Sexual Harassment in the Workplace: How Arbitrators Rule

Nowlin, William A.
December 1988
Arbitration Journal;Dec88, Vol. 43 Issue 4, p31
Academic Journal
This paper briefly addresses the regulatory framework that governs sexual harassment on the job and reviews survey research and Equal Employment Opportunity Commission complaints. An analysis of sexual harassment cases in arbitration is approached from two perspectives: first, those cases brought y victims; and, second, just cause cases brought by the alleged offender. The findings indicate that victims as grievants have difficulty meeting their burden of proof, that arbitrators do not sustain discipline for sexual harassment stemming from consensual relationships that sour, and that arbitrators are sensitive to victims charged with misconduct when the charge arose from the repulsing of a sexual harasser. The findings also indicate that arbitrators sustain discipline short of discharge for workers accused of creating a hostile and intimidating work environment, and that arbitration almost always sustain discipline for sexual harassment that includes unwanted and unwelcome physical contact.


Related Articles

  • Experimental Evidence of Gender Effects in Arbitration Decisions. Oswald, Sharon L.; Caudill, Steven B. // Employee Responsibilities & Rights Journal;Dec1991, Vol. 4 Issue 4, p271 

    The study investigates arbitrator gender and arbitrator-grievant gender effects on the decisions of 146 arbitrators rendered on a hypothetical sexual harassment case. Gender was not found to have a statistically significant effect on the decisions examined. However, other characteristics of the...

  • Female Executives' Experiences of Contrapower Sexual Harassment From Male Subordinates in the Workplace. Fayankinnu, Emmanuel Abiodun // Sociology Study;May2012, Vol. 2 Issue 5, p315 

    This paper examines female executives' experiences of contra-power sexual harassment (CPSH). One hundred and fifteen respondents, consisting of 67 female executives and 48 male subordinates, were purposively selected. Both quantitative and qualitative data were utilized. Female executives...

  • Sexual Harassment! Strate, John M.; Tae Hwa Jung; Leidlein, James // Public Integrity;Winter2009/2010, Vol. 12 Issue 1, p61 

    For public employers, taking steps to prevent sexual harassment, and dealing with it appropriately when it does occur, has become a high priority. Two cases decided by the Supreme Court in the late 1990s (Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth) held an employer...

  • sexual harassment.  // Taber's Cyclopedic Medical Dictionary;2005, p1982 

    A definition of "sexual harassment" is presented. It refers to unsolicited and unprovoked mental or physical sexually oriented advances or innuendos. There are two types of sexual harassment, quid pro quo in which employment or advancement can be continued by compliance with a harasser's wishes,...

  • Court issues ruling on hostile work environment. Greenwald, Judy // Business Insurance;11/06/2000, Vol. 34 Issue 45, p32 

    Focuses on a court ruling in San Francisco, California which stated that a single, isolated sexual harassment episode that is promptly addressed by an employer does not support a hostile work environment claim. Case background; Suggestion that an employer's effort to educate its employees...

  • EU pushes 'equality plans' Higginbottom, Karen // People Management;5/2/2002, Vol. 8 Issue 9, p7 

    Focuses on sexual harassment issue in the workplace in Great Britain. Information on a directive on sexual harassment; Gender differences in the prevalence of sexual harassment.

  • The Impact of the Proportion of Women in One's Workgroup, Profession, and Friendship Circle on Males' and Females' Responses to Sexual Harassment. Goldberg, Caren B. // Sex Roles;Sep2001, Vol. 45 Issue 5-6, p359 

    Presents information on a study that investigated the role of different gender contexts and their interactions on responses to sexual harassment. Methodology of the study; Results and discussion on the study.

  • European Commission: New proposals on sexual harassment.  // Women's International Network News;Autumn96, Vol. 22 Issue 4, p71 

    Presents the European Commission's proposals for dealing with sexual harassment. Appointment of counsellors in medium-sized companies as part of measures to combat sexual harassment in the workplace; Negotiation of a collective agreement on sexual harassment at work; Appointment of a senior...

  • Sexual Harassment in the Global Workplace: Attitudinal, Behavioral, and Cultural Considerations. Silver, Lawrence S.; Valentine, Sean R. // International Journal of Management;Dec2000, Vol. 17 Issue 4, p494 

    Reviews the literature on sexual harassment and defined what is generally considered inappropriate sexual behavior in the workplace. Sexual harassment and sex role stereotyping; Global considerations on the issue; Conclusions and implications for further research.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics