Lesson 21 | UNDERSTANDING SEXUAL HARASSMENT Lesson Objectives: sn Sexual Harassment. Also, This module explains the various theoretical perspectives 0} al sment in the academe and this module discusses the laws of the Philippines on Sexual Haras: in the workplace. At the end of this module, you are expected to: i i ent; 1. understand fully the various theoretical perspectives on Sexual Harassm. js h 2. distinguish the various theoretical perspectives on Sexual Harassment from eac other, and 3. understand the laws of the Philippines on Sexual Harassment in the academe and in * the workplace. Din aL Tea Introduction Sexual Harassment Harassment and sexual harassment are recognized as a form of discrimination on the grounds of sex and, thus, are contrary to the principle of equal treatment between men and women (Numhuser-Henning and Laulom 2012). Like many other crimes, sexual harassment is ll about power, control, and domination. International Labor Organization (ILO) (2001) defined sexual harassment as a sex-based behavior that is unwelcome and offensive to the recipient. Thus, sexual harassment is not merely a problem of safety and health and unacceptable working conditions, but is also @ form of violence primarily against women (ILO 1992). In the Philippines, Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995” defines work, education-,or training related sexpal harassment is committed by an employes employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence, or moral ascendancy ovef another in a work or training or education environment, demands, requests, or otherwise ‘ACourse Module for Gender and Society: A Human Ecological Approachjires any sexual requires any sexual favor from the other, regardless of whether the demand, request, oF requiement for submission is accepted by the object of said Act. THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT 7 Sexual harassment cannot be understood from the perspective of a single theory, but itis always a combination of different predictors. Previous researchers have looked at sexual harassment using a number of frameworks including organizational approach, feminist theory, role theory, and attributional models of sexual harassment. However, all these models share common basic assumptions and can be labelled as socio-cultural models of sexual harassment (Sheets and Braver 1999). However, there have been five widely accepted theories of sexual harassment that attempt to explain the phenomenon from different angles and perspective, to wit: 1, Natural/Biological Theory According to this model, men have stronger sex derives, and are therefore, biologically motivated to engage in sexual pursuit of women. Thus, the harassing behavior is not meant to be offensive or discriminatory, but is merely the result of biological urges. Its assumptions include a natural, mutual attraction between men and women, a stronger male sex drive, and men in the role of sexual initiators. A key strength of the natural/biological perspective is that it acknowledges the innate human instincts potentially driving sexually aggressive behavior (Tangri et al. 1982). 2. Sex Role Spillover Theory This theory is based on the proposition of irrelevant gender-based role expectations that individuals bring to the workplace in guiding their interactions with women. Men hold role perceptions of women based on their traditional role in our culture. When wont workplace, men rely on these gender-based ex en in their gender role over and above their work role. Therefore, heir experiences, including work experiences, and are | remarks or engage in sexualized behavior, thus en take jobs outside ofthese traditional areas to workin the male dominated pectations when interacting with women therefore, perceiving wom men are more likely to sexualize # therefore, more likely to make sexual accounting for the fact that women experience more sexual harassment than men (Barbara Gutek 1982). 3. Organizational Theory ory propose that one ofthe central concepts that helps to explain (Cleveland and Kurst 1993). This theory proposes that sexual portunities presented by power and authority relations Proponents of this th sexual harassment is power harassment results from the oP! ee which derive from hierarchical structures of organizations (Gruber 1992). This spective emphasizes that the structure of organizational hierarchy invests is pers Unit V:Politica-Legal Perspective in Gender and Sexualitythat can lead to abuse. Thus, sexual harassment js power in certain individuals over others, ; ‘ustains patriarchal relations. all about expression of male power over women that si 4. Socio-cultural Theory . . . ith in which Socio-Cultural theories examine the wider social and political context n sexual harassment is created and occurs. According to this perspective, sexual harassment is a logical consequence of the gender inequality and sexism that already exists in Society (Gutek 1985; Thomas and Kitzinger 1997). This theory asserts that women's lesser status in the larger society is reflected at the workplace structures and culture-thus, male dominance continues to be the rule. Herein, sexual harassment is only one manifestation of a much larger patriarchal system in which men are the dominant group reflecting the larger society's differential distribution of power and status between the sexes. The perpetrators of sexual harassment have no regard for women as an equal human being. Therefore, molesting women is a part and parcel of male idea of fun in the society. Feminist Theory According to the feminist perspective, sexual harassment is linked to the sexist male ideology of male dominance and male superiority in the society. Therefore, feminists’ theories view sexual harassmentas the product ofagender system maintained by a dominant, normative form of masculinity. Thus, sexual harassment exists because of the views on women as the inferior sex, but also sexual harassment serves to maintain the already existing gender stratification by emphasizing sex role expectations (Gutek 1985). Relevance of Sexual Harassment Theories ‘An interpretation of these theoretical perspectives reveals that both biologically, as well as socio- culturally, men happen to have always occupied a dominant position over women in societies, of which the workplaces are only a part. Considerable data have been accumulated confirming that harassment is widespread in both the public (Culbertson et al. 1992; Fitzgerald el al. 1997) and the private sectors and it has significant consequences for the employees’ health and psychological well-being (Fitzgerald 1993; Schneider et al. 1997). Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces and academe, where it is considered natural and normal for men to be responding sexually towards women as colleagues, subordinates, and superiors. A Course Module for Gender and Society: A Human Ecological ApproachPhilippine Laws on Sexual Harassment ‘Act No. 7877 o the Anti-Sexual Harassment Act of 1995 (RA 7877), is the © , or training-related sexual harassment. Republic governing law for work-, education- toca Legal Pespecivein GenderondSocatty ES Unit:Specifically, in a work-related or employment environment, sexual harassment js committed when: () The sexual favor is made as a condition in the hiring or in the employment , or in granting re-employment or continued employment of sai individu 5 said individual favorable compensation, terms of conditions, promotions, oF privileges; or the refusal to grant the sexual favor results in limiting, segregating, or classifying the employee which in any way would discriminate, deprive, or diminish employment opportunities or otherwise, adversely affect said employee; (2) ‘Theabove acts would impair the employee's rights or privileges under existing labor laws; or ) The above acts would result in an intimidating, hostile, or offensive environment for the employee. On the other hand, in an education or training environment, sexual harassment is committed: () against one who is under the care, custody, or supervision of the offender; (2) against one whose education, training, apprenticeship, or tutorship is entrusted to the offender; )_ when the sexual favor is made a condition to the giving of a passing grade, granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) when the sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice. Sexual Harassment in the Civil Service Sexual Harassment in the Civil Service is punishable by Civil Service Commission No. 01-0940, also known as Administrative Disciplinary Rules on Sexual Harassment Cases. “Here, sexual harassment can be committed at the following places: 1. _ inthe premises of the workplace or office or of the school or training institutio1 2. _ imany place where the parties were found, as a result of work or education or training responsibilities or relations; 3. at work-, education-, or training-related social functions; while on official business outside the office or school or training institution or during work-, school, or training-related travel; ‘[Link] Module for Gender and Society: A Human Ecological Approach5. at official conferences, fora, symposia, or training sessions; or 6. by telephone, cellular phone, fax machine, or electronic mail. The following forms of sexual harassment are committed thru:(1) Physical, (a) Malicious touching; (b) Overt sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as but not limited to, (a) requests or demands for sexual favors and (b) lurid remarks; (3) Use of objects, pictures or graphics, letters, or written notes with sexual underpinnings; (4) Other forms analogous to the foregoing, i 1V; Poliical-Legal Perspective in Gender and SexualitySummary ‘Sexual harassment constitutes an extremely important kind of violence which has been existing and rampant in the Philippines and worldwide. This complex concept consists of several theories and are punished by Philippine laws. The Philippine laws on sexual harassment punishes work-related, training, and education environment sexual harassment. It can happen everywhere. The acts of sexual harassment are also punishable by law. References http:/|www:[Link] Browne, K. R. (2006). Sex, power and dominance: The evolutionary psychology of sexual harassment. Managerial and Decision Economics, Vol. 27, pp 145-158. Cleveland, J. N. 8 Kurst, M. E. (1993). Sexual harassment and perceptions of power: An under articulated relationship. Journal of Vocational Behavior, Vol 42, No. 1, pp 49-67. Connell, R. W. (1987). Gender and Power: Society, the Person and Sexual Politics. Stanford: Stanford University Press. Connell, R. W. (1992). A Very Straight Gay: Masculinity, Homosexual Experience and the Dynamics of Gender. American Sociological Review, Vol. 57, pp 735-751: Connell, R. W. (2002). Gender. Cambridge: Polity Press. Culbertson, A. L, Rosenfeld, P, Booth-Kewley, S., & Magnusson, P. (1992). Assessment of sexual harassment in the Navy: Results of the 1989 Navy-wide'survey (Report No. NPRDCTR 92-1. San Diego, CA: Navy Personnel Research and Development Center. ‘The Paradox of Power. American Sociological Review, XX(X); pp 1-23. http:/idxdoi. org/t0.1177/0003122412451728 Farley, L. (1978). Sexual Shakedown: The sexual harassment of women on the job, New York: McGraw-Hill. Fitegerald, LF. & Shulman, S.L. (1993). Sexual harassment: A research analysis and agenda for the 1990s . Journal of Vocational Behavior, Vol. 42, No. 1, pp 5-27, Fitzgerald, L. F, Swan, S., & Magley, V. J. (1997). But was it really sexual harassment? Legal, behavioral and psychological definitions of the workplace victimization of women PEGE 4 course module for Gender and Society: A Human Ecological ApproachIn W. O'Donohue (Ed.), een Sexual harassment: Theory, research and treatment, pp 5-28. ber, JE. (1992). Graber) F. 1992) typology of personal and environmental sexual harassment Research and policy implications for the 1990s. Sex Roles, Vol. 26, pp 447-464- 5 J. Es . : Gules J r (2) The sexual harassment experiences of women in non-traditional jobs: sou s aie cross-national research, In Proceedings of the First National Conference on Sex and Power Issues in the Workplace. Bellevue, WA. Gutek, B. A. & Morasch, B. (1982). Sex-ratios, sex-role spillover and sexual harassment of women at work Journal of Social Issues, Vol. 38, No. 4, pp 55-74- Gutek, B. (1985). Sex and the workplace: Impact of sexual behavior and harassment on women, men and organizations. San Francisco: Jossey-Bass. "ILO (1993). A comprehensive women's employment strategy for Indonesia, Final report of an ILO/UNDP TSSI Mission, Bangkok cited by Date-Bah Eugenia (1997) in Promoting Gender Equality at work: turning vision into reality for the twenty first century. London: Zed Bks. MacKinnon, C. A. (1979). Sexual harassment of working women: A case of sex discrimination. Yale University Press. MeLaughlin, H., Uggen, C., & Blackstone, A. (2012). Sexual Harassment, Workplace Authority, and t Connell, RW. (1987).Gender and Power: Society, the Person and Sexual Politics. Stanford: Stanford University Press. Numhauser-Henning, A. & Laulom, S. (2012). Harassment related to Sex and Sexual Harassment Law in 33 European Countries. European Network of Legal Experts in the Field of Gender Equality: Discrimination versus Dignity. European Union. Schneider, K. T. & Swan, S. (1994). Job-related, psychological and health-related outcomes of sexual [Link] presented at the Symposium on Sexual Harassment. §. L. (1999). Organizational status and perceived sexual harassment: Sheets, V. L. & Braver, 1. Personality and Social Psychology Bulletin, Detecting the mediators of a null effec Vol. 25(9), PP 159°1171- Tangri, S.S., Burt, MR., &Jo models, Journal of Social Issues, imunal, A. (2000). A Guide to the Malaysian Code of Practise on Sexual ja Lumpur: Leeds Publication. nson, LB. (1982). Sexual harassment at work: Three explanatory Vol. 28, No. 4, PP 33-54. Tengku Omar & M: Harassment at Workplace. Kual Unit 1V:Political-Legal Perspective in Gender and Sexuality [EE