West Virginia Foundation for Rape Information and Services

Sexual Harassment

 

Much of this information in this section was drawn from an online module in the WV FRIS Sexual Assault Services Training Academy (SASTA), sexual violence and related crimes course. See the module for more details.

 

What Is School or Workplace Sexual Harassment?

Sexual harassment includes unwelcome sexual advances, conduct of a sexual nature and requests for sexual favors. It must explicitly or implicitly affect a person's employment, unreasonably interfere with work or school performance or create an intimidating, hostile or offensive work or school environment.

 

Victims include those being harassed as well as anyone affected by the offensive conduct.

 

 

How Often Does Sexual Harassment Occur?

Unfortunately, it is common at school. In an American Association of University Women 2010-2011 survey, almost half of the students in grades 7-12 experienced some form of sexual harassment at school during the academic year (Hill & Kearn, 2011). An Association of American Universities Climate Survey on Sexual Assault and Sexual Misconduct (Cantor et al., 2015) found that almost half of all college students experienced sexual harassment since enrolling at college. Colleges students who were transgender or gender nonconforming had the highest rates: 75.2% for undergraduates and 69.4% for graduate/professional students. Female undergraduate students had the next highest rate at 61.9%, followed by female graduate/professional students at 44.1%. Next were male undergraduates at 42.9%. Male graduate/professional students had the lowest rates at 29.6%.

 

Sexual harassment also occurs in the workplace. The federal Equal Employment Opportunity Commission (EEOC) received 7,609 sexual harassment charges in FY 2018. The vast number were filed by females (about 84%). The EEOC and its partner state/local fair employment practices agencies (FEPA) together received 11,364 sexual harassment charges in FY 2011. (The West Virginia Human Rights Commission is a FEPA.)

 

• 35% of women in corporate America experienced sexual harassment during their careers (Thomas et al., 2018). Some female groups experienced more than others—for example, 55% of women in senior leadership, 48% of lesbian women and 45% of women in technical fields.
• Compared with other female workers, female supervisors are more likely to experience harassing behaviors, label them as such and report a more varied and sustained harassment (McLaughlin, Uggen & Blackstone, 2012). Male supervisors, in contrast, are no more or less likely to experience sexual harassment than are other male workers.

Types of work organizations particularly prone to occurrences of sexual harassment are those that are male dominated, very hierarchical and permissive of this conduct (Cooper, 2017; Buchanan et al., 2014).

 

As with other forms of sexual violence, sexual harassment in schools and the workplace often goes unreported. However, heightened media attention to sexual harassment in recent years has led more sexual harassment victims to share their experiences.

 

 

Some Examples of Sexual Harassment

Sexual harassment happens when one person uses sexual words, gestures, looks or touches that may make another person feel uncomfortable or unsafe.  It can include offering academic benefits or employment advancement in exchange for sexual favors or making threats after a negative response to sexual advances. Some specific examples of sexual harassment are listed below. Note that the behavior(s) that constitute sexual harassment may not be intrinsically harassing but are considered so depending upon the context and impact of the behaviors on a person.

 

Verbal/Written

• Requesting sexual favors
• Repeatedly asking a person out
• Making sexual innuendoes/comments with sexual overtones
• Describing attributes of a person’s body, clothing or behavior in a sexual manner
• Telling sexual or sex-based jokes
• Asking about a person’s sexual experiences, fantasies or preferences
• Spreading rumors about a person’s personal or sexual life
• Making statements that threaten a person or involve sexual bribery
• Making threats after a negative response to sexual advances
• Calling a person sexually oriented names such as hunk, doll, babe or honey
• Calling a person a sexually derogatory name such as bitch, whore or slut

 

Nonverbal/Visual

• Looking/staring up and down a person’s body
• Making facial expressions of a sexual nature such as leering, winking, throwing kisses or licking lips
• Making sexually suggestive or derogatory gestures
• Sending/distributing sexually explicit or derogatory posters, drawings, pictures, cartoons, cards, publications, screensavers, novelties, etc.
• Creating public graffiti about a person’s sexuality
• Touching or rubbing oneself sexually in view of another person
• Exposing oneself to another person
• Following a person

 

Physical

• Impeding or blocking a person’s movement/path
• Inappropriately touching a person or a person’s clothing
• Standing closer than appropriate or necessary to a person
• Assaulting a person
• Having unwanted sexual contact with a person
• Patting, hugging, kissing or stroking

 

How is flirting different from sexual harassment? The determining factor is the impact the act has on the individual it was directed toward. Flirting is enjoyable to both people. If the behavior is sexual in nature, is unwelcome and makes the person it is directed at feel uncomfortable or unsafe, then it is sexual harassment.

 

 

 

Forms of Sexual Harassment

There are two forms of sexual harassment in schools and workplaces:

 

• Quid Pro Quo ("This for That"): Employment or educational decisions that are made on the condition that a person accept unwelcome sexual behavior. A quid pro quo harassment behavior is chargeable even if it happens only once.
• Hostile Environment: Pervasive (persistent or all encompassing) sex-related verbal or physical conduct that is unwelcome or offensive and has the purpose or effect of unreasonably interfering with work or school performance. In order for this conduct to be considered sexual harassment, the hostile environment must either be extreme or "sustained and non-trivial."

 

Sexual harassment is usually intentional, but sometimes people don't realize that they are sexually harassing another person. However, it is NEVER the fault of the victim.

 

U.S. Supreme Court Decisions

With a hostile environment, the intent of the harasser is not a factor in determining whether or not the sexual harassment has occurred. The impact of the behavior is the critical factor.

 

A person does not have to demonstrate that he or she was harmed by the harassment, only that the harasser created a hostile environment or committed quid pro quo offenses. Institutions and organizations can be held legally responsible for sexual harassment if they knew, or should have known, that it was occurring and did not take all reasonable measures to remedy and prevent it. Even if the entity did not know (or should not have known) about the harassment, it is liable for damages if the harasser is a supervisor.

 

 

Impact of Sexual Harassment

Sexual harassment can cause victims to feel:

 

• Powerless, helpless, guilt and anger
• Self-blame, depression, lowered self-esteem
• Isolation
• Rejection by peers
• Concern about their mental and physical well-being

 

At school, sexual harassment can cause:

 

• Inability to concentrate
• Lower grades
• Withdrawal from courses
• Changing majors
• Absenteeism
• Dropping out of school

 

In the workplace, sexual harassment can cause/lead to: 

 

• Decreased productivity
• Denial of advancement and/or benefits
• Retaliation by harasser
• Loss of income or job

 

 

A Civil Rights Violation

No West Virginia criminal law applies specifically to school and workplace sexual harassment. However, sexual harassment is considered a civil rights violation of U.S. and/or State discrimination laws in qualifying settings. Different laws apply to different settings and not all settings are covered.

 

Title VII of the Civil Rights Act of 1964. This federal act categorizes sexual harassment as a form of sex discrimination. It applies only in the following settings:

 

• Government offices (local, state and federal)
• Businesses with 15 or more employees
• Employment agencies
• Labor organizations

 

WVC §5-11. Legislative Rule Title 77. Under this West Virginia law, sexual harassment is not necessarily confined to unwanted sexual conduct. Hostile or physically aggressive behavior may also constitute sexual harassment, if it is based on gender.

 

This law offers protection from sexual harassment only in the following work settings:

 

• Schools
• Colleges

 

 

 

What to Do If You Are Harassed

If you feel uncomfortable and/or think that someone's behavior is inappropriate, trust your own judgment.

 

• Recognize that ignoring sexual harassment typically will not make it stop.
• Inform the harasser(s) directly that the conduct is unwelcome and must stop. Often the harassing is done to assert power and induce fear. However, it is not always safe for victims to confront their harassers, for reasons of physical safety, concerns for losing their job or of retaliation. Victims do not have to inform their harassers that their behavior is unwelcome in order to file a complaint of sexual harassment, if doing so may jeopardize their physical safety, emotional well-being or work/school success.
• Document the harassing behavior. Write down specifically what was done or said and if there were other witnesses. In addition to documenting incidences of sexual harassment, also keep notes about negative actions that result from the harassment (e.g., a demotion, declining work/school performance as demonstrated from grades or an evaluation or stress-related illness as documented from health care provider visits). Keep a copy of any written communication sent to/from the harasser. Tell someone in authority about the harassment.
• Talk to family members, friends and/or co-workers whom you believe you can trust and will be supportive. Ask for help, support and guidance. Don't remain silent.
• Become familiar with the sexual harassment policies and grievance or complaint procedures that apply to your situation (see above, A Civil Rights Violation).
• Formally report the harassment and file a complaint with the applicable entity (e.g., your school, workplace, facility administration, etc.), if necessary (see below).
• Take legal action. When no other recourse exists, you may choose to file a lawsuit under federal laws.

 

If your physical safety or wellbeing are issues: You are encouraged to reach out to a rape crisis center advocate or another professional or support person for help in creating a plan to enhance your safety. Also see the website section on victim guides, victim information, safety planning.

 

Where victims file a complaint depends on where the harassment occurred.

 

• West Virginia Human Rights Commission for qualifying workplaces and schools: 304-558-2616 or 1-888-676-5546, 304-558-2976 (TDD). (Also see its website, FAQ and brochure on sexual discrimination.)
• State of West Virginia Governor's Office of Equal Employment Opportunity for state employees: 304-558-0400. (Also see its website.)
• U.S. Equal Employment Opportunity Commission (EEOC) for qualifying workplaces: 1-800-669-4000 or 1-800-669-6820 (TTY). (Also see its website and Facts about Sexual Harassment.)
• Office of Civil Rights, U.S. Department of Education for schools and colleges that receive federal financial assistance: 1-800-421-3481 (civil rights hotline), 202-453-6100, Federal Relay Service, or Email ocr@ed.gov. (Also see its website.)

 

These organizations have specific time frames in which a complaint must be filed after the harassment occurs. For the EEOC, its within 180 days of the harassment (may be extended by state law). For the WV Human Rights Commission, its within 365 days. For the Office of Civil Rights, U.S. Department of Education, its within 180 days (extensions may be available with waiver with good cause). (Note this information is accurate as of November 2018—check with the above website for any changes.)

 

 

 

Prevention

Prevention is the best tool to eliminate sexual harassment in institutional settings. Institutions begin taking steps to prevent sexual harassment by (Adapted from EEOC, 2002):

 

• Clearly communicating to their constituents that sexual harassment will not be tolerated;
• Having an effective complaint or grievance process in place; and
• Taking immediate and appropriate action when a constituent complains.

 

Also see the website section on prevention.

 

 

Sexual Harassment in Detention

The federal Prison Rape Elimination Act (PREA) of 2003 addresses sexual abuse that occurs in correctional facilities, including sexual harassment. It defines sexual harassment as:

 

• Repeated and unwelcome sexual advances, requests for sexual favors or verbal comments, gestures or actions of a derogatory or offensive sexual nature by one inmate toward another; and
• Repeated verbal comments or gestures of a sexual nature to an inmate by staff, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing or obscene language or gestures.

 

U.S. prison and jail administrators reported from 2013-15 an estimated 15,875 allegations of inmate-on-inmate sexual harassment (Rantala, 2018). Over 2,400 of these allegations were substantiated. There were over 14,310 allegations of staff-on-inmate sexual harassment. Of those allegations, 527 were substantiated.

 

If you are experiencing sexual harassment as an incarcerated person, follow the sexual abuse reporting procedures for the WV correctional facility in which you are detained. See the website section on Victim Resource Center, Victimization in Detention Settings, reporting sexual abuse in correctional facilities. A designated staff person in each correctional facility/system serves as the PREA representative and accepts reports of sexual harassment (e.g., via phone call/message or e-mail). Additional reporting options may also exist for specific facilities/systems.

 

 

References

 

American Association of University Women Educational Foundation. (2001). Hostile hallways: Bullying, teasing and sexual harassment in school. Washington, DC: American Association of University Women (AAUW).

 

Buchanan, N.T., Settles, I.H., Hall, A.T. & O’Connor, RC. (2014). A review of organizational strategies for reducing sexual harassment: Insights from the U. S. Military. Journal of Social Issues, 70(4).

 

Cantor, D., Fisher, B., Chibnall, S., Townsend, R., Lee, H., Bruce, C., & Thomas, G.  (2015). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities (AAUW).

 

Cooper, M. (November 27, 2017). The 3 things that make organizations more prone to sexual harassment [Article]. The Atlantic.

 

Equal Employment Opportunity Commission (EEOC). (2002). Facts about sexual harassment [Web page]. Washington, DC: Author.

 

Equal Employment Opportunity Commission (EEOC). (n.d.) Sexual harassment charges EEOC & FEPAs combined: FY 1997 - FY 2011 [Table]. Washington, DC: Author.

 

Equal Employment Opportunity Commission. (n.d.) Charges alleging sex-based harassment (Charges filed with EEOC): FY 2010 - FY 2018 [Table]. Washington, DC: Author.

 

Hill, C. & Kearn, H. (2011). Crossing the line: Sexual harassment at school. Washington, DC: Association of American Universities (AAU).

 

McLaughlin, H., Uggen, C. & Blackstone, A. (2012). Sexual harassment, workplace authority, and the paradox of power. American Sociological Review XX(X), 1 –23.

 

Rantala, R.R. (2018). Sexual victimization reported by adult correctional authorities, 2012-15. Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics.

 

Raver, J. & Gelfand, M. (2005). Beyond the individual victim: linking sexual harassment, team processes, and team performance. Academy of Management Journal, 48(3).

 

Thomas, R. Cooper, M., Konar, E., Rooney, M. Noble-Toller, M. Bohrer, A., Yee, L. et al. (2018). Women in the workplace 2018. LeanIn.Org & McKinsey and Company.