sexual harassment


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Related to sexual harassment: sexual assault, sexual abuse, sexual discrimination

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).

References in periodicals archive ?
Its time for Congress to play a leadership role in tackling the problem of workplace sexual harassment and assault to show that that Congress, like the public, sees harassment and discrimination as unacceptable, wrote the senators.
Clearly, sexual harassment in the workplace is a major issue that should be addressed globally.
Linda Koop asked the state's Republican leadership Tuesday to develop a new protocol to protect those working in the state Capitol, citing "disturbing accusations of sexual harassment and misconduct" by public officials in Washington, D.
Since 1998, Americans' opinions about people's level of sensitivity to the problem of sexual harassment have completely reversed.
Similarly, a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment," added the judgement.
One of the issues with sexual harassment is the different definitions of what it actually is.
The gory tales of sexual harassment silently endured by women in various hubs of India's garment industry is disquieting to say the least.
The degree to which female college students view appearance-related commentary in the workplace as sexual harassment has received little attention, despite estimates that most female college students work (Aud et al.
In addition, students should be taught about the prevalence of sexual harassment against women in society, different ways to prevent it and the cruciality of consent.
The USA was among the first countries in the world to address the issue of sexual harassment through recourse to the law.
The study also breaks down sexual harassment by governorate and time of day, and the occupations of sexual harassers.
If the sexual harassment is physical in nature, it may provide evidence of the crime of sexual assault (intentional physical contact of a sexual nature to which there is no consent).