The authors tested a psycholegal model of how people evaluate social sexual conduct at work with videotaped reenactments of interviews with alleged complainants, perpetrators, and other workers. Participants (200 full-time male and female workers) were randomly assigned to evaluate the complaints with either the reasonable person or reasonable woman legal standard. Participants answered questions about sexual harassment law and completed the Ambivalent Sexism Inventory. Participants who took the reasonable woman perspective, as compared with those who took the reasonable person perspective, were more likely to find the conduct harassing; this was especially the case among participants high in hostile sexism. Medium-sized gender effects were found in the severe case but were absent in the weaker, more ambiguous case. The implications of these findings for hostile work environment law are discussed.
This research tests the possibility that the reasonable woman as compared to the reasonable person test of hostile work environment sexual harassment interacts with hostile and benevolent sexist beliefs and under some conditions triggers protectionist attitudes toward women who complain of sexual harassment, We administered to a sample of undergraduates the ambivalent sexism inventory along with the fact patterns in two harassment cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. We found that those high in hostile sexism, and women, found more evidence of harassment. However, those high in benevolent sexism did not exhibit the hostile sexism effects. Although men were less sensitive to the reasonable woman standard than women, under some conditions the reasonable woman standard enabled both genders to find greater evidence of harassment. The results are discussed from the perspectives of law and psychology.Title VII of the Civil Rights Act of 1964 as amended in 1991 prohibits an employer from discriminating against an individual with respect to compensation, terms, conditions, or privileges of employment, because of race, color, religion, sex, or national origin. The courts have applied Title VII's prohibition against gender discrimination to outlaw two types of sexual harassment First, employers may not exact sexual contact in exchange for compensation or advancement (Henson v. City of Dundee, 1982; and Miller v. Bank of Am., 1979) and second they may not subject workers to intimidating, hostile, or offensive working environments because of their gender
We thank Bruce Sales for his assistance in preparing the research materials, especially the model jury instructions, that were used in this article. We also thank attorneys Melinda Pendergraph and Maryann Marxkors for all of their help in the completion and planning stages of this project. Finally, we thank Audrey T. F. Wiener for her editorial assistance in completing the article.
This article focuses attention on research examining workplace discrimination against employees from marginalized groups. We particularly consider the experiences of seven different groups of marginalized individuals, some of which have legal protection and some of which do not but all of whom we feel have been overlooked by the field of industrial-organizational (I-O) psychology. We briefly describe the importance of studying each group and then delineate the brief amount of research that has been conducted. Finally, we make recommendations for I-O psychologists in terms of research and advocacy. Overall, we argue that I-O psychologists are missing an opportunity to be at the forefront of understanding and instigating changes that would result in maximizing the fairness and optimization of these often forgotten employees and their experiences in the workplace. One of the main goals of industrialorganizational (I-O) psychology is to ensure an equitable and fair workplace for all. Indeed, a large percentage of I-O psychologists devote their research programs and are hired to safeguard for fair selection Journal of Management, JOBU = Journal of Business and Psychology.
This paper reviews the four types of validity that make up Cook and Campbell's traditional approach for social science research in general and psychological research in particular: internal validity, statistical conclusion validity, external validity, and construct validity. The most important generalizability threat to the validity of jury research is not likely a selection main effect (i.e., the effect of relying solely on undergraduate mock jurors) but is more likely the interaction of sample with construct validity factors. Researchers who try to capture the trial process with experimental paradigms may find that undergraduate mock jurors react differently to those efforts than do more representative community samples. We illustrate these issues with the seven papers that make up this volume, and conclude by endorsing Diamond's call for a two-stage research process in which findings with samples of convenience gradually add more realistic trial processes and representative samples to confirm the initial findings and increase the research program's credibility.
Three studies used videotaped harassment complaints to examine the impact of legal standards on the evaluation of social-sexual conduct at work. Study 1 demonstrated that without legal instructions, college students' judgment strategies were highly variable. Study 2 compared 2 current legal standards, the "severity or pervasiveness test" and a proposed utilitarian alternative (i.e., the rational woman approach). Undergraduate participants taking the perspective of the complainant were more sensitive to offensive conduct than were those adopting an objective perspective. Although the utilitarian altemative further increased sensitivity on some measures, it failed to produce a principled judgment strategy. Finally, Study 3 examined the kinds of errors that full-time workers make when applying the "severity or pervasiveness" test to examine more closely the sensitivity of the subjective approach.
This paper presents a brief psycholegal analysis of hostile work environment sexual harassment law especially as it distinguishes between the reasonable person and reasonable woman tests of severity and pervasiveness. We tested two hypotheses: (1) women (but not men) would show stronger judgments of harassment when using the reasonable woman standard, and (2) this relationship would be strongest for women who identified with harassed victims and men who did not. We presented to a sample of undergraduates an in-group identification measurement task followed by the fact patterns in two cases and asked them to make legally relevant decisions under either the reasonable woman or person standard. Although we found gender and in-group identification effects, we found no legal standard effects. The results are discussed from the perspectives of law and psychology.
A dual processing model of sexual harassment judgments predicted that the behavior of a complainant in a prior case would influence evaluations in an unrelated subsequent case. In the first of two experimental scenarios depicting social-sexual conduct at work, the female complainant's conduct was manipulated to be aggressive, submissive, ambiguous, or neutral. Half of the participants were asked to reflect upon the first scenario after reading it and before answering responsibility questions. The other half simply reviewed the scenario and answered the questions. When the complainant acted aggressively, her behavior in the first scenario caused men who reflected on the fact pattern to find less evidence of harassment. Most interestingly, an aggressive complainant observed in the first scenario caused participants (especially women) to rate lower the likelihood that a neutral complainant in a second independent case was the victim of gender discrimination. Across cases, men found less evidence of harassment than did women.
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