sexual harassment

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sexual harassment,

in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in torttort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
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 or under equal-opportunity statutes. Once stereotyped as involving pressures brought by one in authority (e.g., an employer, teacher, or ranking officer) on someone in an inferior position, with the aim of obtaining sexual favors, harassment is now recognized as also involving behavior that creates an environment unfriendly to its targets. Thus, sexually explicit or suggestive behavior by male fellow employees may be designed to make a work situation difficult for a newly hired female; the harassers' motive may be mere hostility to female entry into a male "preserve."

In the United States, courts have since 1977 recognized some such behavior as a form of sex discrimination; not only the superior who seeks sexual access but also the employer who fails to restrain the behavior of other employees may be liable to suit. The 1991 Senate hearings in which Professor Anita Hill testified that Supreme Court nominee Clarence ThomasThomas, Clarence,
1948–, associate justice of the U.S. Supreme Court (1991–), b. Pin Point (Savannah), Ga. Raised in a poor family, he graduated (1974) from the Yale Law School and became a prominent black conservative active in Republican causes.
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 had made unwelcome advances to her some years earlier when she worked for him, and the "Tailhook" scandal, involving sexual hazing by male officers during a navy gathering in Las Vegas, Nev., in Sept., 1991, brought the issue of sexual harassment to national attention. In 1992 the Supreme Court gave individuals harmed by a school's discrimination (now interpreted as including failure to discipline students who harass other students) the right to sue the school for damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
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. In a series of 1998 decisions the Supreme Court ruled that employees in the workplace are to be protected from harassment by people of the same sex; that an employee need not suffer a tangible job detriment in order to sue for harassment; and that a company having effective complaint procedures that an employee unreasonably fails to utilize is protected from suit.

Recent debates have centered on, among other things, the apparent wide differences in men's and women's interpretations of sexual talk; on whether schools and colleges can or should impose speech and conduct codes or take other measures to protect students, especially females, from sexual talk or behavior; and on whether pornography is in itself a form of sexual harassment. It is apparent that the interests of protection from sexual harassment and of freedom of speech will continue to clash.

Bibliography

See M. Boland, Sexual Harassment in the Workplace (2007); C. N. Baker, The Women's Movement Against Sexual Harassment (2007).

The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/
References in periodicals archive ?
Faye also hit back at critics who claim she should see catcalls as a compliment, and said: "Wolf whistling is intimidating.
A viral video has brought renewed attention to the catcalls, whistles, and jeers many women put up with when walking down a city street.
Several parts of his speech to the GMB annual conference in Brighton were interrupted by shouts, boos and catcalls from delegates, while some held up a banner which read: "Vince Cable not welcome - Stop Attacking Workers' Rights."
However, the match will be remembered for Dean's contentious call and he and his fellow officials left the field to catcalls and chants of: "You don't know what you're doing!".
Harvard University basketball's starting point guard Jeremy Lin has faced the stereotypical catcalls of "too skinny," "too short" and "go play violin like the rest of your people," despite the fact that he led his high school team to a state title and is Harvard's top scorer.
Perhaps they were Tottenham or Arsenal fans allowing their club allegiances to spill over into the international arena, but the Chelsea defender did not deserve the catcalls for his error which led to Kazakhstan's goal.
Against the background of a cacophony of Catalan catcalls, Ronaldo's customary pre-penalty gunslinger stance appeared as confident as ever.
There were the oft-televised orchestrated shouting matches, catcalls and threats by disgruntled Clintonistas (Fuller Clark, Portsmouth Democrat, charitably dismisses, the anger: There s a lot of pain out there").
Four firefighters have filed a complaint with the state of California, claiming they were forced to take part in the parade and were subjected to taunts and catcalls.
The Boro winger was singled out for catcalls from the Upton Park regulars, no doubt largely because of his links with England's uncertain form in their Euro qualifiers.
The catcalls fans give opposition players who are just too bloody good.
Consequently, throughout the nineteenth and twentieth centuries, Catholic Sisters stood apart, and paid the consequences in Protestant areas of Europe with insults, catcalls or even had stones thrown at them.