ABSTRACT

Research over the past twenty years indicates that sexual harassment is a frequent problem in work organizations and that it can have debilitating physical, emotional, and economic effects on its victims (Terpstra and Baker 1991). In spite of the serious negative effects of sexual harassment, there was a very limited legal foundation outlawing it until the passage of the Civil Rights Act of 1964 (MacKinnon 1979). Even with that legislation, it was not until 1977 that a court found sexual harassment to be actionable under Title VII of the law (Coles 1985). Since that time the Equal Employment Opportunity Commission (EEOC)(198G) has issued a definition of sexual harassment and the courts have attempted to clarify the types of behaviors that are considered to be illegal. In spite of this evolution of the law, there has continued to be confusion over what constitutes sexual harassment and what is a justifiable defense for employers (Cohen 1987). In 1986, the Supreme Court heard its first sexual harassment case and upheld the legality of bringing such a suit under Title VII, but left open the question of what constitutes a reasonable defense for employers (Hauck and Pearce 1987). In this increasingly litigious environment many employers have instituted policies banning harassment in the workplace. The effectiveness of such policies and the legal precedence for sexual harassment cases are discussed below.