U.S. Sexual Harassment Law: Implications for Small Businesses
1998; Wiley; Volume: 36; Issue: 2 Linguagem: Inglês
ISSN
0047-2778
AutoresRobert K. Robinson, William T. Jackson, Geralyn McClure Franklin, Diana Hensley,
Tópico(s)Gender Politics and Representation
ResumoOver the last several years, a significant amount of research has been dedicated to government policy issues affecting U.S. small businesses. The focus of this vein of research has included the general concern of government policy (Kirk, Franklin, and Robinson 1996; Rogoff and Lee 1996; Cook and Barry 1993; Taylor and Banks 1992): the impact of government policy (Cook 1996a; Cook 1996b: Dye, Carland, and Carland 1990); clean air regulations (Ramsey and Williams 1996): resolving OSHA complaints (Soberer, Kaufman, and Ainina 1993); defamation liability (Fenton and Lawrimore 1992); the Americans with Disabilities Act (Brannen and Begley 1995); AIDS (Franklin, Gresham, and Fontenot 1992: Rutsohn and Law 1991); drug testing (Ward 1991); negligent hiring (Usry and Mosier 1991); wrongful discharge (Aalberts and Seidman 1993; Gomes and Morgan 1992; Fulmer and Casey 1990); civil rights (Kurtz, Wells, and Davis 1993); and maternity/paternity leave (Freese 1994; Worthington and Moss 1989). A common thread throughout the overwhelming majority of the research is the concept that government policy impacts small businesses, and the impact can be significant. Surprisingly, a related issue of concern (and one with the potential for as great. if not greater, impact as the concerns mentioned above) has received only minimal attention in the small business research literature (Lester 1994). This issue is how government policy regarding sexual harassment in the workplace affects small business management. Sexual harassment exhorts a toll on both the individuals involved and on the organization in which it occurs. The victims of sexual harassment suffer from fear, degradation, humiliation, selfblame, and, in many cases, are devalued as employees and as persons in the eyes of the harassers and even co-workers. In addition, victims of sexual harassment generally have higher absentee rates, are more prone to illness, have a higher turnover rate, and are less productive because of the harassment. Co-worker morale may also plummet, either because of the atmosphere generated by the sexual harassment or because of misguided assumptions about the job gains made by the harassed victim. Research published in the popular press suggests that half of all women in the workplace have endured sexual harassment at some time in their careers (Werblin 1992), and interestingly, only 26 percent of women who say they have been sexually harassed actually reported the incidents (Ingrassia 1993). However, by providing remedies and a course of action for sexual harassment victims, judges, juries, the U.S. Equal Employment Opportunity Commission (EEOC), and various state fair-employment practice agencies have made it easier for both women and men to fight sexual harassment in the workplace (Lester 1994; Seay 1991). The number of sexual harassment complaints with the EEOC has more than doubled - from 3,217 cases in 1990 to 8,234 cases in 1994 (Equal Employment Opportunity Commission 1994).(1) The purpose of this article is threefold. First, a clear description of the elements of sexual harassment will be presented. This will include the historical significance of the issue, as well as new factors brought about by the Civil Rights Act of 1991. Next, the implications for small businesses will be explored. Finally, prescriptions for reducing the impact of this harassment will be discussed. What is Sexual Harassment? In the late 1970s, sexual harassment was first defined as a form of sexual discrimination under Title VII of the Civil Rights Act of 1964 (Brown, L. A. 1992). In Williams v. Saxbe (1976), the first federal court defined sexual harassment as an actionable form of sex discrimination. By 1980, the EEOC refined the interpretation of Title VII by providing specific guidelines on sexual harassment (EEOC 1993). These guidelines defined sexual harassment as: Unwelcome sexual advances, requests for sexual favors, and other verbal conduct of a sexual nature . …
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