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Legal Definitions of Sexual Harassment Must Be Broad (From What Is Sexual Harassment? P 46-53, 1995, Karin L Swisher, ed. - - See NCJ-164224)

NCJ Number
164430
Author(s)
D L Siegel
Date Published
1995
Length
8 pages
Annotation
Legal definitions of sexual harassment must be broad in order to encompass the sexualized behaviors that have such debilitating consequences for those affected by them.
Abstract
Men and women often view sexualized behavior differently, in part because women are more likely to be sexually assaulted. There is often a major difference between the intent (the man's) and the impact (on the woman). Sexual harassment is one such "gray" area, especially since sexual harassment is part of a spectrum of victimization that ranges from leering to rape. Gender-based differences in interpretation are most likely in "hostile environment" cases that do not involve physical assault or quid pro quo demands. The Equal Employment Opportunity Commission and the U.S. Supreme Court have responded to these "gray" areas of interpretation by setting forth clear, broad definitions of sexual harassment that recognize the impact of such behavior on a "reasonable woman." Unfortunately, although the legal definitions are being refined, many people still operate under sexual myths and stereotypes that blame the victim and downplay the severity of sexual harassment. Perhaps the most dangerous of these myths is the assumption that since women suppress their honest reactions to sexual harassment, they must be either flattered or amused by it, such that it does not constitute abusive harassment. 24 references

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