The consultant as expert witness in school and workplace cases—Part 2.

This article provides a review of both Part 1 and Part 2 of a series of the Consulting Psychology Journal on the consultant as an expert witness in school and workplace cases. Part 1 covered topics such as professional consultants as expert witnesses from a legal perspective, sexual harassment and retaliation cases in the workplace, and special education consultants in due process hearings. In part 2, three articles focus on violence in the workplace and two articles alert the consulting psychologist to the issues related to malingering by clients and how to detect it. These articles are meant to provide a sampling of contemporary issues for which the mental health consultant may provide expert testimony in litigation. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Behind closed doors: In-home workers' experience of sexual harassment and workplace violence.

The authors developed and tested a structural model predicting personal and organizational consequences of workplace violence and sexual harassment for health care professionals who work inside their client's home. The model suggests that workplace violence and sexual harassment predict fear of their recurrence in the workplace, which in turn predicts negative mood (anxiety and anger) and perceptions of injustice. In turn, fear, negative mood, and perceived injustice predict lower affective commitment and enhanced withdrawal intentions, poor interpersonal job performance, greater neglect, and cognitive difficulties. The results supported the model and showed that the associations of workplace violence and sexual harassment with organizational and personal outcomes are indirect, mediated by fear and negative mood. Conceptual implications for understanding sexual harassment and workplace violence, and future research directions, are suggested. (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)     

Psychological mediators of the effects of opposing expert testimony on juror decisions.

This study examined the effectiveness of the opposing expert safeguard against unreliable expert testimony and whether beliefs about experts as hired guns and general acceptance mediate the effect of opposing expert testimony on juror decisions. We found strong evidence that the presence, but not the content, of opposing expert testimony affected jurors’ trial judgments and that these effects were mediated by mock jurors’ beliefs about general acceptance. The presence of an opposing expert affected jurors’ ratings of the general acceptance of research investigating sexual harassment in the workplace. Jurors’ beliefs about general acceptance then affected jurors’ ratings of plaintiff expert competence and research, which affected juror ratings of the probability that the plaintiff experienced a hostile work environment. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

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)     

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)     

The phenomenology of sexual harassment: Why does sexual behavior bother people in the workplace?

One of the issues that a consulting psychologist sometimes is asked to address as an expert witness in sexual harassment legal cases is how people interpret behavior to be sexually harassing. Of value in explaining why behavior is sometimes sexually harassing and sometimes not is an examination of some of the typical reasons people are bothered by sexual behavior in the workplace. Results are presented from a survey in which over 2,600 working women and men were asked to describe sexual behaviors they found to be sexually harassing at work. Nine reasons Ss were bothered by uninvited sexual attention at work were found, including exploitation of power and unprofessional behavior. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual assault and other types of sexual harassment by workplace personnel: A comparison of antecedents and consequences.

Although sexual assault by workplace personnel is widely viewed as a type of sexual harassment, little is known about whether these overlapping constructs may possess some unique characteristics. This article compares the theoretical antecedents and consequences of sexual assault by workplace personnel and other types of sexual harassment among 22,372 women employed in the U.S. military. Path analysis revealed that low sociocultural and organizational power are associated with an increased likelihood of both types of victimization. Organizational climate and job gender context are directly associated with sexual harassment but are only indirectly associated with sexual assault by workplace personnel. Both types of victimization are associated with a variety of negative outcomes, but the pattern of negative consequences differs. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Violence prediction, workplace violence, and the mental health expert.

Suggests that potential expert witnesses in civil cases arising from employee-caused work site violence should be familiar with recent findings concerning the assessment of risk for violence and with the implications of those findings. Pertinent demographic issues and the legal considerations (i.e., legislation, case law, and theories of liability) that might shape tort actions for workplace violence are reviewed. Knowledge concerning mental health professionals' ability to assess violence potential, and the practical limitations of that knowledge are summarized. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The co-occurrence of childhood sexual abuse, adult sexual assault, intimate partner violence, and sexual harassment: A mediational model of posttraumatic stress disorder and physical health outcomes.

This study examined the co-occurrence of childhood sexual abuse, adult sexual assault, intimate partner violence, and sexual harassment in a predominantly African American sample of 268 female veterans, randomly sampled from an urban Veterans Affairs hospital women's clinic. A combination of hierarchical and iterative cluster analysis was used to identify 4 patterns of women's lifetime experiences of violence co-occurrence. The 1st cluster experienced relatively low levels of all 4 forms of violence; the 2nd group, high levels of all 4 forms; the 3rd, sexual revictimization across the lifespan with adult sexual harassment; and the 4th, high intimate partner violence with sexual harassment. This cluster solution was validated in a theoretically driven model that examined the role of posttraumatic stress disorder (PTSD) as a mediator of physical health symptomatology. Structural equation modeling analyses revealed that PTSD fully mediated the relationship between violence and physical health symptomatology. Consistent with a bio-psycho-immunologic theoretical model, PTSD levels more strongly predicted pain-related physical health symptoms compared to nonpain health problems. Implications for clinical interventions to prevent PTSD and to screen women for histories of violence in health care settings are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Arbitration, mediation, and sexual harassment.

The 1998 Supreme Court decisions in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth recognized an affirmative defense to hostile environment sexual harassment claims based in part on the existence of an effective policy prohibiting sexual harassment in the workplace. The promulgation or refinement of policies prohibiting sexual harassment will likely lead to an increase in complaints of sexual harassment. This article concludes that mediation and arbitration procedures which follow recognized standards of due process are appropriate means to resolve these claims and may substantially contribute to the Title VII goal of eradicating discrimination from the workplace. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychosocial correlates of harassment, threats and fear of violence in the workplace

OBJECTIVES: The purpose of this study was to investigate work climate factors and structural job aspects as predictors of workplace violence, with particular attention to the relative influence of both sets of factors. METHODS: Telephone survey data collected by a large midwestern insurance company were analyzed. Interviewers asked 598 full-time workers about their work climate, structural job aspects, and subject and workplace demographics, all of which were used as predictor variables in regression analyses. The participants were also asked about incidents of threats, harassment, physical attacks, and fear of becoming a victim of workplace violence, all of which were used as outcome measures. RESULTS: Separate logistic regressions were carried out for each of the outcome measures. The study identified a variety of factors which appear to place workers at risk of nonfatal occupational violence. Work climate variables, such as co-worker support and work group harmony, were predictive of threats, harassment, and fear of becoming a victim of violence. Structural aspects of the job, such as work schedule, were also significant in predicting threats and fear of becoming a victim of violence, but they were not predictive of harassment. CONCLUSIONS: This is the first study which suggests that both work climate and structural aspects of work may be important in promoting workplace violence. This finding suggests that intervention strategies should consider organizational and climate issues in addition to basic security measures.     

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)     

Sexual harassment: Violence against women in the workplace.

Sexual harassment has been a fixture of the workplace since women first began to work outside the home. Although true epidemiological studies do not exist, large-scale surveys of working women suggest that approximately 1 of every 2 women will be harassed at some point during their academic or working lives. The data indicate that harassment is degrading, frightening, and sometimes physically violent; frequently extends over a considerable period of time; and can result in profound job-related, psychological, and health-related consequences. This article provides a brief review of the prevalence and consequences of sexual harassment and outlines social policy implications for research, legislation, and primary prevention. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Pragmatic support for the reasonable victim standard in hostile workplace sexual harassment cases.

The development of the objective reasonableness standard in Title VII sexual harassment cases is reviewed. The author examines major policies or goals that underlie subjective and objective aspects of the test to determine whether harassing conduct is sufficiently abusive and hostile to violate the law: (a) elimination of gender-biased norms, (b) eradication of harassment, and (c) uniformity. Four formulations of objective reasonableness are distinguished: the reasonable person, victim, woman, and employee. Problems demonstrated by courts in applying objective reasonableness standards are specified, many of which are attributed to inadequate definitional content. Empirical support for flexibility in the standard leads to recommendations favoring a reasonable victim standard that takes into account variations in the identity and circumstances of the victim including pertinent gender differences. Potential expert testimony to address these concerns is discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

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 consulting psychologist as an expert witness in sexual harassment and retaliation cases.

Presents guidelines as to how the consulting psychologist in a clinician's role might approach testifying as an expert witness in a sexual harassment or retaliation case. The following 5 guidelines are discussed: (1) becoming familiar with the sexual harassment and retaliation work policies and laws, (2) knowing the research, (3) knowing the common symptoms and relationships of the various mental disorders of the person who is harassed or who retaliates, (4) not assuming more than one role in any particular court case (e.g., not serving as both therapist and expert witness), and (5) considering ahead of time the possible retaliation factors that could be brought against an expert witness. A sample case is presented to illustrate some of these guidelines. Some ethical guidelines are also explored. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Interpersonal Mistreatment in the Workplace: The Interface and Impact of General Incivility and Sexual Harassment.

This article examined the relationships and outcomes of behaviors falling at the interface of general and sexual forms of interpersonal mistreatment in the workplace. Data were collected with surveys of two different female populations (Ns=833 and 1,425) working within a large public-sector organization. Findings revealed that general incivility and sexual harassment were related constructs, with gender harassment bridging the two. Moreover, these behaviors tended to co-occur in organizations, and employee well-being declined with the addition of each type of mistreatment to the workplace experience. This behavior type (or behavior combination) effect remained significant even after controlling for behavior frequency. The findings are interpreted from perspectives on sexual aggression, social power, and multiple victimization. (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)     

Review of Sexualized violence against women and children: A psychology and law perspective.

Reviews the book, Sexualized violence against women and children: A psychology and law perspective by B. J. Cling (see record 2004-21899-000). This book uniquely combines the fields of law and psychology in addressing the topic of sexual victimization of women and children. Clearly, violence of this nature continues to require attention in the literature, and this book provides an excellent historical and current understanding of the multifaceted issues involved in these crimes. The book consists of three parts: sexualized violence against women, sexualized violence against children, and perpetrators of sexualized violence and other harms against women and children. This is an excellent sourcebook for those who work in the area of sexual victimization, as it blends the worlds of law and psychology. It provides a thorough understanding of the interplay of victims, offenders, and the legal system. Strengths of the book include the breadth of information, as well as the citation of current literature and legal precedents. The editor has clearly chosen authors who are expert in their scholarship, allowing both the experienced clinician and the emerging professional to benefit from reading this book. (PsycINFO Database Record (c) 2010 APA, all rights reserved)