Tuesday, March 13, 2007

Sexual Harassment of Men on the Rise

Graph_up Yahoo! HotJobs is reporting that cases of sexual harassment brought by men are increasing:

Defying assumptions about sexual harassment in the workplace, a record percentage of men reported being harassed by male colleagues last year, according to the Equal Employment Opportunity Commission.

Cases filed by men made up 15.4 percent of the 12,025 sexual harassment charges in fiscal year 2006, compared to 14.3 percent in 2005 and 11.6 percent a decade ago, according to the EEOC.

But these men are generally not being harassed by women:

Although the statistics don't reveal whether the alleged harassers of men also are male, they typically are -- it's rare for a man to file charges against a female coworker or supervisor, says EEOC spokesman David Grinberg.

It seems that much of this increase in male-on-male sexual harassment cases can be traced to not only the Supreme Court's watershed same-sex harassment decision in Oncale in 1998, but to the fact that more courts are willing to protect harassed men under some form of stereotype sexual discrimination of the Price Waterhouse variety.  In cases like Nichols v. Azteca Restaurant, 256 F.3d 864 (9th Cir. 2001), the courts have extended the protections of Title VII to those who are harassed because they do not live up to the gender stereotypes of what it is to be male.

There also might be something else going on here, at least at the federal level.  Because Title VII does  not include sexual orientation as one of the protected classifications, courts are becoming increasingly creative, as in Rene v. MGM Grand Hotel, 305 F.3d 1061 (9th Cir. 2002) (en banc), in extending employment discrimination protections to homosexual employees under different theories of law.

Hat Tip:  Miriam Cherry

PS

https://lawprofessors.typepad.com/laborprof_blog/2007/03/sexual_harassme.html

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Comments

When the EEOC start prosecution more of the major corporations, then, and only then will you see a decrease in the number of sexual harassment complaints.

Posted by: Joel | Mar 17, 2008 7:21:11 AM

Almost a year ago now my friend got caught up in a sexual harassment investigation of a professor at our law school. The professor had been sexually harassing my friend since she began law school. Not only did that professor harass my friend, but he also harassed almost every other new female student. Well that is if you were cute, blonde and petite. Anyway, long story short the situation with the professor blew up last spring and turned into a huge mess. Ironically, the school found out the male professor was harassing my friend through a lesbian professor who was hitting on my friend. Like I said the whole situation is a huge, sticky mess, which included the school threatening and "harassing" my friend to report the professor and cooperate (or shall I say do and say what they told her to do) with them in their investigation.

In the end, the professor was asked to resign. And now just like my friend was afraid of the professor has made her the target of his retaliatory actions, which includes a civil suit for defamation. The whole situation from the school's investigation to the former professor's civil suit is a completely ludicrous in my opinion. The school coerced my friend into their investigation and then revealed her identity to the professor, but failed to reveal the identity of any of the other girls involved in the investigation. The professor alleges he has been defamed despite the fact he has openly exchanged As for sex with students. He has also apparently forgotten that many people including myself witnessed his inappropriate behavior toward my friend and other female students. So again, the whole situation is a catastrophe and my friend's life has been turned upside down all because the professor wanted to have sex with her and she refused.

I have never been one to get very involved in things like this before, but I am nauseated by what has happened to my friend. Therefore, based on this whole situation, another friend and myself have started a grass-roots, non-profit organization that seeks to provide aid and support to victims of sexual harassment who have spoken out and now face retaliatory actions. Not only do we seek to help women victims, but also male victims because we understand that sexual harassment is rising to unprecedented heights. The organization is called The Dogwood Project. We have also just created a facebook page (http://www.facebook.com/group.php?gid=37558609042) for the project so please join our group and help us fight sexual harassment as well as help those courageous individuals who have spoken out against their harassers!!

Posted by: Carter | Dec 17, 2008 2:15:05 PM

This is ridiculous! I can't believe women can do to men what they wouldn't want men to do to them!!!

Posted by: Shamere | Mar 10, 2009 6:01:14 AM

The movie Indecent Proposal from a number of years back showed how can go very well. Often a man that is trying to be faithful to his wife & family will be veiwed as wimpy or faggish if he does not go ahead and dunk into the women that wants it. Its often the case that if the man is considered attractive the women will use that against him as a womanizer or if he works not to be that he then must be gay. Its all harrassemnt. Call it like it is.

Posted by: Ted | Oct 23, 2009 11:35:17 AM

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