The objective prong in sexual harassment: What is the standard?
| Autor: | Richard L. Wiener, Trace C. Vardsveen |
|---|---|
| Rok vydání: | 2018 |
| Předmět: |
Adult
Employment Interview 050109 social psychology Social Environment Reasonable person Judgment Arts and Humanities (miscellaneous) Humans Interpersonal Relations 0501 psychology and cognitive sciences Objectification Social Behavior Workplace General Psychology 0505 law Social perception 05 social sciences Psychiatry and Mental health Sexualization Sexual Harassment Social Perception Vignette 050501 criminology Harassment Female Sexual objectification Psychology Law Social psychology |
| Zdroj: | Law and Human Behavior. 42:545-557 |
| ISSN: | 1573-661X 0147-7307 |
| Popis: | In Title VII sexual harassment jurisprudence, U.S. courts use a 2-prong subjective-objective test to determine the viability of a sexual harassment claim: The complainant must show that the employer's conduct was unwelcome and sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment because of the complainant's sex from both the complainant's perspective (subjective prong) and a reasonable person's perspective (objective prong). This online study used a diverse national sample (361 MTurk Community Members) to investigate whether people apply the objective prong in a uniform manner, as the law assumes, or show predictable differences. Participants read a vignette about a female interviewee's allegations of sexual harassment following from severe, mild, or no sexual objectification by a male interviewer during a job interview. The interviewee claimed that she was either harassed or not by the interviewer during the interaction, as well as claiming to enjoy or reject sexualization. Participants made judgments about whether the interviewer's behavior was sexually harassing from the interviewee's and a reasonable person's perspective. Overall, participants' sex and enjoyment of sexualization moderated their judgments of sexual harassment when considering the situation from both points of view, demonstrating that there is no convergence on a unified standard for evaluating whether specific behavior is sexually harassing. Drawing comparisons to obscenity law, we argue that the use of data to form social fact evidence may help decision makers in hostile work environment cases to apply a more uniform understanding of what is hostile and abusive. (PsycINFO Database Record (c) 2018 APA, all rights reserved). |
| Databáze: | OpenAIRE |
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