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The #MeToo movement exploded in the wake of Harvey Weinstein’s sexual misconduct while being a director and executive for TWC. Over 100 women have reported abuse or harassment by Weinstein in the course of his employment. Employment Agreements are given great leniency to draft around default rules in many states. As Professor Alexandra Andov describes in her commentary, the terms of Weinstein’s various employment agreements incentivized or sheltered behavior and crimes that harm women. Limited oversight and reporting, expansive indemnification provisions, underinclusive codes of conduct, and overly protective terms of termination contributed to Weinstein’s reign of terror on women around him. Professor Susan Chesler provides a modified employment contract that features narrative theory and “tone from the top” to increase accountability for employees and protection for victims. Drafting employment contracts to achieve these goals is achieved by mandated reporting of all incidents, eliminating indemnification to the wrongdoer for sexual wrongdoing, requiring compliance with investigations, and subjecting termination to cause employees to terminate without the ability to cure instances of sexual misconduct. Chesler’s contract is a starting point for transforming relationships across an entire organization, provide voice for stakeholders, and foster a culture that respects women’s dignity.
Following the publication of a U.S. News and World Report article about ICN’s CEO, Panic, entitled “Sex and the CEO” detailing the pharmaceutical company’s expansive cover-up of workplace sexual harassment, a shareholder, White, filed suit against Panic for breaching his fiduciary duty by using corporate funds to resolve sexual harassment claims. The feminist rewrite finds that Panic and ICN’s board failed to exercise valid business judgment and did breach their fiduciary duty. The lack of diversity on ICN’s all-male boardroom is noted as a factor that led to the acceptance of Panic’s workplace sexual harassment and the allowance of corporate funds to actively conceal it. The examination refuses to sanitize the legal analysis to only rules and processes and instead chooses to analyze the case for its full revealing facts. The rewritten opinion views ICN’s board’s repeated decision to use corporate funds to settle sexual harassment cases as a proof of the fact that the board did in fact have actual knowledge of the persistent sexual harassment of its employees by Panic. Using precedent available at the time of White v. Panic, the feminist rewrite is able to come to the conclusion, which has become more common twenty years later in the post-#MeToo world.
In Australia and internationally, women continue to be underrepresented in male-dominated trade occupations. A notable barrier is the apprenticeship system, which requires women to overcome obstacles in employment and training. Government and industry stakeholders have encouraged women’s apprenticeships in male-dominated trades through the development of Group Training Organisations’ (GTOs) that operate as intermediaries between apprentices and employers. Extending Acker’s model of workplace inequality regimes, we argue that inequality regimes operate between organisations at an industry-wide level. We ask ‘Do GTOs operate to produce and reproduce workplace and industry-wide inequality regimes? Or can they facilitate improved gender diversity in male-dominated trades?’ Drawing on a recent study of regional tradeswomen’s employment, we find that although GTOs have an important role in facilitating gender diversity, they have inconsistent results in challenging existing inequality regimes. There is a risk that they may become a vector of transmission for workplace inequality regimes to the broader industry.
This is an edited version of the 2015 Fay Gale Lecture soon after the author’s retirement as Director of the University of South Australia’s Centre for Work + Life. It begins with the author’s personal work reminiscences as a touchstone for reflecting on continuity and change in women’s working lives. A first job in sheep-shearing sheds illustrates the insecurity and hard physical and emotional labour associated with manual work. Despite strides in Australian women’s qualification levels, discrimination is being ‘refreshed and remade’. Examples include recent Australian reversals in paid parental leave policy and the role of sexual harassment in patrolling work boundaries. The institutional basis of unequal pay and inflexible work/family time allocation is demonstrated in the Productivity Commission’s 2015 Workplace Relations agenda. This recommends reduced Sunday penalty rates that will disproportionately affect feminised, low-paid retail and hospitality work and rejects any strengthening of parents’ statutory right to request flexible work arrangements. Three remedies are proposed – creative approaches to research, campaigning and political action.
This article discusses sexual harassment in the east African cut-flower and horticultural industry, based on research on 62 farms in Ethiopia, Kenya, Tanzania and Uganda. It argues that sexual harassment is fostered both by coercive labour conditions within global value chains and by existing hierarchical gender relations. The research finds that harassment is widespread, that many lack a vocabulary to describe or discuss this, and that female casual and temporary workers are most likely to be targeted. Action research coupled with organisation of workers, however, has been effective in giving ‘voice’ to those suffering harassment: this is a first step in a feminist labour mobilisation and policy formulation. Procedures against sexual harassment are beginning to be formulated: a key concern is implementation. Addressing sexual harassment is central in ensuring the security of working people, particularly the most marginalised.
The term trauma comes from the ancient Greek word “titrosko” than means perforate. Sexual harassment and abuse of a person during childhood is an important risk factor for mental trauma.
Present the impact of sexual harassment and abuse in the mental health of adolescents and the imprortance of therapeutic relationship.
From the literature review the child needs love which is demostrated with tenderness. The adult (perpetrator) with a disorder responds to the child’s tenderness with the language of passion. The immature Ego of the child is not strong enough to deal with the adult behavior and this causes anxiety, helplessness, confusion and guilt about the relationship with the adult. During the psychotherapeutic process, 4 main protagonists emerge : the victim, the perpetrator, an absent mother and an omnipotent savior.
Mental trauma can adversely affect the development of the neurobiological system resulting in difficulty coping with stressful events. Untreated trauma can lead to serious psychopathology such as anxiety disorders , depressive disorder, personality disorders, addictions. The creation of a therapeutic relationship, understanding the adolescent and his family potential, the recognition and treatment of transference-countertransference phenomena and the existence of a clinical setting that acts as a restraint mechanism could contribute to the therapy of mental trauma.
The Therapeutic Department for Adolescents could be an environment to contain, process and transform the painful into pleasant emotions, as well as aiming the authenticity of the person with a history of sexual harassment and abuse.
Ethical decision making has long been recognized as critical for industrial-organizational (I-O) psychologists in the variety of roles they fill in education, research, and practice. Decisions with ethical implications are not always readily apparent and often require consideration of competing concerns. The American Psychological Association (APA) Ethical Principles of Psychologists and Code of Conduct are the principles and standards to which all Society for Industrial and Organizational Psychology (SIOP) members are held accountable, and these principles serve to aid in decision making. To this end, the primary focus of this article is the presentation and application of an integrative ethical decision-making framework rooted in and inspired by empirical, philosophical, and practical considerations of professional ethics. The purpose of this framework is to provide a generalizable model that can be used to identify, evaluate, resolve, and engage in discourse about topics involving ethical issues. To demonstrate the efficacy of this general framework to contexts germane to I-O psychologists, we subsequently present and apply this framework to five scenarios, each involving an ethical situation relevant to academia, practice, or graduate education in I-O psychology. With this article, we hope to stimulate the refinement of this ethical decision-making model, illustrate its application in our profession, and, most importantly, advance conversations about ethical decision making in I-O psychology.
The Kenyan flower industry is one of the largest in the world and it is estimated to contribute around one per cent to Kenya’s gross domestic product (GDP).1 According to the Kenya Flower Council (KFC), Kenya exports about 70 per cent of its cut flowers for sale on the European market.2 Women constitute around 65 to 75 per cent of the workforce in the Kenyan flower industry, performing unskilled and poorly paid jobs.3 Female floriculture workers in Kenya experience high rates of sexual harassment (SH) and other forms of workplace violence.4 SH is deeply rooted in power imbalances between the parties involved, which can impact on the ability of the victim to resist or expressly indicate that the conduct is unwelcome. Such power imbalance can threaten victims into silence, resulting in incidences going unreported.5 According to a study on gender, rights and participation in the cut flower industry in Kenya, SH is particularly prevalent among women who are supervised by male managers.6 It was found that the persistence of SH is related to the hierarchical employment structure of floriculture companies, coupled with the lack of female managerial staff, both of which also prevented women from reporting incidences of SH.
This chapter examines the Nordic reality with respect to human rights. While achieving a positive record in this area, the Nordics have also been criticized for violating the religious freedom of immigrants (especially Muslim immigrants) and having a somewhat outdated version of women’s rights, as well. Nordic (especially Swedish) foreign policy has been criticized for hypocrisy in this area. The situation of Jews and Israel provides a fascinating overlap of these domestic and foreign concerns, which may tend to undermine the model’s appeal overseas.
The Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”
Sexual border violations are a severe problem in the healthcare system. Studies using non-probability samples indicate a high prevalence of professional sexual misconduct (PSM) towards patients. However, valid prevalence rates are lacking.
We did a cross-sectional, observational study in Germany from February to April 2020. By different sampling steps, a probability sample of the German population above the age of 14 was generated. The final sample consisted 2503 persons (50.2% female, mean age: 49.5 years). Participants were asked about sexual contacts with and sexual harassment by healthcare professionals. Using descriptive statistics, prevalence rates of PSM were estimated.
PSM was reported by 56 (4.5%) female and 17 (1.4%) male participants. In detail, 28 (2.2%) female and 10 (0.8%) male participants reported sexual contacts with healthcare professionals. One third of these sexual contacts took place before the age of 18 and one third against the will of the patients. 40 (3.2%) female and 8 (0.6%) male participants reported unnecessary physical examinations, 31 (2.5%) female and 7 (0.6%) male participants reported sexual harassment. The majority of perpetrators were male.
Our data provide an important first insight into the prevalence of PSM by healthcare professionals towards patients in a representative sample. Results suggest a high prevalence of PSM in the general population of Germany. Preventive measures to increase awareness of PSM and concepts for protection of patients are needed.
This chapter explores the prevalence of gender discrimination in the technology sector. It examines why there is such widespread sex discrimination in this field, providing several markers that explain its occurrence, and it looks at specific incidents where harassment has occurred. This chapter proposes a number of different avenues that could be explored to help resolve this pervasive problem, discussing several ways to begin recognizing and addressing these abusive workplace environments. While not exhaustive, these suggestions provide several possible solutions to the present problem of hostile work environments in the technology industry. This chapter also explores the very important issue of sexual assault in the technology sector. And, this chapter briefly looks at how customers can be victimized by the existing culture in this industry. It further explores the potential liability companies and employers are exposed to in the face of this situation.
By examining some of the more critical and emerging issues facing this industry – defining employment, litigating claims, aggregating cases, and preventing harassment – this book takes on some of the more high-profile instances where the law has not kept pace in this growing area of virtual work.
Seafaring, as a traditionally male-dominated industry, continues to have very few female seafarers, with approximately 2% globally being women. This paper draws on the findings of a study that considered both the experiences of women seafarers working in the UK shipping industry and the views of key industry stakeholder representatives, and asks what must be done to improve those experiences? Responses across the industry suggest that all women seafarers will experience some form of harassment during their careers, which has significant implications for their occupational health, safety and wellbeing. These experiences reflect failures of leadership in developing and promoting a safe and inclusive onboard culture. This paper calls for fundamental change within the industry, including improvements in training and leadership to reflect modern seafaring and diversity on board. It also calls for relevant policy and strategic changes to be based on the views of seafarers and their representatives. It concludes that improving the experiences of women on board will improve the occupational health, safety and wellbeing of all seafarers, regardless of gender or any other characteristic or classification.
In March of 2011, Howard University sponsored an Alternative Spring Break trip to Chicago where law students worked with me to create several lessons in constitutional law for middle schoolers. The lesson on policing teaches civilians the constitutional limits on police power. Sometimes referred to as “Street Law,” I call the training Know Your Rights. It was a huge hit with middle school students and teachers, and became the genesis for Know Your Rights trainings in other venues. I will never forget Raven and Stanley, the two Howard students volunteering in Chicago who wrote the first drafts of skits we performed, and found ways to connect with the middle school students we taught. When another teacher brought her class to hear the two firebrands, doubling Raven and Stanley’s class size, Raven even stood on a chair to be heard.
Guthrie v. Conway exemplifies the reluctance of many courts to allow victims of workplace sexual harassment to sue in tort for intentional infliction of emotional distress (IIED). The employer in Guthrie escaped liability because the court did not regard numerous incidents of harassment as sufficiently “outrageous” conduct to justify tort recovery. The rewritten feminist dissent explains how courts often misuse summary judgment in hostile workplace environment cases and argues for a contextual application of the elements of IIED based on the victims’ experience. The feminist dissent would allow a jury to review the evidence in its totality, would not require the harassment to be overtly sexual to qualify as outrageous conduct, and would permit a tort claim regardless of whether the victim also had a viable claim under Title VII of the 1964 Civil Rights Act. The accompanying commentary catalogues the various techniques courts have used to exclude feminist perspectives in harassment cases and urges a greater role for tort litigation.
This chapter looks at discriminatory language related to sex and gender, in the past and present. We treat the “waves of feminism” and discuss how sexism is embedded in our language and society. We discuss sexist language in politics, the workplace, and such phrases as, locker room talk, Boys will be boys, That’s just how men speak, Not all men, and the Me Too movement. The concept of gender is explained, and transgender issues are discussed, including restroom rules, dead-naming, and misgendering, i.e., the incorrect use of pronouns as an insult. We consider contemporary cases and examples of sexism in pop culture and the media.
This chapter covers the recreational activities of servicewomen. The military authorities were sensitive to the off-duty pursuits of servicewomen and on occasion intervened in order to protect their ‘feminine virtue’. The chapter also deals with their romances with servicemen, incidences of sexual harassment, and lesbianism in the women’s forces. This latter issue was the subject of an ATS memorandum entitled ‘A Special Problem’.
A central function of democratic institutions is to protect vulnerable populations. The stability and success of these institutions depends, in part, on popular support. Times of crisis can introduce novel dynamics that alter popular support for protective institutions, particularly among those who do not benefit from those protections. We explore this possibility in the context of Title IX's gender equality requirements and infrastructure to address sexual harassment in college sports. We conduct a large survey of college student-athletes to study their attitudes on these issues in response to the COVID-19 pandemic and concomitant financial challenges affecting college sports. We find that male student-athletes and those with sexist attitudes exhibit alarmingly low levels of support for ensuring the maintenance of equality and sexual harassment policy under Title IX during the COVID-19 crisis and eventual recovery. The results accentuate the vulnerability of certain populations during crises and the importance of maintaining strong institutional policy support during such times.
The links between sexual harassment victimization and aspects of psychopathology are well-established in adolescent research, but whether sexual harassment victimization undermines positive aspects of psychological health and the moderating role of relational support in the link between sexual harassment victimization and psychological ill-health remains unknown. Using a cross-lagged model, we examined (a) the bidirectional and longitudinal links between sexual harassment victimization and adolescent psychological health (emotional problems and well-being) and (b) the moderating role of relational support from parents, teachers, and peers (best friends and classmates) in the link between sexual harassment victimization and adolescent psychological health. We used two waves of self-reported data (separated by 1 year) from 676 Swedish adolescents (50% female; mean age = 13.85 years at the point of first data collection). Controlling for the effects of gender and subjective socioeconomic status, the cross-lagged model revealed that sexual harassment predicted emotional problems positively and well-being negatively. Moreover, well-being predicted sexual harassment negatively. Relational support from classmates moderated the link in the direction from sexual harassment victimization to emotional problems. Relational support did not moderate the link to well-being. The findings provide new and important insights into the role of sexual harassment victimization in adolescent psychological adjustment and potential approaches to intervention.