negative consequences on women’s psychological and physical health along with overall well-being. Although sexual harassment can obviously be directed towards any individual, this behavior most commonly occurs against women and therefore the subsequent effects have been more studied and documented. Sexual Harassment Behaviors In the state of Illinois, the Illinois Human Rights Act renders it illegal to request sexual favors and make unwelcome sexual advances in areas of employment, housing, education, and public accommodations. According to the Illinois Human Rights Act, “Sexual harassment” means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. 5 Sexual harassment may include a wide range of behaviors ranging from inappropriate comments to sexual assault. Sexual advances, requests for sexual favors, and other verbal or physical sexual behaviors may be classified as sexual harassment when: 1 • Submission to such conduct is made either explicitly or implicitly a term or condition of employment, or • Submission to or rejection of such conduct by an individual is used as a basis for employment decisions, or • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment is a broad term and can occur in a variety of circumstances. Three general categories of sexual harassment include: 3 1. Gender harassment (verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about members of one’s gender). 2. Unwanted sexual attention (verbal or physical unwelcome sexual advances). 3. Sexual coercion (when favorable professional or educational treatment is conditioned on a sexual activity). The harasser can identify with any gender and have any type of relationship to the victim. A key point is that these behaviors should usually be unwelcome by the victim. This does not necessarily mean intentional but is rather a subjective consideration by the receiving party. Sexual harassment does not always have to be directed towards a specific person and may include negative comments about a gender as a group.
Some examples of sexual harassment include: 6 • Physical acts of sexual assault • Requests for sexual favors • Verbal harassment of a sexual nature, including jokes referring to sexual acts or sexual orientation • Unwanted touching or physical contact • Unwelcome sexual advances • Discussing sexual relations/stories at work, school, or in other inappropriate places • Feeling pressured to engage with someone sexually • Exposing oneself or performing sexual acts on oneself • Unwanted sexually explicit photos, emails, or text messages Research has shown common characteristics pertaining to sexual harassment, with women experiencing it more commonly than men, and at a higher frequency. The overwhelming majority of sexual harassment involves gender harassment (88% of women) followed by unwanted sexual attention (23%) and finally sexual coercion (8%). 3 This is interesting because unwanted sexual advances and coercion are the highest reported, showing that there is still likely a significant amount of sexual harassment that is not revealed. 3 Although sexual harassment laws do not typically cover teasing or offhand comments, these behaviors can be very upsetting and have a negative emotional effect on the victim. Sexual assault, although considered a form of sexual harassment, is a criminal act, and refers to sexual contact or behavior (often physical) that occurs without the consent of the victim. 6 BEFORE MOVING ONTO THE NEXT SECTION, PLEASE COMPLETE CASE STUDY 1 ON THE NEXT PAGE. Sexual Harassment in Medicine In the fields of academic science, engineering, and medicine, it is clear that sexual harassment is a serious issue at all levels. 3 These environments share certain characteristics that create conditions that make sexual harassment more likely to occur, which in turn can limit or completely halt career opportunities for the victims and others involved. 3 Sexual harassment undermines professional and educational opportunities along with their physical and mental health. Research has demonstrated that quality and innovation in business and science benefits from a diverse workforce. Therefore, the effects of sexual harassment include significant negative consequences on advancing the nation’s economic and social well-being and it’s overall public health. 3 Sexual harassment is unfortunately common in both academia and medicine, with the National Academy of Sciences Engineering and Medicine (NASEM) report stating that greater than 50% of women faculty and staff and 20-50% of students encounter or experience sexually harassing conduct, with women students in academic medicine experiencing more frequent gender harassment than women students in science and engineering. 3
Introduction
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. 1 Harassment does not need to be specifically sexual in nature, but rather may include remarks about another person’s gender. Although the law doesn’t prohibit simple teasing or offhand comments, any behavior that creates a hostile work environment or results in an adverse employment situation would be characterized as harassment and therefore be illegal. 1 Examples of sexual harassment may include the display of sexually suggestive objects, magazines, pictures, or the sending of sexually suggestive text messages or emails that are unwanted by the receiving party. These advances are often deliberate but sometimes can be subtle or implied from the perpetrator as a direct requirement of a person’s job, housing, or educational performance. Laws like the Illinois Human Rights Act can protect employees, students, tenants, and others from sexual harassment. According to the Illinois Humans Rights Act, all workers have the right to employment free from sexual harassment and discrimination. Any charges of sexual harassment can be filed against the individual harasser as well as the employer or educational institution with the Illinois Department of Human Rights https://www2.illinois.gov/dhr/ Pages/default.aspx Though sexual harassment has been present for centuries, sex discrimination has only been illegal since the Civil Rights Act of 1964. 2 The U.S. Supreme Court did not define sexual harassment as a form of sexual discrimination until 1986. 2 In 1991, Congress modified Title VII to allow victims of sexual harassment the right to collect compensatory and punitive damages. 2 While sexual harassment stories have become more recognized and notable in the media with the #MeToo movement, sexual harassment in the field of medicine and healthcare continues to be a major concern. In fact, the problem of sexual harassment is demonstrably worse in medicine compared to similar professional fields such as science or engineering. 3 Sexual harassment not only occurs between work colleagues but is often experienced by providers during patient clinical encounters. Medicine (and society in general) has historically been a male-dominated environment, and despite more females than males currently matriculating in medical schools, women remain behind in obtaining positions of leadership. The overall proportion of women in full-time academic faculty roles has increased since 2009, with most recent data from AAMC report in 2019 stating this percentage to be at 41%. 4 Despite this increase in overall proportion of female physicians in academia, a larger percentage of men have demonstrated advancement after 7 years compared to women. 4 Also, women only make up 18% of all department chair positions. 4 In addition to the effects on professional and career development, sexual harassment may also incite
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