Male/female Differences in Perceptions and Effects of Hostile Environment Sexual Harassment: "Reasonable" Assumptions?

By Thacker, Rebecca A.; Gohmann, Stephen F. | Public Personnel Management, Fall 1993 | Go to article overview

Male/female Differences in Perceptions and Effects of Hostile Environment Sexual Harassment: "Reasonable" Assumptions?


Thacker, Rebecca A., Gohmann, Stephen F., Public Personnel Management


The appropriate legal standard for determining the behaviors that constitute hostile working environment sexual harassment has not yet been clearly delineated. Confusion arises because the behaviors that typically represent examples of hostile working environment are subject to individual definitions; for example, sexual joking, touching and patting, may be considered unwelcome sexual attention to some, but not to others. The courts must obviously be very careful in rendering decisions concerning the definition of hostile environment harassment behaviors, as the danger exists that frivolous complaints will be encouraged, further straining an already overcrowded court system. Thus, the question of a reasonable definition of that which constitutes hostile work environment is an important one.

Previous standards for judgment have rested upon the notion of "reasonableness", i.e., is the individual's claim of hostile environment harassment one with which a "reasonable" person could concur? Two recent court decisions have refined the "reasonableness" standard by suggesting that the standard is different for males and females. In Ellison v. Brady (54 FEP Cases 1347, 1991), the court refined the "reasonable person" standard for deciding whether hostile environment harassment is indeed sexually harassing, by relying upon a "reasonable woman" standard. The reasonable woman standard is an attempt to determine a representative woman's interpretation of sexual behaviors as the standard by which courts can decide whether a sexual harassment claim is frivolous or trivial. As such, the reasonable woman standard is a departure from previous, gender-neutral standards in which males' and females' definitions are treated similarly, and implies that males and females differ in their perceptions of that which constitutes sexual harassment.

The issue in Robinson v. Jacksonville Shipyards (54 FEP Cases 83, 1988) again relied upon a "reasonable woman" standard, but revolved around the question of whether employers could require mental examination of targets who claim that as a result of offensive, hostile working environment harassment, their psychological well-being has been affected. The court rules that requiring mental examinations would set a dangerous precedent for hostile environment cases. Instead the court relied upon the reasonable woman standard as the appropriate criterion for deciding whether the plaintiff had a legitimate claim about the sexually harassing nature of pornographic material in the workplace. If a reasonable woman would find pornographic material and language offensive, then the plaintiff should not be required to prove psychological trauma through a mental examination.

While both the Ellison and the Robinson courts articulated a standard of systematic differences between the genders, empirical proof that such a standard is appropriate is necessary. The purpose of this paper is to explore, first of all, the notion that gender-based differences in interpretation of sexually harassing behaviors do, in fact, exist. Secondly, the paper explores the notion that the reasonable person standard may also be too broad for determining the effects of hostile work environment harassment, and that the psychological and emotional effects of hostile work environment harassment will also differ systematically by gender. Data from a major survey of sexual harassment among public employees in the Federal workplace are analyzed, and implications for organizational policy are discussed.

Why a Standard of Reasonableness is Necessary

In its landmark sexual harassment decision (Meritor Savings Bank v. Vinson, 106 S.Ct. 2399, 1986), the Supreme Court set out two definitions of sexual harassment: 1) demands for sexual favors in return for employment benefits such as promotions or pay raises, called "quid pro quo" harassment; and, 2) behaviors that create an offensive or hostile working environment (e.g., touching, sexual comments and jokes, sexually-oriented pictures), called hostile working environment harassment.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Male/female Differences in Perceptions and Effects of Hostile Environment Sexual Harassment: "Reasonable" Assumptions?
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.