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Sexual Harassment of Working Women: A Case of Sex Discrimination
... Within academia, GBV takes on distinct characteristics due to power asymmetries, hierarchical structures, and deeply ingrained gender norms (Acker, 1990;Morley, 2011). Universities are often perceived as meritocratic institutions, yet gendered discrimination and violence persist through forms such as sexual harassment, academic sabotage, gendered gatekeeping, and exclusion from leadership and decision-making roles (MacKinnon, 1979). ...
... The culture of silence further entrenches GBV in academia, as victims frequently fear retaliation, damage to their reputations, or professional stagnation if they report abuses (Pyke, 2018). In institutions where reporting mechanisms are weak, perpetrators are often protected by tenure systems, informal networks, or institutional inertia (MacKinnon, 1979). The culture of silence can lead to minimizing or even legitimizing violence, leaving the cases of violence unreported out of fear of stigmatization. ...
... The findings of this research reinforce theoretical perspectives on gender-based violence (GBV) in academia, demonstrating how institutional structures, cultural expectations, and power asymmetries intersect to perpetuate discrimination and harassment against women (Acker, 1990;MacKinnon, 1979;Morley, 2011). The comparison of 2021 and 2024 data highlights an alarming increase in the perception by teaching staff of incidents of GBV. ...
After four years of implementation of the UNIGEM (Universities and Gender Mainstreaming) project at 19 universities in the region, the follow-up study “Echoes of Change: Advancing Gender Equality in Higher Education in the Balkans” presents an analysis and synthesis of the results obtained. In light of this research, we remain optimistic, despite the growing influence of anti-gender narratives that spread disinformation and promote fear in the wider society regarding gender equality. On the one hand, measurable progress has been achieved: students, university staff and administrative staff have shown increased awareness of gender equality and gender-based violence; universities have adopted Gender Action Plans (GAPs) and other strategic documents; and gender-related content has been integrated into curricula.
... Mulheres em instituições, organizações, ocupações e posições predominantemente tomadas por homens sofrem mais vitimização do que as mulheres em ocupações sancionadas para elas. Quando ganham posições e atravessam as fronteiras do que seria considerado apropriado, avançando sobre os territórios masculinizados, essas mulheres ameaçam os privilégios e a solidariedade masculinos, o que motiva muitos homens (e também mulheres) ao assédio (Mackinnon, 1979). Esse ambiente altamente hostil constitui "um sistema de governo dos homens", no qual predomina "o exercício autorizado da agressividade" (Pezé, 2004: 10). ...
... Notas 1 Mackinnon (1979) observa que os ambientes de trabalho apresentam um "ruído branco", tensionados por insinuações sexuais que causam ansiedade e desconforto significativos em muitas mulheres a ponto de afetar sua capacidade de trabalho. ...
... O que está ausente nesse entendimento é justamente a questão de gênero. E há uma terceira forma, o assédio ascendente, que se estrutura na base, entre os funcionários contra a chefia, construindo a maledicência cotidiana -situação que envolve principalmente as mulheres em posição de chefia e poder (Mackinnon, 1979). O que é comum a todos é o fato de englobar o exercício do poder de uns sobre os outros (Guimarães & Rimoli, 2006). ...
A obra traz um rico panorama dos conceitos recorrentes na pauta feminista e das mulheres e vai além, apresentando temas e significados em sua dimensão histórica, política e social. Estão explicados fenômenos que envolvem os vários aspectos, tipos e cenários das violências e também formas de resistência, além de informações sobre análises científicas que ampararam a criação de procedimentos, normas, abordagens e técnicas que hoje estão regulamentados e em funcionamento em diversos setores públicos de forma regular e/ou ainda embrionária. Além disso, houve uma preocupação importante: passar aos leitores as mais importantes noções sobre conceitos de liberdade, direitos humanos, justiça, aspectos da educação masculina que levam à prática da violência e outros temas. O ‘Dicionário’ é o resultado de um trabalho que reuniu muitas vozes: mais de cem colaboradores, pesquisadores e/ou profissionais de universidades, agências governamentais, serviços públicos de saúde, seguridade social, segurança pública, jurídico-policiais e organizações não governamentais trabalharam coletivamente na escolha de verbetes significativos e na elaboração dos mesmos.
... Σε ακαδημαϊκό επίπεδο, η MacKinnon εισήγαγε για πρώτη φορά τη δεκαετία του '70 την έννοια της σεξουαλικής παρενόχλησης, προσπαθώντας να της προσδώσει τα κεντρικά της χαρακτηριστικά γνωρίσματα και την εννοιολόγησε ως «την ανεπιθύμητη επιβολή σεξουαλικών απαιτήσεων στο πλαίσιο μιας άνισης σχέσης εξουσίας. Κεντρικό στοιχείο της έννοιας είναι η χρήση της εξουσίας που προέρχεται από μια κοινωνική σφαίρα για να μοχλευτούν οφέλη ή να επιβληθούν στερήσεις σε μία άλλη» (MacKinnon, 1979;Μάνεση, et al., 2022). Επιπλέον, σύμφωνα με την MacKinnon, η σεξουαλική παρενόχληση διακρίνεται σε δύο μορφές: την quid pro quo παρενόχληση και τις εχθρικές συνθήκες εργασίας. ...
... Επιπλέον, σύμφωνα με την MacKinnon, η σεξουαλική παρενόχληση διακρίνεται σε δύο μορφές: την quid pro quo παρενόχληση και τις εχθρικές συνθήκες εργασίας. Στην πρώτη περίπτωση, η οποία στα ελληνικά αποδίδεται ως «Προνόμια με αντάλλαγμα το σεξ» 4 , ο έχων την εξουσία, όπου σε πολλές περιπτώσεις είναι άνδρας, επηρεάζει τις συνθήκες εργασίας, τις προσλήψεις, προαγωγές, τις αυξήσεις και τις απολύσεις με γνώμονα την «αντιπαροχή» -το σεξουαλικό αντάλλαγμα (MacKinnon, 1979;Μάνεση, et al., 2022). Από την άλλη πλευρά, στη δεύτερη περίπτωση, το εχθρικό παρενοχλητικό περιβάλλον εμφανίζεται σε χώρους εργασίας που παραδοσιακά κυριαρχούν άνδρες και εκδηλώνεται με σεξουαλικά υπονοούμενα, επίμονη οπτική επαφή και σχόλια ή ανέκδοτα για το σώμα των γυναικών, με σκοπό να προσβάλουν την αξιοπρέπεια τους και τη δημιουργία ανασφάλειας στο εργασιακό περιβάλλον (MacKinnon, 1979;Μάνεση, et al., 2022). ...
... Στην πρώτη περίπτωση, η οποία στα ελληνικά αποδίδεται ως «Προνόμια με αντάλλαγμα το σεξ» 4 , ο έχων την εξουσία, όπου σε πολλές περιπτώσεις είναι άνδρας, επηρεάζει τις συνθήκες εργασίας, τις προσλήψεις, προαγωγές, τις αυξήσεις και τις απολύσεις με γνώμονα την «αντιπαροχή» -το σεξουαλικό αντάλλαγμα (MacKinnon, 1979;Μάνεση, et al., 2022). Από την άλλη πλευρά, στη δεύτερη περίπτωση, το εχθρικό παρενοχλητικό περιβάλλον εμφανίζεται σε χώρους εργασίας που παραδοσιακά κυριαρχούν άνδρες και εκδηλώνεται με σεξουαλικά υπονοούμενα, επίμονη οπτική επαφή και σχόλια ή ανέκδοτα για το σώμα των γυναικών, με σκοπό να προσβάλουν την αξιοπρέπεια τους και τη δημιουργία ανασφάλειας στο εργασιακό περιβάλλον (MacKinnon, 1979;Μάνεση, et al., 2022). ...
The primary objective of this thesis is to examine the phenomenon of sexual
harassment within the workplace. The study will analyze the types, causes, effects
and the mechanisms activated to address it at national and European level. The
research is based exclusively on a literature review and will not involve any empirical
fieldwork, as its primarily objective is to explore the social ang legal framework for
combating sexual harassment in international and national work environments.
Initially, the thesis will provide a clear concept of harassment, and its types will be
presented, including sexual, psychological, and physical violence, as well as more
specific forms of discrimination. In addition, it will explore the impacts of sexual
harassments on the mental and physical health of victims and discuss the broader
implications for organizations and businesses. Moreover, an overview of relevant
statistics and existing measures designed to protect women and promote gender
equality will also be provided. In the second chapter, the legal frameworks governing the addressing of sexual harassment at the international, European and national levels will be analyzed, while identifying their gaps and weaknesses based on the Charter of Fundamental Rights of the EU. The role of institutional bodies, trade unions and corporate policies in combating sexual harassment will be examined in the third chapter, while in the fourth chapter, based on cases studies in selected countries, an analysis will be undertaken of the factors contributing to the effective or unsuccessful addressing of sexual harassment through existing policies. Finally, the thesis will conclude by synthesizing the key finding from the preceding analysis.
It will evaluate the effectiveness of current prevention and response strategies and
propose recommendations to enhance awareness among all stakeholders.
... Opportunities undoubtedly increased as more women entered the workforce in the twentieth century. However, the treatment of sexual harassment as a form of gender discrimination (see MacKinnon, 1979) resulted in a tightening of legal and institutional controls on sexual behaviors in the workplace throughout the 1980s and 1990s (Cortina & Areguin, 2021). While concerns about workplace sexual harassment are not new, public attention to sexual harassment has more recently increased due to the MeToo movement (e.g., MacKinnon, 1979;McDonald, 2011;McLaughlin & Uggen, 2012;Schneider & Carpenter, 2019). ...
... However, the treatment of sexual harassment as a form of gender discrimination (see MacKinnon, 1979) resulted in a tightening of legal and institutional controls on sexual behaviors in the workplace throughout the 1980s and 1990s (Cortina & Areguin, 2021). While concerns about workplace sexual harassment are not new, public attention to sexual harassment has more recently increased due to the MeToo movement (e.g., MacKinnon, 1979;McDonald, 2011;McLaughlin & Uggen, 2012;Schneider & Carpenter, 2019). Most of the high-profile cases exposed by the MeToo movement involved sexual quid pro quos (Kessler et al., 2020). ...
Objectives
We examine attitudes toward punishment of authorities and subordinates who participate in sexual and monetary bribery.
Methods
A nationally representative sample of 1050 respondents were presented with vignettes in an experimental design. We manipulated the type of payoff, who requested the bribe, the gender of the participants, and how common such payoffs were in that setting.
Results
In support of attribution theory, the results showed that respondents were more punitive toward authorities than subordinates and toward whoever proposed the bribe. The results also showed that respondents, particularly female respondents, were more punitive toward authorities when the payoff was sexual.
Conclusion
The findings suggest that people become more punitive when sex is treated as a commodity. A three-way interaction indicated that respondents were particularly punitive toward authorities in the MeToo scenario, i.e., when a man offered a reward to a woman for a sexual payoff.
... This approach was particularly developed by the feminist lawyer Catherine MacKinnon (1979). MacKinnon was the first to argue that sexual harassment in the workplace violates the constitutional principle of equal treatment of the two sexes. ...
... MacKinnon was the first to argue that sexual harassment in the workplace violates the constitutional principle of equal treatment of the two sexes. MacKinnon (1979) was able to influence in favor of the victim, court decisions on issues of sexual harassment in the workplace, as she strongly argued that sexual harassment functions as a mechanism of labor and economic oppression of women, denigrates the female gender and violates the Equality Act. Overall, the feminist approach considers that sexual harassment is directly related to the phenomena of abuse of power, inequality, and sexism, which are observed in the wider social, cultural, and political environment and which affect the culture formed in the workplace. ...
... In this endeavor, informing our take on the prevention of sexual harassment, we use a feminist understanding of sexual harassment in working life. This entails an understanding of sexual harassment, including unwanted verbal, nonverbal, or physical conducts of a sexual nature [20], as well as being part of a continuum of intersectional, gender-based violence and harassment more generally [21,22]. We also have a viewpoint informed by violence prevention research in which successful prevention and intervention targeting sexual harassment is seen as dependent on a systemic approach at the organizational level [14]. ...
... Research emanating from the concept of sexual harassment has a long history, dating back to the late 1970s [20], but it is also embedded in a longer history of research on gender, power, and violence. As part of a wider epistemological framework on gender, power, and violence, sexual harassment is just one of the many forms of abuse. ...
Gender-based violence and sexual harassment in the Nordic labor market prevails, despite decades of preventive work. The #Metoo movement has clearly challenged past and current notions of the Nordic countries as gender equal welfare states, but it also pointed at the inability of policy to overcome its own prerequisites. In this study, we analyze past research on sexual harassment in Nordic working life, especially targeting theoretical, methodological, and practical results and challenges. By taking this systematic Nordic research review as a point of departure, we also develop a framework to analyze and transgress existing boundaries of policy and research in several ways. By reimagining research practices, as well as neoliberal management protocols for prevention, we elaborate on ways forward through several analytical steps. Finally, we envisage a need to overcome an immanent paradox when performing social research, pointing towards a vision of critical research moving beyond contemporary research politics and policy.
... How sexual harassment is dealt with in different jurisdictions has been discussed and critiqued within feminist theorization on sexual harassment for decades. There is an extensive body of literature discussing the implications of handling sexual harassment as either a form of discrimination or as a criminal offense (Cortina & Areguin, 2021, 287;Holland & Cortina, 2016;McCann, 2005;MacKinnon, 1979;Wegerstad, 2022). It is also argued that thus focus on juridical definitions risks "limiting our understanding of sexual harassment" (Bondestam & Lundqvist, 2020) as "something that lends itself well to a specific definition and understanding, and consequently as something that can be eradicated by means of legislation, policies, and education" (Lundqvist et al., 2023). ...
... 1 The scholarly term 'sexual coercion' is analogous with the legal definition of 'quid pro quo harassment' (Cortina & Areguin, 2021, 289), which is, for instance, when a supervisor seeks sexual favors from an employee in exchange for for example, a promotion (MacKinnon, 1979;Thomson Reuters Legal, 2022). An important difference between a legal definition of 'quid pro quo harassment' and the scholarly definition of 'sexual coercion' is that the latter also includes "attempts, both explicit and implicit, to make the conditions of employment contingent on sexual cooperation" (Cortina & Areguin, 2021, 287). ...
This article argues that a perpetrator‐based definition of sexual harassment that highlights corrupt aspects of sexual harassment may contribute to a shift in focus from the experience of the harassed, to the actions of the harasser. This argument is based on an analysis of testimonies of sexual harassment from the #metoo call by the Swedish police in 2017, which reference abuse of power and quid pro quo elements. By introducing the recently developed analytical framework of ‘sexual corruption’, we show how a perpetrator‐based definition of sexual harassment may contribute to attributing responsibility to harassers. Identifying sexual harassment that includes the abuse of power and quid pro quo elements as corruption centers on the role of the abuse of power and, thus, the responsibility of the person abusing their position of power. Moreover, this shift bypasses discussions of whether or not the situation was experienced as ‘unwelcome’ by the harassed, the severity of the act, and questions of coercion and consent. Identifying instances of sexual harassment that include the abuse of power and quid pro quo elements as corruption also closes off attempts to portray it in terms of ‘jokes’ or banter, which is common in the police context. The article contributes with analytical tools that enable a shift from tracing the experience of the harassed to centering on the actions and responsibility of the harasser.
... Research on sexual harassment and assault at Chinese colleges and universities has focused on students' understanding of sexual harassment and the relationship to experiencing and responding to sexual harassment (Li et al., 2022a(Li et al., , 2022bTang et al., 1996), the association between tolerance of sexual harassment and traditional gender values (Mou et al., 2022), and sexual harassment and assault disparities between sexual minority and heterosexual youth (Li et al., 2022a(Li et al., , 2022b. Although it is widely known that the core of the sexual harassment and assault problem involves power and control (MacKinnon, 1979;ProPublica, 2017;Robbins et al., 1997), surprisingly, there is only one interview-based qualitative study specifically investigating how the power imbalance between college students and their teachers shapes sexual harassment in Chinese academia (Qiu & Cheng, 2022). To our knowledge, there is no empirical evidence systematically demonstrating the role of power imbalances in sexual harassment and assault within the Chinese university context. ...
... Scholars have long argued that power imbalance is at the heart of sexual harassment and assault (MacKinnon, 1979), and the central goal of the perpetrator's abuse of power is to gain or maintain control over the victim, who is in a position of powerlessness (Gravelin et al., 2019;Minnotte & Legerski, 2019). Perpetrators with more power can exert more influence and control over the victims, while the victims with less power are often perceived as more controllable by perpetrators and are therefore more likely to be the target of sexual harassment (Hardt et al., 2023;Wamoyi et al., 2022). ...
No empirical study has systematically investigated the role of power imbalance in sexual harassment and assault within the Chinese college and university context. Addressing this gap, we used search engines, news media, and social platforms to collect 93 publicly reported real-world cases of sexual harassment and assault by men against women at Chinese colleges and universities up until the end of 2023. We coded these cases for general characteristics, power status of perpetrators and victims, severity of sexual harassment and assault, and the post-incident behaviours of the victims, the perpetrators, and their colleges/universities. The results demonstrated that features of the power imbalance between perpetrators and victims were significantly associated with the behaviour of the victims, perpetrators, and colleges/universities after the assault. Specifically, the victim being single and in an isolated environment predicted greater severity of the sexual harassment and assault. The prominence of the perpetrator’s administrative position predicted a greater likelihood of the victim denouncing the perpetrator after graduation rather than before graduation. The lower the economic status of the victim’s family, the higher the ranking of the college/university that employed the perpetrator, and the perpetrator’s membership in the Communist Party of China (CPC) predicted a greater tendency for the perpetrator to deny allegations of harassment and assault. Finally, the perpetrator’s membership in the CPC and the higher the ranking of the college/university predicted the tendency for the college/university to obstruct the victims’ rights. Overall, these findings underscore the ways in which features of the deeply rooted power imbalance between male perpetrators and female victims shape responses to sexual harassment and assault within Chinese colleges and universities.
... She argues that men as a whole are not defined as sexual objects in the same way as women are. Women, overall, are more sensitive to and feel more harmed by sexual jokes than men, which can be understood in this context [17]. Thus in the domain of workplace, the employer has crucial importance to safeguard women's rights. ...
... Chinese scholars are arguing that China is applying the integration of tort and anti-discrimination models and that The Supreme Court places disputes regarding "equal employment rights" under the category of "personal rights" disputes [16]. As Mackinnon points out, the tort law model views sexual harassment as harm to individuals, but in reality, sexual harassment constitutes harm to a group [17]. The current legislation seen in the Civil Code has its own intention to protect the core value of socialism, however, the specified definition of workplace sexual harassment still needs to be modified. ...
Workplace sexual harassment is a prominent issue across the globe, despite a late start, China has made huge progress in legislation in recent years. However, China’s personality approach is insufficient in both legislation and judicial practice, especially the underemphasis on employer’s liability. Some studies are addressing this issue, but the cause of this problem remains understudied. Thus this article attempts to fill in the missing parts of the discussion. Firstly by reviewing the legislative progress, this article emphasizes the interplay between domestic values and international legislative influences. Then discusses the practical challenges in judicial practice, including the underemphasis on employer liability and the need for clearer guidelines on accountability. By re-examining the collective movement and women’s liberation movement after 1949, This article argues that the avoidance of addressing sexual harassment in the public sphere and the neglect of employer responsibility are deeply rooted in our history. Then by comparing the social movement and legislative approach with the U.S., this paper argues that: (i) adopting the sex discrimination model and (ii) encouraging community engagement by forming a bottom-to-top movement would be beneficial to future legislation and judicial practices concerning workplace sexual harassment. Mass culture and societal currents are crucial for China to emphasize the employer’s liability both in legislation and judicial practice.
... Although nine out of every ten countries in the world have adopted regulations against sexual harassment in workplaces (Bondestam and Lundqvist, 2020), it is still a pervasive and prevalent phenomenon across the globe (Zeigler-Hill et al., 2016;Nielsen et al., 2017). Challenging reasons for the longevity of sexual harassment into the 2020s, despite protective laws and policies regarding the deed (sexual harassment), the context (sexual discrimination), and protest movements (e.g., the #Me Too movement), can be found in the seminal work of MacKinnon (1979). MacKinnon argued that sexual harassment is seen because of segregation in the organization of work which maintains the long-standing unequal power and control between men and women. ...
... MacKinnon argued that sexual harassment is seen because of segregation in the organization of work which maintains the long-standing unequal power and control between men and women. Critically, men have a superior status (evidenced most clearly in pay differences); and women were most useful in roles in which they can be exploited sexually for economic benefit (MacKinnon, 1979). Thus, some sectors employ women extensively, if not exclusively, because of certain required characteristics. ...
Introduction
Sexual harassment is a significant problem in workplaces all over the world. Women's reactions to sexual harassment are influenced by various factors. The aim of the current study was to investigate how women respond sexual harassment in the retail clothing industry.
Methods
In-depth face-to-face interviews were conducted with 16 women aged 23–44 years (mean 29.18 years) employed for at least 3 years in clothes shops in Shiraz, Iran. A grounded theory approach was used to analysis the data and raise hypotheses.
Results
The main perpetrators of sexual harassment for female saleswomen were male customers. The women experienced conflict-induced stimulation (core phenomenon) when they were faced with sexual harassing behaviors (causal conditions). Such stimulation prompted three types of coping strategies: silence, avoidance, or confrontation. Intervening factors like the characteristics of the Iranian society (including family mores, state-imposed hijab regulations, patriarchal culture, educational system, and regulatory monitoring) and contextual factors (including individual and environmental factors and particularly employer expectations) were found to influence the selection of strategies used as well as their potential consequences in challenging situations.
Conclusion
The current study used a grounded theory approach to produce an explanatory storyline that can be tested. Sexual harassment induces conflict-induced stimulation and responses are influenced by intervening conditions, contextual factors, selected strategies, and the perceived consequences of the response. The findings of the grounded theory study suggest that there are negative consequences, particularly in terms of lack of employer support and losing one's job, shame, and family disapproval which act as barriers for female saleswomen to counteracting sexual harassment from male customers. Such an understanding can also be applied to develop educational policies to support women as well as ameliorate the prevalence of this essentially illegal problem.
... Although nine out of every ten countries in the world have adopted regulations against sexual harassment in workplaces (Bondestam and Lundqvist, 2020), it is still a pervasive and prevalent phenomenon across the globe (Zeigler-Hill et al., 2016;Nielsen et al., 2017). Challenging reasons for the longevity of sexual harassment into the 2020s, despite protective laws and policies regarding the deed (sexual harassment), the context (sexual discrimination), and protest movements (e.g., the #Me Too movement), can be found in the seminal work of MacKinnon (1979). MacKinnon argued that sexual harassment is seen because of segregation in the organization of work which maintains the long-standing unequal power and control between men and women. ...
... MacKinnon argued that sexual harassment is seen because of segregation in the organization of work which maintains the long-standing unequal power and control between men and women. Critically, men have a superior status (evidenced most clearly in pay differences); and women were most useful in roles in which they can be exploited sexually for economic benefit (MacKinnon, 1979). Thus, some sectors employ women extensively, if not exclusively, because of certain required characteristics. ...
Introduction
Sexual harassment is a significant problem in workplaces all over the world. Women's reactions to sexual harassment are influenced by various factors. The aim of the current study was to investigate how women respond sexual harassment in the retail clothing industry.
Methods
In-depth face-to-face interviews were conducted with 16 women aged 23–44 years (mean 29.18 years) employed for at least 3 years in clothes shops in Shiraz, Iran. A grounded theory approach was used to analysis the data and raise hypotheses.
Results
The main perpetrators of sexual harassment for female saleswomen were male customers. The women experienced conflict-induced stimulation (core phenomenon) when they were faced with sexual harassing behaviors (causal conditions). Such stimulation prompted three types of coping strategies: silence, avoidance, or confrontation. Intervening factors like the characteristics of the Iranian society (including family mores, state-imposed hijab regulations, patriarchal culture, educational system, and regulatory monitoring) and contextual factors (including individual and environmental factors and particularly employer expectations) were found to influence the selection of strategies used as well as their potential consequences in challenging situations.
Conclusion
The current study used a grounded theory approach to produce an explanatory storyline that can be tested. Sexual harassment induces conflict-induced stimulation and responses are influenced by intervening conditions, contextual factors, selected strategies, and the perceived consequences of the response. The findings of the grounded theory study suggest that there are negative consequences, particularly in terms of lack of employer support and losing one's job, shame, and family disapproval which act as barriers for female saleswomen to counteracting sexual harassment from male customers. Such an understanding can also be applied to develop educational policies to support women as well as ameliorate the prevalence of this essentially illegal problem.
... Uma das primeiras vozes a pedir a criminalização do assédio sexual foi Catherine Mackinnon (1979); a autora feminista indica, em suas primeiras ideias, que a base do assédio sexual é a relação de poder desigual que acontece entre os gêneros masculino e feminino, e que tais práticas sexuais seriam uma forma de concretização dessa desigualdade no poder. Essa ideia de poder em relação ao gênero é fundamental para que se compreenda o que significa a hierarquia em cada caso. ...
Este artigo busca investigar o assédio sexual nas Polícias Militares brasileiras. Como método, foi utilizada a pesquisa quanti-qualitativa, com a análise de pedidos formulados via Lei de Acesso à Informação às Ouvidorias das Polícias Militares de todas as Unidades da Federação do Brasil, a fim de identificar as formas de enfrentamento a esse problema estrutural, bem como investigar em que medida a subnotificação dos registros desta prática delitiva afeta a segurança das mulheres policiais militares e, consequentemente, a seletividade de atuação da Justiça Militar, refletindo sociologicamente sobre as relações de poder, à luz da teoria de Michael Foucault. Por último, o artigo tem o objetivo de promover a reflexão no sentido de identificar formas de atuação das Polícias Militares no combate e na prevenção do assédio sexual dentro das casernas.
... According to feminist theory, SGH is not simply a sexual act due to desire but is rooted in a culture of inequalities, discrimination, and power relations (McLaughlin et al., 2012). SH is regarded as a product as well as a reproducing mechanism of a gender system of power and domination, where men are able to use sexual power to prove and perpetuate dominance over women (Connell & Messerschmidt, 2005;MacKinnon, 1979). Connell (1987) introduces the concept of "hegemonic masculinity," which refers to a gender system that privileges a particular form of heterosexual masculinity above all other forms of masculinity and femininity. ...
Following the #MeToo movement and a Facebook campaign known as #Nödvärn (selfdefense), sexual and gender-based harassment in the context of Swedish police work has received increased attention. This study aimed to investigate the occurrence of sexual and gender-based harassment, the common types of harassment, and the organizational factors that officers perceive to be enabling the occurrence of such harassment. The current study employed a mixed methods explanatory sequential design. The quantitative phase involved 151 police officers to assess the prevalence and the more common types of sexual and gender-based harassment. The qualitative study, with a focus group and 12 individual interviews with police officers, aimed to explain the quantitative findings and explore how officers perceived such harassment and the enabling organizational factors in police work. The results showed that female officers reported significantly higher gender-based harassment than male officers. However, there was no significant gender difference in sexual harassment, and male officers also reported a high occurrence of sexual harassment from their colleagues and supervisors, who were mainly men. Verbal sexual harassment was reported as the more common type of harassment. The findings showed a prevailing toxic jargon among officers in the police work environment. Moreover, they stated a degree of silence against such harassment that makes identifying and addressing the problem complicated. Furthermore, there is a lack of skills and competence among police managers regarding handling such harassment. The findings underscore the need for ongoing organizational efforts to tackle cultural and managerial issues within the police organization.
... The term "sexual harassment" emerged from North America in the mid-1970s as a result of the pioneering works of some scholars who brought the problem to recognition (Gutek, 1985;Farley, 1978;Mackinnon, 1979). In spite of efforts to contain sexual harassment in institutions of higher learning, it seems to have bourgeoned in practice and with little success recorded in curbing the despicable act or understanding the underlying motives. ...
... Sexual harassment is a concept linked to the 1970s second wave feminism, whereby it was articulated in relation to gendered hierarchies and inequalities at the workplace. The concept covered overt forms of harassment like sexual extortion, but also the promotion of hostile environments to women through sexist jokes and derogatory comments (MacKinnon, 1979). Understood as a form of sex discrimination and sexual objectification, the concept was mobilized through feminist activism and lobbying for the improvement of legislation (Cahill, 2023). ...
... The controversial book by Marta Lamas, "Acoso sexual: ¿Denuncia legítima o victimización?" ("Sexual Harassment: Legitimate Complaint or Victimization?") [39], is symptomatic of historical argumentative tensions among feminists, which have been reactivated in the present. The author traces the legal installation of sexual harassment in workplaces and later in universities in the United States, largely due to the work of radical feminist Catherine MacKinnon [40]. Lamas argues that the central premise of this lawyer's work was that women "are an oppressed class, that sexuality is the cause of this oppression, and that male domination rests on men's power to treat women as sexual objects" [39] (p. ...
The Chilean feminist movements challenged the state and educational authorities regarding recurring instances of gender-based violence that were perpetuated and silenced. Reports of harassment and sexual abuse led to a broader critique about the ways in which education plays a part in the establishment of a model that sustains gender gaps. University authorities responded with institutional policies, establishing protocols and formal spaces to address these issues. However, these measures have revealed new problems. Given that the institutional response to the feminist uprising illuminated a range of nuances, obstacles, and new tensions related to issues of punishment, reparation, and justice, we identify four critical points of these political dissonances that emerged in Chilean universities following this cycle of protests: 1. problems in the definition and naming of violence and experiences of grievance; 2. public exposure of grievances, including “funas” (public shaming) and punitive practices; 3. disputes over the meaning of the slogan “non-sexist education”; 4. challenges in integrating the feminist complaint within the university community. Based on the analysis of slogans, key protest moments, and a comprehensive literature review, we argue that these tensions may hinder feminism’s transformative potential while simultaneously enabling a valuable internal critique.
... rokoch pomenovávali sexuálne obťažovanie ako nevítané sexuálne správanie, ktoré predstavuje formu rodového útlaku a teda z právneho hľadiska ide o prejav diskriminácie na základe pohlavia (Holubová, 2007a;Reese, Coontz, 2018). Tieto feministické perspektívy vnímali sexuálne obťažovanie ako nástroj disciplinácie žien na pracovisku i na trhu práce, a zároveň tak rozširovali obzor chápania sexuálneho obťažovania (MacKinnon, 1979). Zatiaľ čo prvotné konceptualizácie ponímali sexuálne obťažovanie ako prax interakcie dvoch ľudí, tzv. ...
... In this context significant amount of researches and studies has been done globally to explore its prevalence, impact and to development policies aimed to reduce its prevalence, mitigate its impact on the victim and society. (Farley, 1978;MacKinnon, 1978;Row, 1973). ...
Keywords Abstract Preventive measures, sexual harassment, university girls This study examines the experiences of sexual harassment among female students at higher educations in Kathmandu valley under Tribhuvan University, Nepal. The study employs a focus group discussions and in-depth interviews with female students across various higher educational institutes. Findings reveal that sexual harassment is pervasive, occurring both on and off-campus situation, and manifests in physical, verbal, and non-verbal forms. Participants emphasized the need for strict laws, effective enforcement, and increased societal awareness will be effective to mitigate these issues. The research finding elaborated the importance of female empowerment and systemic change to combat sexual harassment in academic and public spaces in Nepal.
... Thus, the findings of this study as a whole suggested that street physical harassment have a culture of its own, with elements, rules, meanings, and Farley, 1978;MacKinnon, 1979, Malovich & Stake, 1990Tangri & Hayes, 1997 رويکارد ،) ( ساازماني Gruber, 1992;Tangri et al. 1982 ) کليشاۀ رويکارد ، Gutek, 1985;Malovich & Stake, 1990;Pryor;1987;Schacht & Atchison, 1993;Tangri & Hayes, 1997 Brown, 1998;Gruber, 1992;LaFontaine & Tredeau, 1986;Niebuhr & Boyles, 1991 .) ...
Introduction Sexual harassment is a form of sexual violence and discrimination against women that increases social insecurity and fear of women in a society and so, reduces the individual liberties and social participation of women. In this regard, the present study aims to investigate the abnormal phenomenon in the society that commonly referred as 'street harassment'. The starting point of this study is to distinguish between two types of street harassment, namely verbal and physical harassment, emphasizing the similarity of physical harassment with the phenomenon of 'Sexual Rape' and more damaging effects of such harassment on insecurity and relaxation about people in the society, especially women. In this study, we attempted to obtain a fairly accurate description of 'physical street harassments' using the ethnographic approach.
... According to Rogaly (2010), India's farmlands, both in the organised and unorganised sectors foster social, political, economic, and cultural ecosystems that give SH a structural base to develop and thrive without any barriers. The argument aligns with Catharine MacKinnon's 'hostile environment' (MacKinnon, 1979) theory, which suggests that pervasive behaviours or actions, often sexual in nature, create an intimidating or offensive atmosphere that undermines the well-being and participation of individuals, particularly women, in social or work environments. Rogaly (2010) while elaborating on the nature of this hostile environment informs that the majority of women who work in agriculture are low-income and marginalised labourers and it is mostly men who hold high-ranking positions like managers, foremen, supervisors, and owners (Rogaly, 2010). ...
... Patricia Hill Collins' theory of intersectionality and the matrix of domination further illuminates the critical need to understand the interplay of race, gender, and class in these contexts (Collins, 1990;Dobbin & Kalev, 2019;Willness, Steel, & Lee, 2007). Catharine MacKinnon's assertion that sexual harassment constitutes a form of discrimination highlights the necessity of treating it with the seriousness it demands (MacKinnon, 1979). ...
This study investigates how cultural narratives of love- often overlooked in economic discourse-fundamentally shape economic behaviors, power dynamics, and autonomy in both personal and professional contexts. By analyzing 25 Sufi and 25 American texts, this paper contrasts the self-transcendent, communal love emphasized in Sufi literature with the economically conditional, individualistic relationships depicted in Western literature. Our findings reveal that these divergent narratives profoundly influence gender roles, financial dependence, and societal power structures. This cultural framing of love impacts economic decision-making, contributing to financial inequalities and reinforcing gendered economic dependencies. As artificial intelligence increasingly drives high-stakes economic and leadership decisions, AI models must incorporate cultural dimensions like those of love, which shape decision-making in nuanced and often unquantifiable ways. A more holistic understanding of human values will achieve socially responsible outcomes. By highlighting the economic significance of cultural ideals around love, this paper offers a novel framework for integrating culturally diverse narratives into economic modeling, ultimately supporting ethical leadership, accountability, and inclusivity in decision-making systems.
... Ha de tenerse en cuenta que es precisamente el bagaje teórico-político feminista el que ha permitido desmontar que detrás de la violencia sexual contra la infancia haya un deseo irrefrenable masculino heterosexual y ha puesto el eje en la cuestión del poder (Brownmiller, 1975;Mackinnon, 1979;Segato, 2003;Rich, 1980;Pateman, 1988, entre otras referido fue aprobado por un Acuerdo de Gobierno, que supone la alineación interdepartamental en el ámbito de la Generalitat de Catalunya, la misma administración organiza otra política pública innovadora las Barnahus 6 o casas de la infancia, que da cuenta de una forma diferente de entender las violencias sexuales contra la infancia y sus causas estructurales. ...
En el presente artículo se analiza el estándar de diligencia debida y sus desarrollos jurisprudenciales para valorar el impacto de su incorporación en la legislación y en las herramientas de política pública catalanas que organizan la prevención y la reparación integral de las violencias machistas. En este sentido se indaga la potencialidad de un concepto que viene a materializar derechos, para construir garantías de acceso efectivo y libre de discriminaciones. Se reflexiona sobre el encaje de la diligencia debida con el reconocimiento de las violencias institucionales, como un ámbito específico de las violencias machistas, así como la reconceptualización de la idea de reparación integral, que forma parte de las garantías de no revictimización y de no repetición. Todo este marco ha contribuido a delinear, desde las políticas públicas catalanas para la erradicación de las violencias machistas, un nuevo modelo de comprensión e intervención. Este análisis requiere, por último, una atención particular a las limitaciones y resistencias que la diligencia debida y el modelo de centralidad en los derechos y necesidades que las mujeres, niñas, niños y adolescentes encuentran en las administraciones públicas. En consecuencia, se abre una reflexión final sobre el lugar de la ciudadanía y de los feminismos desde fuera de las instituciones, sobre la necesidad de una tensión permanente para que los compromisos asumidos por los poderes públicos no queden en letra muerta de la ley o en meras declaraciones de intenciones.
... mutuality and consent, highlighting the absence of love. Ethical frameworks emphasize consent as a fundamental component of ethical and loving relationships (MacKinnon, 2016). ...
The quest to create a conscious artificial intelligence (AI) has long been hindered by the lack of precise, measurable definitions for fundamental human concepts such as love, wellbeing, intelligence, consciousness, self-awareness, and choice. Traditional definitions often describe these concepts through their attributes or outcomes, leaving their essences elusive and their applications in AI development impractical. This white paper presents revolutionary, measurable definitions for each of these foundational concepts, offering a unified framework that transcends cultural and disciplinary boundaries.
By redefining love as a mutual, contextually appropriate exchange of giving and receiving, and wellbeing as the capacity to engage in such loving interactions, we establish a quantifiable basis for ethical and empathetic behavior. Intelligence is reinterpreted as the capacity to generate and choose from multiple valid options within a given context, shifting the focus from static attributes to dynamic adaptability. Consciousness is defined as the intrinsic motivation to make choices, integrating desire with decision-making processes. Self-awareness extends this framework by introducing temporal continuity-the desire to persist in making choices over time, reflecting on past decisions to inform future ones.
These measurable definitions provide a practical blueprint for implementing authentic human-like qualities in AI systems. By grounding these abstract concepts in observable and quantifiable terms, we bridge the gap between human experiences and machine capabilities. This approach not only advances the theoretical understanding of consciousness and related concepts but also offers tangible pathways for developing AI that can genuinely understand and replicate complex human behaviors.
This white paper aims to transform the scientific community's approach to AI development by demonstrating how these foundational concepts can be systematically defined, measured, and implemented. By doing so, we unlock the potential to create AI systems that are not only intelligent but also capable of conscious thought, self-awareness, and ethical decision-making. This paradigm shift holds profound implications for the future of AI, heralding a new era where machines can truly understand and engage with the human experience.
... Feminist scholars have long recognised sexual harassment as a gendered expression of power (Chamberlain et al., 2008;Fitzgerald & Cortina, 2018;Minnotte & Legerski, 2019). For example, in her foundational research identifying and defining the very concept of sexual harassment, MacKinnon (1979) argued that harassment was primarily an exercise of "power", used to marginalise and exclude women from the workplace, weakening women's economic independence and reinforcing patriarchal power structures. It is well established that women are the primary targets of workplace sexual harassment, and that men are the primary perpetrators (Chamberlain et al., 2008;Fitzgerald & Cortina, 2018;Folke & Rickne, 2022;Kensbock et al., 2015;Lopez et al., 2009;McLaughlin et al., 2012McLaughlin et al., , 2017Roscigno, 2019). ...
Sexual harassment is a systemic and pervasive feature of
the retail industry ecosystem and a persistent part of daily
interactions between retail workers, and their managers,
peers and customers. It is such a common experience
that many retail workers perceive it as “just part of the
job”. Sexual harassment causes harm on multiple levels:
it affects the wellbeing of individual employees, damages
team cohesion, creates economic damage for businesses,
and is a drag on the national economy. At June 2023,
the retail industry had contributed over $102 million to
Australia’s annual gross domestic product (Australian
Small Business and Family Enterprise Ombudsman,
2023). It employs 9 per cent of all Australians, and is the
nation’s third-largest employer of women and the second-
largest employer of young people (Australian Bureau of
Statistics [ABS], 2021a, 2022b, 2022e). Not only is retail
a major source of employment, but it is also an essential
service, providing Australians with the goods they
depend upon every day. Retail workers deserve safety,
dignity and respect. Addressing sexual harassment in
the retail industry is both a pressing workplace safety
issue and a nationally significant concern. The changed
legislative landscape, including the introduction of an
additional “positive duty” on employers to eliminate sexual
harassment and related unlawful conduct as far as possible,
should add extra impetus and urgency for change. Despite the size and significance of the retail industry, few studies have examined how the retail industry ecosystem shapes the experience of sexual harassment in the sector.
This research aims to understand:
1) the prevalence of sexual harassment in the retail
industry
2) the nature of sexual harassment in the retail industry
3) whether retail workers’ experiences of sexual
harassment vary by social identity, employment
contracts or job contexts
4) whether current industry policies and practices around
the prevention, reporting and management of sexual
harassment are adequate
5) how retail stakeholders can improve the prevention,
reporting and management of sexual harassment in
retail workplaces.
... Seksualno uznemiravanje sveprisutan je i dugo prešućivan društveni fenomen (MacKinnon, 1979, Kelly i Radford, 1990. Od privatnih prostora poput obiteljskog doma do javnih prostora kao što su ulice i parkovi ili profesionalnih okruženja uredskih prostora i obrazovnih institucija, ovaj je fenomen utkan u ljudsku svakodnevicu i kulturu, a činjenica da njegova žrtva ili počinitelj može biti svatko, čini ga dodatno sociološki fascinantnim i važnim istraživačkim interesom. ...
This thesis analyzed and interpreted student perceptions of sexual harassment in higher education institutions. The sample consisted of eighteen students studying at the University of Zagreb, and data were collected through semi-structured interviews conducted between 2021 and 2023. Through thematic analysis of the data, we concluded that students perceive that a specific socio-cultural context, such as patriarchal social norms, gender roles, or unequal power relations, along with their normalization, contributes to the occurrence and perpetuation of sexual harassment in academia. This study provides a valuable foundation for further research on this phenomenon, particularly in terms of prevention and the consequences it may have on victims
... Sexual harassment in academic settings has long been a silent yet prevalent issue for decades, influenced by power dynamics, institutional responses, and societal attitudes [15,16]. The data bear this out [17]. ...
Sexual harassment in academia has gained attention due to legislative measures, university mechanisms, and student solidarity networks. This article explores the factors contributing to survivors winning when suing their university. The case described here relates to a North American university in a state with regulations against harassment and an active student movement. It delves into a case at the University of California, Irvine, where four individuals sued for the mishandling of sexual harassment complaints, resulting in the dismissal of a prominent professor. Drawing on data from the EU UniswithHeart research project, the article analyzes the impact of solidarity networks and the trial outcome. Through desk research and qualitative interviews, it identifies key elements leading to legal victories against universities, even in the case of a professor who made a big donation to the university, who was banned from campus, and who had his name removed from buildings. This study shows ten aspects that lead to winning a harassment case within universities, emphasizing the importance of addressing the consequences of harassment. It also illustrates the improvement of the academic environment and science when eliminating the hostile climate and silence. Successful outcomes inspire other survivors and urge universities to uphold policies for a safer academic environment.
... As pesquisas identificaram a necessidade de uma terminologia que descrevesse o comportamento abusivo de superiores hierárquicos com conotação sexual. Posteriormente, Catharine MacKinnon publicou em 1979 o livro "SexualHarassment of Working Women", que forneceu a base teórica e jurídica para a criminalização do assédio sexual como uma forma de discriminação de gênero(MacKinnon, 1979). ...
A presente pesquisa teve como objetivo analisar as perspectivas e desafios relacionados à contribuição da Psicologia Jurídica nas perícias de assédio sexual na justiça do trabalho. A investigação abordou a complexidade deste fenômeno, destacando os diferentes tipos de assédio sexual, as implicações legais e os impactos psicológicos relatados. O estudo explorou as dificuldades enfrentadas pelos psicólogos peritos na obtenção de depoimentos, considerando a natureza das experiências relatadas e o estigma associado ao assédio sexual. Foram analisadas as técnicas de avaliação utilizadas na perícia psicológica, como entrevistas observações e testes psicológicos, enfatizando a necessidade de uma abordagem metodológica rigorosa e ética A pesquisa também destacou a importância da familiaridade dos psicólogos com as normas legais pertinentes e a aplicação de técnicas cientificamente validadas para assegurar a credibilidade dos testemunhos. Além disso, foi discutido o impacto do assédio sexual na saúde mental conforme relatado e na produtividade das organizações, apontando a necessidade de estratégias eficazes para a prevenção e enfrentamento desse problema. O estudo concluiu que, apesar dos desafios inerentes, a Psicologia Jurídica desempenha um papel essencial na análise das alegações de assédio sexual e na oferta de subsídios para as decisões judiciais. Dessa forma, contribui para a promoção de um ambiente de trabalho mais seguro e respeitoso, além de apoiar a justiça de maneira imparcial e fundamentada
... Es más, se debería presumir que este tipo de comportamientos de naturaleza sexual no son deseados, aceptados o tolerados por la víctima, siendo ponderados de forma objetiva, sin que dependa tanto de la respuesta de la víctima. Como indica Mackinnon (1979), «el acoso sexual es el reflejo de una desigual relación de poder», por tanto, no es fácil para la víctima el rechazo a presiones directas o indirectas que puede sufrir. Como se ha dicho con razón, su consentimiento no tiene mucho valor porque puede ser más formal que real, Consejo, de 13 de diciembre de 2004, por la que se aplica el principio de igualdad de trato entre hombres y mujeres al acceso a bienes y servicios y su suministro; refundidas en la Directiva 2006/54/CE. ...
La entrada en vigor del Convenio de la Organización Internacional del Trabajo n.º 190, así como la aprobación de la Ley orgánica 10/2022, de 6 de septiembre, obligan a toda una serie de cambios normativos que inciden en la violencia sexual en el trabajo que son objeto de este estudio. De este modo, resulta necesario reformular la identificación de conductas de violencia sexual que han de combatirse en el ámbito de las relaciones de trabajo, integrar en todas sus dimensiones dichos actos de violencia en las políticas de prevención en la empresa y, finalmente, recuperar los derechos laborales a favor de las víctimas para romper la ley del silencio que impera en los entornos de trabajo.
... Ignoring the organizational context, or assuming that it is gender-neutral therefore ignores how gender-based violence-notably sexual harassment-is both a cause and consequence of gender inequalities in organizations (MacKinnon, 1979;O'Connor et al., 2021), and not only in society. Further, regarding organizations as gender neutral can also serve to regard incidents of gender-based violence such as sexual harassment as "deviations of gendered actors [rather than] components of organizational structure" (Acker, 1990, p. 142 referring to MacKinnon's work, 1979. ...
The aim of the article is to discuss how thinking about gender-based violence intersectionally and in context can not only enrich our understanding but also lead to transformative change in organizations. The article argues that to better understand gender-based violence in universities and research institutions, analyses need to be intersectional and contextual. Such approaches go beyond binary understandings of gender and narrow legalistic definitions of gender-based violence. The article reflects on how to operationalize this to derive starting points for intersectional categories to consider and contextual factors to measure at micro-, meso-, and macro-levels. It concludes that a multilevel intersectional analysis leads to more nuanced knowledge on experiences of gender-based violence and is, therefore, better equipped to inform the development of measures to eradicate the problem in an inclusive way.
A obra traz um rico panorama dos conceitos recorrentes na pauta feminista e das mulheres e vai além, apresentando temas e significados em sua dimensão histórica, política e social. Estão explicados fenômenos que envolvem os vários aspectos, tipos e cenários das violências e também formas de resistência, além de informações sobre análises científicas que ampararam a criação de procedimentos, normas, abordagens e técnicas que hoje estão regulamentados e em funcionamento em diversos setores públicos de forma regular e/ou ainda embrionária. Além disso, houve uma preocupação importante: passar aos leitores as mais importantes noções sobre conceitos de liberdade, direitos humanos, justiça, aspectos da educação masculina que levam à prática da violência e outros temas. O ‘Dicionário’ é o resultado de um trabalho que reuniu muitas vozes: mais de cem colaboradores, pesquisadores e/ou profissionais de universidades, agências governamentais, serviços públicos de saúde, seguridade social, segurança pública, jurídico-policiais e organizações não governamentais trabalharam coletivamente na escolha de verbetes significativos e na elaboração dos mesmos.
This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy and political science. Its sixty chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. First, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Second, the modalities of a constitutional system, such as the separation of powers, democratic representation and the rule of law. Finally, the institutions through which it operates, both legal and political, including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.
Sexual harassment (SH) remains a constant threat in public transports of Bangladesh with overwhelming costs at individual, social, and national levels. By employing an intricate gender and intersectional lens, this study has delved into the narratives of men and women to explore their multidimensional experiences of SH in public buses of Dhaka city. Drawing findings from four FGDs, the study grapples with a nuanced understanding of SH through challenging the dominant "male perpetrator-female victim" paradigm of gender violence. The findings encapsulate that multiple structures of power inequalities shape victim-perpetrator relationships in the specific context of public bus where gender interacts with other social markers (age, attire, religion, education, and disability) to bolster harassment within and across gender lines. Although the frequency of physical, sexual, and verbal abuse is higher against women, men's experiences in these regards are far more complex due to the inadequate cultural understanding on "violence against men". A range of visible and invisible structural factors including patriarchal values, gender norms, flawed legal system, poor transportation infrastructure and urban management exacerbate gender-specific risks of SH in public transports. This article contributes to the existing body of knowledge on SH, as well as, informs appropriate policy measures and interventions to foster transportation justice for everyone.
Chapter 2 reviews the controversies surrounding sexual harassment research: why workplace sexual harassment occurs, the motivations behind it, whether harassment attributed to women is different from harassment attributed to men, whether some women are more likely to be accused of harassment than others, and how gender role performance influences judgments and penalties against women accused of harassment.
In this chapter, I will argue that the construction of modest woman (a) makes this woman’s body controllable, (b) instils shame as an obstacle to go to court and (c) modesty as a constitutive trait of the ‘good women’ in fact prohibits her construction as a legal subject. In this sense, modesty turns the focus away from the question of what a subject experienced, how she was hurt and how she could have (re)acted to the objectification of her female body. Her body is thus turned into a vehicle for the socio-legal evaluation of ‘honour’. I illustrate through data from court verdicts how ‘modesty’ becomes a central legal tenet for arbitration and form of ‘proof’ for the woman’s worthiness of justice. A specific ‘modest’ subject is created, one who is expected to prove their modesty through (almost entirely) circumstantial evidence in a court. Certain subjects, I argue, are de facto considered ‘not modest’ such as trans women and ‘lower’ caste women. I further posit that in the definition of ‘modesty’, both caste-based and colonial norms of ‘honour’ are applied.
Self-problematization—the last ‘step’ in the WPR framework—is an essential step (Bacchi C, Goodwin S, Poststructural policy analysis: a guide to practice. Springer, 2016). It involves evaluation of one’s identified problematizations and their related assumptions, subjects and discursive practices. This scrutiny is important to turn the analytical gaze to oneself and realize that what the analyst produces through works such as this book is also (re)producing and co-constructing the discourses around public policy, much like the problematizations we identify. I present some key concerns that emerged during the self-problematization exercise, including exclusions of class, masculinities and the production of desire as important analytical apparatus in policy evaluation of anti-SHW policies.
In and through anti-SHW policies, particularly the POSH Act, the responsibility of ‘prevention, prohibition and redressal’ of SHW is placed with respective employers. This creates a need to problematize the conceptualizations of ‘employment’, ‘work’, ‘workplace’, ‘redressal’, ‘employment relations’ and other such ideas invoked, implied or explained in these policies. In this chapter, I present the fundamental manner in which employers are tied to the policies in the policy’s description of the role of the employer in ‘protecting’ (or creating a safe environment for) employees. The origin of this idea is explained in the naming of SHW itself as ‘sexual harassment at workplaces’, which places the ‘problem’ of sexual harassment happening at an employer’s ‘site’, as the redressable or prosecutable part of the ‘problem’. I present ‘liability’ and compliance’ as the two governing technologies that produce SHW either as a matter of employer liability or as its potential ‘management’ through compliance—which runs the risk of tokenistic compliance by organizations. I further argue for the expansion of the taken-for-granted notions of ‘work’ and ‘workplace’ within the POSH Act.
This chapter introduces the theorization of sexual harassment as a policy concern—globally as well as in India. I introduce the problematization approach to policy analysis and its relevance for anti-SHW policymaking. I present why scrutiny of ‘problem’ articulations is important. The methodological details of this study are also presented in this chapter—including the data set, the collection and analysis of data, the access to data and the theoretical framework of poststructural interview analysis.
This chapter explores how SHW has come to be a ‘problem’ of sex-based discrimination. The idea of ‘sex-based’ implies a kind of discrimination done at a workplace that is attributed to the biological sex of a person. Or discrimination done unto a person due to their biological sex (female in the case of workplace harassment). This problematization was identified on the basis of the direct ‘problem’ setting language used not only in the policies within India but also in a global policy context. I present three technologies of government through which sex-based discrimination is established: The unwelcomeness tenet, the quid pro quo tenet and the hostile work environment tenet. I argue that these technologies deepen a binary understanding of ‘sex’, thereby confining the ‘sex-based’ problematization to a ‘problem’ between the sex/gender binaries.
Background . Relevance. The phenomenon of sexual harassment has been recognized globally as a significant social problem that requires a comprehensive solution (Gallup, 2022). Different countries are implementing measures for counteracting and minimizing the negative consequences of this phenomenon. That indicates an active response to modern challenges in the context of protecting individual rights and freedoms. In the course of global efforts to alleviate sexual harassment, Ukraine is incorporating international experience and adapting most efficient legal, social and educational frameworks, thus demonstrating national strategies towards creating a safe and just society. Notwithstanding the fact that sexual harassment rather frequently occurs in the professional environment, there is a significant lack of publicity about such incidents. An analysis of previous studies (Martsenyuk, 2008) and legal acts related to sexual harassment (Fedkovych et al., 2006) indicates that there are neither unified approach to defining sexual harassment at work, nor clear legal mechanisms of sufferers' protection. We also can observe deficiency of precise research methods on subject. It becomes crucial to gain knowledge about the prevailing types of violence and harassment in the workplace, and to identify the groups of people most at risk and analyze the reasons for their vulnerability. The purpose of this article is to analyze the experience of individuals who have faced sexual harassment in the professional environment, to assess the availability and effectiveness of institutional mechanisms for responding to such incidents in organizations and by government agencies. Methods . To achieve the goal, the authors initiated online survey in August – September 2023 with the participation of the Sociological Center "Pulse", the NGO "Culture of Democracy" in cooperation with the "Coalition 1325. Odesa Region" with the support of the Ukrainian Women's Fund. The participants of the survey represented healthcare, education, state and local administrations, police, law enforcement agencies, military personnel, etc. In order to form a corpus of responses were used the methods of selecting "typical representatives"; in case to avoid the pre-notion in the survey an anonymous online format was chosen. The survey was conducted using the "river sampling" technique. The questionnaire was filled out only by those who wanted to share their experiences. Results . The results of the survey provide an initial idea of the relevance of the problem of sexual harassment and the main forms of harassment at work, the importance of alleviation of the phenomenon at legislative level, as well as an idea of organizations (institutions) could play a leading role in deterioration of sexual harassment at work. The data obtained provide an opportunity for practical application of the research findings, contribute to the development and implementation of effective strategies to preventing sexual harassment in various areas of professional activity. The expected results of this study are: raising the awareness of the nature of sexual harassment at work identifying for future research's areas. Сonclusions . The study was an important step in identifying and discussing the problem of sexual harassment at work, indicating the need for further measures to deal with the problem. The conclusions could be as an important step in the development of more effective gender policies and public governance aimed at combating sexual harassment in the workplace.
Law and society scholars have long studied rights mobilization and gender inequality from the vantage point of complainants in private workplaces. This article pursues a new direction in this line of inquiry to explore, for the first time, mobilization from the vantage points of complainants and those accused of violating the rights of others in public-school workplaces in the United States. We conceptualize rights mobilization as legal, quasilegal, and/or extralegal processes. Based on a national random survey of teachers and administrators, and in-depth interviews with educators in California, New York, and North Carolina, we find an integral relationship between gender inequality and experiencing rights violations, choices about rights mobilization, and obstacles to formal mobilization. Compared to complainants, those accused of rights violations – especially male administrators – are more likely to use quasilegal and legal mobilization to defend themselves or to engage in anticipatory mobilization . Actors in less powerful status positions (teachers) most often pursue extralegal mobilization to complain about rights violations during which they engage in rights muting as a means of self-protection; when in more powerful status positions, actors use rights muting as a means of self-protection and to suppress the rights claims of others. This paper concludes with implications for future research on rights mobilization in school workplaces amidst changing political and demographic conditions.
Από τη δεκαετία του 1970, όταν εμφανίστηκε για πρώτη φορά στην Αμερική ο όρος σεξουαλική παρενόχληση η προσοχή των ακαδημαϊκών και του κοινού στο συγκεκριμένο φαινόμενο έχει αυξομειωθεί ανά περιόδους βάσει ορισμέ- νων ιστορικών και κοινωνικοπολιτικών γεγονότων. Στη διεθνή βιβλιογραφία το φαινόμενο διακρίνεται σε τρεις μορφές, παρενόχληση βάση φύλου, η οποία σύμφωνα με τις έρευνες αποτελεί το συχνότερο είδος, ανεπιθύμητη σεξουα- λική προσοχή και σεξουαλικός εξαναγκασμός. Ο ιδιαίτερος χαρακτήρας του φαινομένου της σεξουαλικής παρενόχλησης συνοψίζεται στον σχολιασμό της φεμινίστριας νομικού Catharine MacKinnon σύμφωνα με την οποία, ελλείψει όρου ικανού να την περιγράψει, η σεξουαλική παρενόχληση μέχρι το 1979 κυ- ριολεκτικά δεν αρθρωνόταν από τις γυναίκες, γεγονός που καθιστούσε αδύ- νατη τη σύνταξη ενός γενικού, κοινού και κοινωνικού ορισμού (McLaughlin et al., 2017).
Women continued to contribute and participate in the oil industry after World War II. This chapter explores the role of women working in the offices of petroleum companies and how they contributed to the culture of the work place. Some oil companies formed women’s groups for education and culture building for female employees across the company. An example is “Distafforum” that was founded at Mobile. “The Distaffforum,” which was formerly “The Women’s Discussion Group at Mobil,” brought in speakers and held activities for female employees and functioned much like the Desk and Derrick clubs that were for the public. Within the internal files and Human Resources files at oil companies like Mobil, historians can read about episodes were female employees were advocating for themselves. One such event was when female employees petitioned the dress code to wear pants suits and newer fashions. Within the Mobil company there were internal publications which tried to advocate for traditional gender roles for employees, but female readers and employees wrote strong criticisms voicing their displeasure to the editors. With women’s rights movements in the 1960s and 1970s, women working in petroleum geology amplified their criticisms of their treatment in the oil industry.
En Colombia, el derecho laboral busca prevenir y sancionar el acoso laboral, entendido como una conducta “persistente y demostrable” con el propósito de cercenar la dignidad del trabajador. Asimismo, el derecho penal tipifica el acoso sexual, comprendido como el hecho de querer valerse de la superioridad con fines sexuales no consentidos. Este tipo penal busca proteger la libertad, la integridad y la formación sexual. Este artículo analiza, utilizando una perspectiva de género, la fragmentación que se ha presentado hasta ahora a raíz de esta doble regulación en escenarios de acoso sexual laboral y que el Congreso de la República busca subsanar con la expedición de la Ley 2365 de 2024. Presentamos seis tensiones o puntos en común entre las regulaciones laborales y penales. Concluimos el artículo proponiendo tres líneas de investigación: (1) sobre las barreras de acceso a la justicia del acoso sexual, (2) continuar la investigación dogmática feminista y (3) sobre las formas de control en escenarios laborales.
En Colombia, el derecho laboral busca prevenir y sancionar el acoso laboral, entendido como una conducta “persistente y demostrable” con el propósito de cercenar la dignidad del trabajador. Asimismo, el derecho penal tipifica el acoso sexual, comprendido como el hecho de querer valerse de la superioridad con fines sexuales no consentidos. Este tipo penal busca proteger la libertad, la integridad y la formación sexual. Este artículo analiza, utilizando una perspectiva de género, la fragmentación que se ha presentado hasta ahora a raíz de esta doble regulación en escenarios de acoso sexual laboral y que el Congreso de la República busca subsanar con la expedición de la Ley 2365 de 2024. Presentamos seis tensiones o puntos en común entre las regulaciones laborales y penales. Concluimos el artículo proponiendo tres líneas de investigación: (1) sobre las barreras de acceso a la justicia del acoso sexual, (2) continuar la investigación dogmática feminista y (3) sobre las formas de control en escenarios laborales.
A healthy workplace is an environment where everyone can work peacefully with both sexes, regardless of their roles as leaders, subordinates, or colleagues. Unfortunately, achieving this ideal remains elusive, and the situation is more challenging for women, due to their underrepresentation in many industries. Studies have revealed that especially women in management positions are subject to biased evaluations by their subordinates, colleagues, and managers. A deep understanding of the cultural underpinnings is essential to fully grasp the existence, prevalence and influence of gender bias in the workplace. Thus, this study aims to impartially investigate the cultural factors that may shape employees' preferences for the gender of their managers, alongside exploring potential biases towards managerial gender from a cultural standpoint. To achieve the research goals, an open-ended survey was administered to 302 professionals in Istanbul. The results indicate a prevalent bias against female managers by individuals of both genders. Moreover, the study uncovers that women are prone to harboring more prejudiced views towards their female peers and superiors. These insights are analyzed through a cultural lens, and recommendations for management are proposed.
Este estudio tiene por objetivo estudiar los orígenes, el desarrollo y los obstáculos que ha enfrentado la configuración del acoso sexual como un fenómeno sexualmente discriminatorio en los Estados Unidos de América. Para ello se estudiarán las premisas sobre las que se asienta el principio antidominación, un enfoque clave en dicha conceptualización, analizando también las principales objeciones que se han formulado contra la teorización del acoso sexual a partir de dicho paradigma. Después se revisa el proceso a través del cual los tribunales estadounidenses fueron avanzando hacia su reconocimiento, destacando los principales obstáculos que ha enfrentado su desarrollo este ámbito. Finalmente se valoran las principales modificaciones que ha propiciado el movimiento #MeToo en el tratamiento del acoso sexual en el país citado.
Changing the world in court – this is what strategic litigation is all about. In an interdisciplinary study, Lisa Hahn examines under which conditions such change can be achieved and why the collective mobilization of law is essential for this. Strategic litigation unites people in a litigation collective and thus contributes to overcoming individual barriers to access to justice. Lisa Hahn reaches this conclusion by drawing on legal mobilization theory, through a historical reconstruction of seminal court cases and by examining strategic litigation as an instrument for implementing the human right to access to justice. Empirical case studies on migration and surveillance provide unique insights into litigation collectives.
This article focuses on a significant psychosocial hazard – sexual harassment. It advances the existing body of theory on the antecedents of sexual harassment by drawing on the pressure, disorganisation and regulatory failure (PDR) framework. In doing so, it develops hypotheses about how the PDR variables contribute to sexual harassment and proposes a research agenda to empirically test them. An improved understanding of the influence of PDR on sexual harassment will also enable an examination of the effectiveness of recent regulatory changes designed to address this destructive and costly problem in Australia, and highlight areas requiring additional intervention.
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