Need for expansion of forensic psychiatrists' role in sexual harassment cases

Apparently intimidated by the current climate of political correctness, forensic psychiatrists in sexual harassment cases often limit themselves to a determination of damages. Yet they are in a unique position to help in the resolution of more complex issues: they need not merely accept plaintiffs' allegations at face value, as treating psychiatrists generally do, but can assess credibility and identify psychodynamics that could be crucial in the clarification of legal questions such as "welcomeness." This article discusses the significance of pertinent data, such as a history of childhood sexual abuse, but emphasizes that such information does not necessarily invalidate the plaintiffs allegations. It also reviews the obstacles that can stand in the way of a complete psychiatric examination and thereby limit the forensic psychiatrist's ability to help the courts. Increased involvement by forensic psychiatrists could contribute to a more impartial evaluation of sexual harassment cases and help establish the distinction between valid claims and frivolous ones.     

Sexual Harassment and Social Justice: Reflections on the Distance Yet to Go.

Despite progress, protections remain inadequate for victims who bring legal claims of sexual harassment. The process for damages determination frequently increases harm and undercuts the policy initiatives enshrined in Title VII. The author critiques this process, focusing on misuse of psychological examinations and failure of the federal "rape shield" law to adequately protect plaintiffs. The author suggests possible reforms, including removing caps on Title VII damages, minimum awards (i.e., liquidated damages) upon proof of liability, and strategies for educating juries on the harms of harassment that do not exacerbate them, and concludes with a call for professional guidelines for conducting forensic evaluations in sexual harassment cases, thus advancing the policy goal of combating discrimination by encouraging victims to come forward. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The utility of the reasonable woman legal standard in hostile environment sexual harassment cases: A multimethod, multistudy examination.

The case of Ellison v. Brady (1991) was a landmark decision in establishing a new legal standard-the reasonable woman standard-for evaluating hostile environment allegations of sexual harassment and in relying, albeit indirectly, on social science evidence to support its decision. The authors review the legal standard in sexual harassment law, and the legal arguments and social science evidence underlying Ellison. The new standard could affect judgments broadly by sensitizing jurors to the situation of a female plaintiff, or it could affect judgments selectively by sensitizing only those people who might otherwise be especially insensitive to her situation. Five studies that focus on the effect of the reasonable woman standard on people's assessments of hostile environment sexual harassment indicate that the reasonable woman standard has modest, if any, effects on the judgments studied. Implications are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Comparing victim attributions and outcomes for workplace aggression and sexual harassment.

In 2 studies, we investigated victim attributions (Study 1) and outcomes (Study 2) for workplace aggression and sexual harassment. Drawing on social categorization theory, we argue that victims of workplace aggression and sexual harassment may make different attributions about their mistreatment. In Study 1, we investigated victim attributions in an experimental study. We hypothesized that victims of sexual harassment are more likely than victims of workplace aggression to depersonalize their mistreatment and attribute blame to the perpetrator or the perpetrator's attitudes toward their gender. In contrast, victims of workplace aggression are more likely than victims of sexual harassment to personalize the mistreatment and make internal attributions. Results supported our hypotheses. On the basis of differential attributions for these 2 types of mistreatment, we argue that victims of workplace aggression may experience stronger adverse outcomes than victims of sexual harassment. In Study 2, we compared meta-analytically the attitudinal, behavioral, and health outcomes of workplace aggression and sexual harassment. Negative outcomes of workplace aggression were stronger in magnitude than those of sexual harassment for 6 of the 8 outcome variables. Implications and future directions are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual harassment and health among male and female police officers.

The aims of this study were to investigate whether sexual harassment is related to mental and physical health of both men and women, and to explore the possible moderating effects of gender on the relation between sexual harassment and health. In addition, we investigated whether women were more often bothered by sexual harassment than men, and whether victims who report being bothered by the harassment experience more health problems compared to victims who did not feel bothered. A representative sample of 3,001 policemen and 1,295 policewomen in the Dutch police force filled out an Internet questionnaire. It appeared that women were more often bothered by sexual harassment than men, but gender did not moderate the relation between sexual harassment and mental and physical health. In addition, victims who felt bothered by the harassing behaviors reported more mental and physical health problems than victims who did not feel bothered. The distinction between bothered and nonbothered victims is important because appraisal is an essential aspect in the operationalization of sexual harassment. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

A theory of ethics for forensic psychiatry

This article offers a justification for a set of principles that constitute the ethical underpinnings of forensic psychiatry. Like professional ethics in general, the principles are based on the particular societal functions performed by forensic psychiatrists and result in the intensification of obligations to promote certain important moral values. For forensic psychiatrists, the primary value of their work is to advance the interests of justice. The two principles on which that effort rests are truth-telling and respect for persons. In the same manner as other physicians who perform functions outside of the usual clinical context (e.g., clinical researchers), forensic psychiatrists cannot simply rely on general medical ethics, embedded as they are in the doctor-patient relationship--which is absent in the forensic setting. Indeed, efforts to retain some residuum of that relationship and its associated ethical principles are likely to create confusion in the minds of both forensic psychiatrists and their evaluees and to heighten the problems of double agency. A virtue of this approach is the clear distinction it offers between clinical and forensic roles.     

Personal and organizational predictors of workplace sexual harassment of women by men.

The authors investigated the predictors of workplace sexual harassment in 278 male university faculty and staff (M age?=?45 years). Workplace variables (perceptions of organizational sanctions against harassment and perceptions of a sexualized workplace) and personal variables (adversarial sexual beliefs, sexual harassment beliefs, perspective taking, and self-esteem) were studied as predictors of sexualized and gender harassment. Social desirability was controlled. Both organizational variables and beliefs about sexual harassment predicted gender harassment and sexualized harassment. Perspective taking, adversarial sexual beliefs, and sexual harassment beliefs moderated the effects of perceived organizational sanctions against harassment on sexualized harassment. Findings are discussed as they relate to organizational efforts to reduce or prevent sexual harassment. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

There's No Place Like Home: Sexual Harassment of Low Income Women in Housing.

Although sexual harassment in the workplace has received considerable attention, harassment in rental housing is a virtually unresearched phenomenon, despite informal data that it is widespread. This article reviews empirical data and legal remedies on sexual harassment in rental housing, comparing these with harassment in employment contexts. Using data drawn from Title VIII sexual harassment cases, the authors present 3 studies designed to examine the nature of sexual harassment in housing. Despite overall similarities to its workplace counterpart, a number of distinctive characteristics of residential harassment were evident; in particular, the phenomena of home invasion and masculine possessiveness have no apparent workplace parallels. Housing sexual harassment often takes place in the victim's home, creating an intensely threatening atmosphere. Legal and public policy implications are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Effects of racial and sexual harassment on work and the psychological well-being of African American women.

Research on workplace harassment has typically examined either racial or sexual harassment, without studying both simultaneously. As a result, it remains unknown whether the co-occurrence of racial and sexual harassment or their interactive effects account for unique variance in work and psychological well-being. In this study, hierarchical linear regression analyses were used to explore the influence of racial and sexual harassment on these outcomes among 91 African American women involved in a sexual harassment employment lawsuit. Results indicated that both sexual and racial harassment contributed significantly to the women's occupational and psychological outcomes. Moreover, their interaction was statistically significant when predicting supervisor satisfaction and perceived organizational tolerance of harassment. Using a sample of African American women employed in an organizational setting where harassment was known to have occurred and examining sexual and racial harassment concomitantly makes this study unique. As such, it provides novel insights and an important contribution to an emerging body of research and underscores the importance of assessing multiple forms of harassment when examining organizational stressors, particularly among women of color. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Paradoxical effect of GM-CSF gene transfer on the tumorigenicity and immunogenicity of murine tumors

Because forensic psychiatry is a relatively small field, there are few computer applications designed particularly for it. Forensic psychiatrists use personal computer in many ways that are similar to other psychiatrists, but certain aspects of forensic practice, such as an emphasis on precise reports, regular interactions with attorneys, use of legal databases and materials, and travel, call for utilizing available programs in different ways. Since forensic psychiatry draws on the knowledge of psychiatry, law, and criminology, the World Wide Web has become a particularly useful resource for information. An array of applications and resources of particular interest to forensic psychiatrists are presented. Computer education, "telemedicine," and teleconferencing are still in their infancy in forensic psychiatry, but are likely to increase in use as these technologies mature.     

Sex and ethnicity as moderators in the sexual harassment phenomenon: A revision and test of Fitzgerald et al. (1994).

Fitzgerald, Hulin, and Drasgow (1994) proposed that personal vulnerability characteristics (such as sex and ethnicity) would moderate the effect of sexual harassment on its outcomes. This paper argues that personal vulnerability characteristics instead moderate the effect of organizational sexual harassment climate on sexual harassment because of their role as identity markers within social hierarchies. Using a sample of nearly 8,000 male and female military personnel from four ethnicity groups, the proposition that organizational climate differentially affects sexual harassment frequency across sex and ethnicity was evaluated. Results suggested that sex is an important moderator of these relationships, but that ethnicity is not. Further, sex and ethnicity were not found to moderate the effect of sexual harassment on its outcomes. Potential generalizability of these results to other types of harassment (e.g., racial harassment, bullying), as well as needed future research in this area, is discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Gender differences in experiences of sexual harassment: Data from a male-dominated environment.

The goal of this investigation was to examine gender differences in experiences of sexual harassment during military service and the negative mental health symptoms associated with these experiences. Female (n = 2,319) and male (n = 1,627) former reservists were surveyed about sexual harassment during their military service and current mental health symptoms. As expected, women reported a higher frequency of sexual harassment. Further, women had increased odds of experiencing all subtypes of sexual harassment. Being female conferred the greatest risk for experiencing the most serious forms of harassment. For both men and women, sexual harassment was associated with more negative current mental health. However, at higher levels of harassment, associations with some negative mental health symptoms were stronger for men than women. Although preliminary, the results of this investigation suggest that although women are harassed more frequently than men, clinicians must increase their awareness of the potential for sexual harassment among men in order to provide the best possible care to all victims of harassment. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Job-related and psychological effects of sexual harassment in the workplace: Empirical evidence from two organizations.

Previous evidence regarding the outcomes of sexual harassment in the workplace has come mainly from self-selected samples or analogue studies or those using inadequate measures. The sexual harassment experiences, coping responses, and job-related and psychological outcomes of 447 female private-sector employees and 300 female university employees were examined. Discriminant function analyses indicated that women who had not been harassed and women who had experienced low, moderate, and high frequencies of harassment could be distinguished on the basis of both job-related and psychological outcomes. These outcomes could not be attributed to negative affective disposition, attitudes toward harassment, or general job stress. Results suggest that relatively low-level but frequent types of sexual harassment can have significant negative consequences for working women. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Quantitative analysis of microvascular changes in diffuse astrocytic neoplasms with increasing grade of malignancy

BACKGROUND: Despite concerns about its prevalence and ramifications, harassment has not been well quantified among physicians. Previous published studies have been small, have surveyed only 1 site or a convenience sample, and have suffered from selection bias. METHODS: Our database is the Women Physicians' Health Study, a large (4501 respondents; response rate, 59%), nationally distributed questionnaire study. We analyzed responses concerning gender-based and sexual harassment. RESULTS: Overall, 47.7% of women physicians reported ever experiencing gender-based harassment, and 36.9% reported sexual harassment. Harassment was more common while in medical school (31% of gender-based and 20% for sexual harassment) or during internship, residency, or fellowship (29% for gender-based and 19% for sexual harassment) than in practice (25% for gender-based and 11% for sexual harassment). Respondents more likely to report gender-based harassment were physicians who were now divorced or separated and those specializing in historically male specialties, whereas those of Asian and other (nonwhite, nonblack, non-Asian, non-Hispanic) ethnicity, those living in the East, and those self-characterized as politically very conservative were less likely to report gender-based harassment. Being younger, born in the United States, or divorced or separated were correlated with reporting ever experiencing sexual harassment; those who were Asian or who were currently working in group or government settings were less likely to report it. Those who felt in control of their work environments, were satisfied with their careers, and would choose again to become physicians reported lower prevalences of ever experiencing harassment. Those with histories of depression or suicide attempts were more likely to report ever having been harassed. CONCLUSIONS: Women physicians commonly perceive that they have been harassed. Experiences of and sensitivity to harassment differ among individuals, and there may be substantial professional and personal consequences of harassment. Since reported rates of sexual harassment are higher among younger physicians, the situation may not be improving.     

The sexual harassment of men: Evidence for a broader theory of sexual harassment and sex discrimination.

The article imposes a social science framework on a law-based theory of sexual harassment forwarded by Katherine Franke (1997), which sought to address shortcomings of extant theory and to account for atypical forms of sexual harassment, notably male same-sex sexual harassment (SSSH). Sex-role spillover theory, sexual harassment climate theory, and Person × Situation theory are discussed with regard to their ability to account for SSSH. Preliminary postulates of this framework are tested with data from the 1995 Department of Defense sexual harassment survey of the U.S. military (J. E. Edwards, T. W. Elig, D. L. Edwards, & R. A. Riemer (1997). The results suggest that SSSH occurs because targeted men do not fit their offenders' gender-role stereotype of heterosexual hypermasculinity. Legal and workplace implications are discussed in an effort to expand existing theories and policies regarding sexual harassment to this more encompassing view. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The Role of Canadian Psychologists in Conducting Fitness and Criminal Responsibility Evaluations.

Historically, only physicians, typically psychiatrists, were permitted to conduct forensic mental health evaluations for the courts. In the United States, the courts have affirmed increasing acceptance of involvement of psychologists since the 1940s. In Canada, the legal system continues to adhere to the assumption of medical dominance to a large extent. For instance, Canadian legislation requires that a physician conduct court-ordered assessments of fitness to stand trial and criminal responsibility. In this article, relevant Canadian law is compared to American law, and empirical research on the ability of psychologists to assess fitness and criminal responsibility is discussed. These legal and empirical reviews are used to generate policy recommendations regarding the qualifications of forensic examiners. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Counseling victims of sexual harassment.

Describes therapeutic experiences with 10 sexual harassment victims in individual therapy and 7 sexual harassment victims in group therapy and compares them with data from sexual employment surveys and with other crime populations. Findings reveal that victims progressed through stages of feelings including confusion/self-blame, fear/anxiety, depression/anger, and disillusionment. The stress of sexual harassment was also affected by a history of prior victimization and by the victim's involvement in a formal complaint process related to the harassment. The group setting was found to be more effective than individual treatment for coping with the specific effects of sexual harassment, and Ss in group therapy used the group to understand their experience, sort through legal and employment decisions, learn new coping skills, and develop support for each other. Victims of sexual harassment differed from victims of crime: The primary effects of the harassment were on economic and career well-being; the secondary effects were on private relationships and physical well-being. The reverse is true for victims of crime. Therapeutic complications arising from the therapist's involvement in court proceedings and organizational remedies are also described. (42 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Compelled mental health examinations, liability decisions, and damage awards in sexual harrassment cases: Issues for jury research.

Controversy surrounds the role that expert psychological testimony may play in sexual harassment litigation. In some circumstances, the defense may compel sexual harassment plaintiffs to submit to a mental health examination by a defense expert. This examination may be used to discover whether the plaintiff has a previous history of sexual victimization, which the defense could use to weaken the plaintiff s claims that the sexual behavior was unwelcome and/or damaging. Some advocates have advised that plaintiffs not place their mental health into controversy, so that they can avoid these compelled examinations. In this article, the authors (a) review the legal basis for compelled mental health examinations, (b) review the relevant psychological literature on jury decision making in sexual harassment cases, and (c) examine the implications of compelled mental health examinations for jury decision making, suggesting avenues for future research. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Understanding a link between sexual harassment and eating disorder symptoms: A mediational analysis.

Using data from 3 samples of working women and men, the present study examines the association between sexual harassment and eating disorder symptoms by studying the processes that may underlie this relationship. The results of structural equation modeling suggest a link between sexual harassment and eating disorder symptoms among women and indicate that this relationship is mediated by psychological distress, self-esteem, and self-blame. Further, sexual harassment was found to predict eating disorder symptoms among women even when experiences of sexual assault were included in the model. No relationship was found between sexual harassment and eating disorder symptoms among men. The theoretical and clinical implications of these results are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The relationship between age and gender in workers' attitudes toward sexual harassment

The relationship between gender, age, and workers' attitudes toward sexual harassment as measured by the Sexual Harassment Attitudes Scale was examined. Participants were full-time workers employed at a local hardware-manufacturing company or a local utility company in New England. Results indicated that the women younger than 40 years old were significantly less tolerant of sexual harassment than older women were. In contrast, male workers' tolerance of sexual harassment decreased with age up until the age of 50 years, after which their tolerance level of sexual harassment increased significantly.