Sexual Harassment: The “Reasonable Person” vs “Reasonable Woman” Standards have not been Resolved

1996 ◽  
Vol 78 (1) ◽  
pp. 329-330 ◽  
Author(s):  
William Douglas Woody ◽  
Wayne Viney ◽  
Paul A. Bell ◽  
Nora L. Bensko
Keyword(s):  
Sexual Harassment ◽  
The Other ◽  
Hostile Environment ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
Reasonable Woman Standard

Previous research suggests that women are more likely than men to perceive a hostile environment of sexual harassment in job-related scenarios. Such findings raise questions about whether a “reasonable woman” standard might be preferable to a “reasonable person” standard for adjudication of some sexual harassment cases. There are sound arguments for both positions, and there is no basis at the present time for unequivocal and categorical support for one position over the other.

Gender Influence on Perceptions of Hostile Environment Sexual Harassment

1995 ◽  
Vol 77 (1) ◽  
pp. 79-82 ◽  
Author(s):  
Carol L. Baird ◽  
Nora L. Bensko ◽  
Paul A. Bell ◽  
Wayne Viney ◽  
William Douglas Woody
Keyword(s):  
Sexual Harassment ◽  
Undergraduate Students ◽  
Full Range ◽  
Hostile Environment ◽  
Point Scale ◽  
Reasonable Person ◽  
Gender Influence ◽  
Female Perpetrators ◽  
Strongly Agree ◽  
Reasonable Woman Standard

Perceptions of sexual harassment were investigated as a function of perpetrators' and recipients' gender. Undergraduate students (100 women, 98 men) were presented 34 scenarios of men and women interacting at work. Participants were asked to read carefully each scenario and indicate on a scale anchored by 1 (strongly disagree) and 7 (strongly agree) their opinions as to whether the scenario represented an incident of sexual harassment. Analysis indicated that women rated “hostile environment” scenarios as more harassing than men, and male perpetrators were rated as more harassing than female perpetrators. Even though some scenarios were rated as more harassing than others, the full range of the 7-point scale was used on every scenario, indicating a lack of agreement on what constitutes harassment. This lack of agreement highlights the debate within the legal community about whether the “reasonable person” or the “reasonable woman” standard should be used to judge sexual harassment in the workplace.

scholarly journals BECAUSE OF SEX and A LAW OF HER OWN

2017 ◽  
Vol 29 (1) ◽  
pp. 149-156
Author(s):  
Jocelynne Annette Scutt
Keyword(s):  
Historical Perspective ◽  
Women's Work ◽  
Reasonable Person ◽  
Contemporary World ◽  
Women’S Work ◽  
Reasonable Person Standard ◽  
The Law ◽  
Reasonable Woman Standard

Though published more than ten years apart, it is timely to review these volumes together. Both books adopt an historical perspective on women under men’s laws, with a strong message for the contemporary world. Because of Sex traces developments constituting, and bringing about, advances in how the law addresses women’s work and roles, and consequent change in society. A Law of Her Own proposes how the law should adopt a revised approach, substituting the ‘reasonable woman’ standard for the existing - generally ubiquitous – ‘reasonable man’ or ‘reasonable person’ standard – which Because of Sex indicates has at least to some degree, in some instances, occurred.

Justifying risk-related standards of capacity via autonomy alone

2021 ◽  
pp. medethics-2020-106733
Author(s):  
Abraham Graber
Keyword(s):  
Informed Consent ◽  
Biomedical Ethics ◽  
The Other ◽  
Decisional Capacity ◽  
Reasonable Person ◽  
Other Hand ◽  
Reasonable Person Standard

The debate over risk-related standards of decisional capacity remains one of the most important and unresolved challenges to our understanding of the demands of informed consent. On one hand, risk-related standards benefit from significant intuitive support. On the other hand, risk-related standards appear to be committed to asymmetrical capacity—a conceptual incoherence. This latter objection can be avoided by holding that risk-related standards are the result of evidential considerations introduced by (i) the reasonable person standard and (ii) the standing assumption that patients have capacity. This evidential approach to justifying risk-related standards of capacity avoids the most significant challenges faced by extant views while grounding risk-related standards in two fairly uncontroversial views in biomedical ethics.

Male/Female Differences in Perceptions and Effects of Hostile Environment Sexual Harassment: “Reasonable” Assumptions?

1993 ◽  
Vol 22 (3) ◽  
pp. 461-472 ◽  
Author(s):  
Rebecca A. Thacker ◽  
Stephen F. Gohmann
Keyword(s):  
Sexual Harassment ◽  
Psychological Effects ◽  
Court Decisions ◽  
Hostile Environment ◽  
Legal Standard ◽  
Gender Based ◽  
Definition Of ◽  
Federal Workplace ◽  
Reasonable Woman Standard

Two recent court decisions have dealt with the appropriate legal standard for determining reasonableness in hostile environment sexual harassment cases. This paper discusses the “reasonable woman” standard adopted by these courts and explores the notion that gender-based differences in definition of sexually harassing behaviors do, in fact, exist. And secondly, the paper investigates the issue of gender-based differences in the emotional and psychological effects of hostile environment harassment. Data from a major survey of sexual harassment in the federal workplace are analyzed.

Women-Friendly Policies being adopted by Organizations: An Innovative aspect

2016 ◽  
Vol 3 (01) ◽  
Author(s):  
Shlesha Singh ◽  
Mrinalini Pandey
Keyword(s):  
Sexual Harassment ◽  
Glass Ceiling ◽  
Gender Stereotype ◽  
The Other ◽  
Family Responsibilities ◽  
Other Hand ◽  
The Family ◽  
Workplace Barriers ◽  
Women In The Workforce ◽  
And Gender

Organizations are these days realizing the importance of women in the workforce and to tap that talent, organizations are now-a-days putting extra efforts. Workplaces were designed keeping men in mind and which has been intercepting women from continuing the competitive jobs and career along with the family responsibilities. On the other hand, there are various workplace barriers which are adding to the other problems. Women face several barriers at the workplace like sexual harassment, glass ceiling and gender stereotype.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

scholarly journals The common rule's ‘reasonable person’ standard for informed consent

Bioethics ◽  
2018 ◽  
Vol 33 (2) ◽  
pp. 274-277 ◽  
Author(s):  
Jake Greenblum ◽  
Ryan Hubbard
Keyword(s):  
Informed Consent ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Common

scholarly journals Stalking: Notion, characteristics and social responses

Temida ◽  
2007 ◽  
Vol 10 (4) ◽  
pp. 3-12 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Marina Kovacevic-Lepojevic
Keyword(s):  
Domestic Violence ◽  
Sexual Harassment ◽  
Complex Problem ◽  
The Other ◽  
Social Responses ◽  
Legal Reforms ◽  
Workplace Abuse ◽  
Everyday Talk ◽  
The Everyday ◽  
The World

In the last two decades stalking phenomenon is recognized and actualized in the world in professional, scientific circles, in media and the everyday talk. Recently, stalking is identified as specific and complex problem studied separately from domestic violence, workplace abuse, sexual harassment, threats, following, homicide, voyeurism and the other phenomenon to which stalking may or not be related. This paper is aimed to determine the notion of stalking and its relationship with similar phenomena, to review the research about the prevalence and nature of stalking, as well as to review the measures for its prevention, supporting victims and prosecution of offenders. Finally, the paper intend to contribute toward initiation of research and legal reforms regarding stalking victimisation in Serbia.

scholarly journals EL DERECHO A PROBAR EN EL PROCEDIMIENTO DE INVESTIGACIÓN Y SANCIÓN DEL HOSTIGAMIENTO SEXUAL: ¿UNA GARANTÍA RECORTADA?

2020 ◽  
pp. 91-102
Author(s):  
LUIS MARTÍN BRAVO SENMACHE
Keyword(s):  
Sexual Harassment ◽  
General Theory ◽  
Due Process ◽  
The Other ◽  
Legislative Reform ◽  
Due Process Of Law ◽  
The Right

Con base en la teoría general del proceso, la investigación determina que en el Procedimiento de Investigación y Sanción del Hostigamiento Sexual (PISHS)es identificable la estructura del contradictorio, por lo que su naturaleza es la de un proceso. Sin embargo, la revisión del tratamiento normativo que el PISHS ha dedicado al derecho a la prueba de la parte acusada pone en evidencia que, en la estructura de dicho proceso, el contradictorio no ha sido implementado más que parcialmente, dado que su dimensión sustancial (específicamente, el poder de influencia) no ha sido cabalmente asegurada a favor del presunto/a hostigador/a. Dos escenarios se erigen como posible solución al problema: uno a través de la vía de hecho (preferencia del principio del debido proceso) y otro mediante la reforma legislativa del art. 17.2 del reglamento. Based on the general theory of the process, the investigation determines that in the Investigation and Sanction Procedure for Sexual Harassment (PISHS) the structure of the contradictory is identifiable, so its nature is that of a process. However, the review of the normative treatment that the PISHS has dedicated to the right to proof of the accused party shows that, in the structure of said process, the contradictory has only been partially implemented, given that its substantial dimension (specifically, the power of influence) has not been fully secured in favor of the alleged harasser. Two scenariosare erected as a possible solution to the problem: one through the facto route (preference for the principle of due process of law) and the other through the legislative reform of the art. 17.2 of the reglament.

Repairing the damage: wishful, defensive, or restorative?

2021 ◽  
Vol 21 (1) ◽  
pp. 28-39
Author(s):  
Susan Long
Keyword(s):  
Climate Change ◽  
Economic Recession ◽  
The Other ◽  
Hostile Environment ◽  
Racial Inequalities ◽  
Internal Forces ◽  
System Restoration ◽  
Large Groups ◽  
Malicious Intent ◽  
Social Level

Damage, physically and to the psyche is inevitable. This is whether it is caused unconsciously, through consciously malicious intent, thoughtlessness, as collateral or just through a hostile environment or the warring of internal forces. At the group or social level, the last few years have seen much damage in terms of economic recession, climate change, racial inequalities, and domestic violence. The desire to repair follows such damage. The psychoanalytic focus on reparation sees the process as an attempt by a person to repair perceived damage to another or, more precisely, to an internal image of the other—a loved other. Large groups such as organisations and societies also do damage and sometimes acknowledge this and make attempts to repair—perhaps defensively, simply to restore their own reputation, but perhaps from guilt and remorse. This article will invite readers to think about reparation in terms of either fantasied wishfulness, or defensiveness, or its possible restorative capacity. My exploration rests on the premise that damage is always to the system and that both that which damages and that which is damaged suffer. It is in system restoration that hope re-emerges.

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