ABSTRACT

In the United States, the concept of workplace sexual harassment developed first as a legal concept and subsequently as a concept empirically studied by social and behavioural scientists. In the US, workplace sexual harassment is considered a form of gender-based discrimination under Federal Law. In 1980, the US Equal Employment Opportunity Commission issued a set of guidelines that have become the cornerstone of legal and policy definitions of sexual harassment throughout the United States. These guidelines describe two general types of sexual harassment: (1) unwelcome sex or gender-related behaviour that creates a hostile environment and (2) quid pro quo behaviours, where the unwelcome behaviour becomes a term or condition of employment or advancement. The EEOC Guidelines emphasise the importance of examining the specifics of each case in determining whether sexual harassment has taken place. This point seems to acknowledge the importance of contextual factors in judging whether behaviours should be considered to be sexually harassing.