, sexual harassment may have decreased in prominence; however, innuendo in the virtual workplace remained an issue.

Token Resistance to Sexual Harassment. Token resistance is a concept that originated in date rape literature and describes the belief that women may ostensibly discourage sexual attention when in fact, they wish it to continue (Osman, 2004). In other words, a woman may say "no" when what she really means is "yes." This idea may seem abhorrent, but it warrants study to stop sexual harassment.

Research suggests that a sexual aggression continuum exists, with nonviolent sexual aggression at one end and rape at the other (Figure 1). Researchers believe that sexual harassment could fall at the less extreme end, a belief that, if correct, could offer insight into the perceptions of aggressors who partake in similar behaviors (Begany & Milburn, 2002). The implications for studying token resistance and sexual harassment could be promising. Men who have a strong belief in token resistance on one end of the spectrum may hold similar beliefs at the less extreme end.

Research suggests that men who have a strong belief in token resistance have difficulty determining when their advances are unwanted. Unfortunately, they may need stronger signals (verbal resistance, physical resistance, or both) to convince them that their actions are being rejected. The same can be stated for any sex or gender resisting an unwanted advance, but most research has focused on cis men and women.

The study of token resistance and sexual harassment may reveal not only why men may see attention as harmless but also why women may see it as threatening. As one researcher found, women were more likely than men to identify less severe instances of harassment as harassment. However, this difference tended to disappear as harassment became more severe, and the target's resistance becomes stronger (Osman, 2007). Osman also pointed out that most women did not offer direct resistance to unwanted sexual attention, which may fail to dissuade men who have a strong belief in token resistance. Although verbal resistance may be enough to alert most men that their attentions are not wanted, Osman argued that women should also know that, in some cases, simultaneous verbal and physical resistance is needed to get their message across. This may seem infuriating to many in the twenty-first century and belies a lack of early education in youth and adolescence about respecting boundaries and propriety of behavior.

What Motivates Sexual Harassment? Much contemporary research focuses on the "indirect evidence" that illuminates the causes of sexual harassment. This investigation includes determining the targets of sexual harassment as well as the motives of the harasser (Berdahl, 2007). Psychologists Joseph J. Begany and Michael A. Milburn examined the personality characteristic of authoritarianism to see if there was a correlation between it and sexual harassment. According to Adorno, Frenekl-Brunswik, Levinson, and Sanford (1950), an authoritarian personality can develop as "a result of harsh, punitive child rearing and the consequential displacement of negative emotions into the public realm" (Begany & Milburn, 2002, p. 119). These theorists suggested that authoritarian personalities displace the anger they experienced during childhood onto those who are weaker than themselves and unlikely to retaliate. Additionally, highly authoritarian personalities are likely to "exhibit signs of underlying resentful disrespect for women generally" (Adorno et al., 1950, p. 107, as quoted in Begany & Milburn, 2002, p. 119).

These people may exhibit "fear of a dangerous world, self righteous attitudes and vindictive envy" (Begany & Milburn, 2002, p. 119) and, as a result, may be predisposed to sexually harass others. Men with authoritarian traits may also exhibit a tendency toward hypermasculinity and adhere strictly to traditional cultural norms. Authoritarianism has been found to be predictive of sexual and physical aggression as well as battering (Begany & Milburn, 2002). Simply because these findings appeared in studies does not make them acceptable.

Begany and Milburn identified two types of sexism that are mediating factors between authoritarianism and sexual harassment: hostile and benevolent sexism, both of which serve to rationalize men's dominance over women. Men who exhibit benevolent sexism see themselves as protectors of women and have favorable attitudes toward women in traditional gender roles, such as those of a wife, mother, or homemaker. Hostile sexism espouses that men are superior to women and ought to sexually dominate them. The authors found that "authoritarianism . . . predicts the likelihood that a man will report a greater likelihood of engaging in sexual harassment" (Begany & Milburn, 2002, p. 126). Men with sexist attitudes tend to endorse gender role distinctions that, in turn, may serve to enhance their own sense of male identity (Berdahl, 2007). Though these prevailing attitudes have been reduced in the twenty-first century, they linger in culture and society.

Begany and Milburn's findings support those of psychologist Jennifer Berdahl (2007), who found that women who violate gender ideals are likely to be subjected to sexual harassment. Men who exhibit either benevolent or hostile sexism are likely to view women who possess masculine personality traits as a threat, which can increase the likelihood that they will harass them. According to Berdahl (2007), while sexual harassment of women who exhibit feminine ideals may be more common in the quid pro quo scenario, women who violate feminine gender ideals are much more likely to be subjected to hostile environments. As Berdahl put it, "this suggests that sexual harassment is driven not out of desire for women who meet feminine ideals but out of a desire to punish those who violate them" (2007, p. 434). As a result, having masculine traits may not help women fit into male-dominated fields and may even hurt them.

Applications

Gender Ideals in the Workplace. One should not assume that women who conform to archetypal feminine ideals fare better than those who exhibit personality traits traditionally considered masculine. In many cases, for women in the workforce, a double bind exists: women who exhibit traditional feminine traits are dismissed and disrespected, while those who have more masculine traits are scorned and disliked (Berdahl, 2007). Again, while strides have been made in countering these conditions, there remained work to do in the twenty-first century.

Research on the topic of sexual harassment proposes many theories as to why sexual harassment occurs. Harassment that is motivated by sexual desire may or may not be contingent upon a condition (quid pro quo), but at least some harassment does appear to be directed toward women with archetypal feminine traits. Harassment that targets gender-role deviants (those who violate feminine ideals) is more likely to fall into the category of hostile environment (Berdahl, 2007).

Sexual Harassment as Hazing. There appear to be many factors that contribute to sexual harassment, and social scientists and others continue to question how often sex is a motive. If sexual harassment is not really about sex, but power, then the term is a bit of a misnomer. Kingsley Browne (2006) asked whether "abuse that takes a sexual form . . . is necessarily directed at the target 'because of the sex?'" (p. 147).

Browne suggested that the answer may be no and that sexual harassment may be just another form of hazing—which occurs between men as well as between men and women. Hazing was common in the workplace long before women entered the workforce. Browne's theory was that people who wished to offend delivered messages to which their targets would be especially sensitive. Men might use one message to harass other men (possibly sexual in nature) and a different message to harass women (very often sexual). In the majority of cases, Browne argued, harassment against women contained sexual overtones because it is a type of harassment to which they are especially sensitive. However, the harassment may not be specifically about sex (Browne, 2006). If some sexual harassment is indeed a form of hazing—particularly in the workplace—it is possible to conclude that some harassment is about demonstrating power over others. Regardless of whether Browne’s theory is correct and harassment is less about gender and sex and more about power, it remains unacceptable in any context in the workplace.

Conclusion

Perceptions of harassment vary widely. There is often ambiguity in the line between what constitutes harassment and what is just harmless attention (Osborne, 2007). Any unwanted attention is unacceptable, and if a victim identifying as any sex or gender feels harassed, their feeling should be validated and the incident investigated.

The goal of sexual harassment training is to increase employee awareness and sensitivity. However, some sociologists argue that awareness is not enough, employees need to be taught to avoid the miscommunications and attitudes that can contribute to harassment. Sexual harassment training needs to be extended to include issues in the virtual workplace as well.

Sexual harassment training tends to focus on teaching employees to identify what harassment is and not very much on the underlying attitudes that contribute to harassment. It is extremely common for sexual harassment training programs to be judged upon an employee's ability to recognize sexual harassment as opposed to recognizing the actions and emotions that lead to it (Browne, 2006). In other words, employees are given many examples of what behaviors might be construed as sexual harassment but far less information about why harassment occurs (Berdahl, 2007).

Sociologists understand that there are many theories about why sexual harassment occurs; research continues to examine the psychological and social factors that contribute to the phenomenon. Much of the literature about sexual harassment focuses on the perspective of the target rather than the harasser; however, some sociologists argue that research needs to be conducted on harassers in order to understand how to address their behavior (Browne, 2006).

In 2017, the New York Times exposed years of severe sexual misconduct by film producer Harvey Weinstein. The revelation, which led to the #MeToo movement, brought renewed recognition of sexual harassment and misconduct in the workforce. It also highlighted the unfortunate disadvantages of pursuing individual or criminal litigations against harassers (Dugan, 2020). As the five-year anniversary of the #MeToo movement approached, the Pew Research Center polled Americans to determine what progress had been made. In 2022, support for the movement had only grown and more than twice as many Americans supported the movement than were opposed. There was agreement that those who committed sexual harassment in the workplace were more likely to face consequences and though underreporting remained an issue, the statement of the victim was far more likely to be believed. Support for the #MeToo movement continued to grow across gender, sexual identity, race, ethnicity, and class (Brown, 2022).

Terms & Concepts

Authoritarian Personality: Types of individuals who seek to dominate others by requiring unquestioning obedience to their authority.

Benevolent Sexism: A type of sexism that, when directed against women, casts them in traditional gender roles, such as wife, mother, or homemaker, with men as their protectors.

Gender Harassment: A form of hostile environment harassment that is directed toward individuals on the basis of their gender.

Gender Ideals: Characteristics a society associates with a "model" male or female. In Western societies, male gender ideals might include independence or assertiveness, while female gender ideals might include compassion or beauty.

Hostile Environment: A form of harassment in which an atmosphere or environment intimidates, belittles, or discriminates against an individual or individuals on the basis of their gender, race, religion, national origin, age, or disability.

Hostile Sexism: A type of sexism that, when directed against women, casts them in inferior roles, with men needing to control them through intimidation, threats, or violence.

Quid Pro Quo: Literally, this for that. In the context of sexual harassment law, describes cases of harassment in which granting a sexual favor is a condition for receiving a reward (e.g., being promoted) or avoiding a punishment (e.g., being fired).

Sexual Aggression: Behavior that seeks to coerce or force another into engaging in sexual behavior. On a continuum, sexually aggressive behavior can constitute nonviolent actions, such as verbal pressure, or extremely violent actions, such as rape.

Token Resistance: Resistance to sexual advances that are offered when the advances are actually welcome. The concept was introduced in date rape literature to explain the belief that when a woman says "no" to sex, she is not actually rejecting the man's advances.

Bibliography

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Sexual Harassment

On this Page

Subject Terms

Sexual Harassment

Abstract

Overview

Applications

Conclusion

Terms & Concepts

Bibliography

Suggested Reading