Sexual Harassment

Sexual harassment is unwanted verbal or physical conduct of a sexual nature. General Recommendation 19 to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women defines sexual harassment to include unwelcome physical contact and advances, sexual demands, the showing of pornography, and sexually colored remarks. Most reported victims of sexual harassment are women. Sexual harassment is illegal in a growing number of countries, many of which recognize that both men and women can be harassers or victims. In the United States, sexual harassment is a form of gender discrimination prohibited by Title VII of the Civil Rights Act of 1964. Title VII holds both harassers and their employers legally responsible and liable for damages and seeks to protect employees who report sexual harassment from retaliation.

Sexual harassment is both widespread and underreported. Surveys indicated that nearly half of working women in the United States and Europe have experienced sexual harassment. More than 90% of Fortune 500 companies have received sexual harassment complaints, and more than a third of Fortune 500 companies have been sued for sexual harassment. Meanwhile, estimates place the reporting rate for sexual harassment at 15% or lower. Reasons for failing to report sexual harassment include embarrassment and shame, a belief that nothing will be done, and fears of hurting one's career or even losing one's job. The U.S. Equal Employment Opportunity Commission (EEOC) received 12,679 charges of sexual harassment in Fiscal Year 2005, with 14.3% filed by men. Complaints peaked in Fiscal Year 1997, when 15,889 cases were filed with the EEOC.

Both victims and employers suffer harm from sexual harassment. Victims have reported resulting anxiety, depression, and sleep and appetite disturbances. Victims may also lose wages when trying to avoid harassment by taking sick leave or unpaid leave, by transferring to new jobs, or by quitting. Reporting sexual harassment can make matters worse if the harasser retaliates. Since there may be few or no witnesses to the harassment, attention may focus on the victim's credibility, opening the victim's life to intense public scrutiny. Companies where sexual harassment occurs suffer consequences such as lower team productivity, a “poisoned” work atmosphere, higher job turnover, increased sick leave, court costs, and damaged company reputation. The average jury award in a U.S. harassment case is $1 million.

Sexual harassment generates both ethical and legal debates. Confusion abounds over what constitutes safe sexual conduct at work. The power dynamics in sexual harassment are increasingly recognized, as are the synergistic effects of gender bias with racism and other forms of discrimination.