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==Etymology and history== The modern legal understanding of sexual harassment was first developed in the 1970s, although related concepts have existed in many cultures. === The term "sexual harassment" === Legal activist [[Catharine MacKinnon]] is generally credited with creating the laws surrounding sexual harassment in the United States with her 1979 book entitled ''Sexual Harassment of Working Women''.<ref name="U.Mich-2018" /> She used the term that appeared in a 1973 report about discrimination called ''"Saturn's Rings"'' by [[Mary Rowe]], Ph.D.<ref>{{Cite journal|last1=Kamberi|first1=Ferdi|last2=Gollopeni|first2=Besim|date=2015-12-01|title=The Phenomenon of Sexual Harassment at the Workplace in Republic of Kosovo|url=https://www.researchgate.net/publication/316515762|journal=International Review of Social Sciences|volume=3|pages=13|access-date=2018-04-12|archive-url=https://web.archive.org/web/20181003100810/https://www.researchgate.net/publication/316515762|archive-date=2018-10-03|url-status=live}}</ref> At the time, Rowe was the Special Assistant to the President and Chancellor for Women and Work at the [[Massachusetts Institute of Technology]] (MIT).<ref>Rowe, Mary, "Saturn's Rings," a study of the minutiae of sexism which form part of the scaffolding of sex and gender discrimination throughout contemporary society; published in Graduate and Professional Education of Women, American Association of University Women, 1974, pp. 1–9. "Saturn's Rings II" is a 1975 updating of the original, with racist and sexist incidents from 1974 and 1975. Revised and republished as "The Minutiae of Discrimination: The Need for Support," in Forisha, Barbara and Barbara Goldman, Outsiders on the Inside, Women in Organizations, Prentice-Hall, Inc., New Jersey, 1981, Ch. 11, pp. 155–171. {{ISBN|978-0-13-645382-6}}.</ref> Due to her efforts at MIT, the university was one of the first large organizations in the U.S. to develop specific policies and procedures aimed at stopping sexual harassment. Rowe says that harassment of women in the workplace was being discussed in women's groups in Massachusetts in the early 1970s. At [[Cornell University]], instructor [[Lin Farley]] discovered that women in a discussion group repeatedly described being fired or quitting a job because they were harassed and intimidated by men.<ref name = "ss">{{cite book|last=Farley|first=Lin|title=Sexual Shakedown: The Sexual Harassment of Women on the Job|isbn=0070199574|url=https://archive.org/details/sexualshakedowns00far_x3q|year=1978|publisher=McGraw-Hill|url-access=registration}}</ref> She and colleagues used the term "sexual harassment" to describe the problem and generate interest in a "Speak Out" in May 1975. She later described sexual harassment at length in 1975 testimony before the New York City Human Rights Commission.<ref>"Testimony given by Lin Farley", ''Hearings on women in blue-collar, service, and clerical occupations|publisher=Commission on Human Rights of the City of New York,'' April 21, 1975</ref><ref>{{cite book|last1=MacKinnon|first1=Catharine A.|last2=Siegel|first2=Reva B.|title=Directions in Sexual Harassment Law|url=https://books.google.com/books?id=IhYip0PqV4EC&q=lin+farley&pg=PA8|year=2004|publisher=Yale University Press|isbn=0-300-09800-6|page=8|access-date=2020-10-04|archive-date=2023-01-21|archive-url=https://web.archive.org/web/20230121175235/https://books.google.com/books?id=IhYip0PqV4EC&q=lin+farley&pg=PA8|url-status=live}}</ref> In the book ''In Our Time: Memoir of a Revolution'' (1999), journalist [[Susan Brownmiller]] says the women at Cornell became public activists after being asked for help by [[Carmita Dickerson Wood]], a 44-year-old single mother who was being harassed by a faculty member at Cornell's Department of Nuclear Physics.<ref>{{Cite news|last=Aron|first=Nina Renata|url=https://timeline.com/carmita-wood-sexual-harrassment-f2c537a0e1e8|title=Groping in the Ivy League led to the first sexual harassment suit—and nothing happened to the man|date=2017-10-20|work=Timeline|access-date=2018-04-11|archive-date=2020-09-29|archive-url=https://web.archive.org/web/20200929070012/https://timeline.com/carmita-wood-sexual-harrassment-f2c537a0e1e8|url-status=dead}}</ref><ref>{{Cite book|url=https://books.google.com/books?id=nuY_BAAAQBAJ&q=carmita+wood&pg=PA146|title=Cornell: A History, 1940–2015|last1=Altschuler|first1=Glenn C.|last2=Kramnick|first2=Isaac|date=2014-08-12|publisher=Cornell University Press|isbn=9780801471889|pages=146|language=en|access-date=2020-10-04|archive-date=2023-01-21|archive-url=https://web.archive.org/web/20230121175235/https://books.google.com/books?id=nuY_BAAAQBAJ&q=carmita+wood&pg=PA146|url-status=live}}</ref><ref>{{Cite book|last=Brownmiller|first=Susan|title=In our time : memoir of a revolution|date=1999|publisher=Dial Press|isbn=0-385-31486-8|location=New York|pages=281|oclc=41885669}}</ref> Farley wrote a book, ''Sexual Shakedown: The Sexual Harassment of Women on the Job'', published by McGraw-Hill in 1978 and in a paperback version by Warner Books in 1980.<ref name = "ss"/> These activists, Lin Farley, Susan Meyer, and Karen Sauvigne, went on to form [[Working Women United]], which, along with the [[Alliance Against Sexual Coercion]] (founded in 1976 by [[Freada Klein]], Lynn Wehrli, and Elizabeth Cohn-Stuntz), was among the pioneer organizations to bring sexual harassment to public attention in the late 1970s. One of the first legal formulations of the concept of sexual harassment as consistent with sex discrimination and therefore prohibited behavior under [[Civil Rights Act of 1964|Title VII of the Civil Rights Act of 1964]] appeared in the 1979 seminal book by Catharine MacKinnon<ref name="U.Mich-2018">{{Cite web|url=https://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=camtwo|title=MacKinnon, Catharine A.|website=University of Michigan Law School|language=en-US|url-status=live|archive-url=https://web.archive.org/web/20180411204853/https://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=camtwo|archive-date=2018-04-11|access-date=2018-04-11}}</ref> entitled "Sexual Harassment of Working Women".<ref>{{cite book | last = MacKinnon | first = Catharine | title = Sexual Harassment of Working Women: A Case of Sex Discrimination. | publisher = Yale University Press | location = New Haven, Connecticut | year = 1979 | isbn = 9780300022995 | url-access = registration | url = https://archive.org/details/sexualharassment00cath }}</ref> === Key cases === Sexual harassment first became codified in U.S. law as the result of a series of sexual harassment cases in the 1970s and 1980s. Many of the early women pursuing these cases were African American, often former civil rights activists who applied principles of civil rights to sex discrimination.<ref name="Lipsitz-2017">{{Cite news|url=https://www.thenation.com/article/sexual-harassment-law-was-shaped-by-the-battles-of-black-women/|title=Sexual Harassment Law Was Shaped by the Battles of Black Women|last=Lipsitz|first=Raina|date=2017-10-20|work=The Nation|access-date=2018-04-12|language=en-US|issn=0027-8378|archive-url=https://web.archive.org/web/20180408074746/https://www.thenation.com/article/sexual-harassment-law-was-shaped-by-the-battles-of-black-women/|archive-date=2018-04-08|url-status=live}}</ref> ''[[Diane R. Williams|Williams]] v. Saxbe'' (1976) and ''[[Barnes v. Train|Paulette L. Barnes, Appellant, v. Douglas M. Costle, Administrator of the Environmental Protection Agency]]'' (1977) determined it was sex discrimination to fire someone for refusing a supervisor's advances.<ref name="Lipsitz-2017" /><ref>{{Cite book|url=https://books.google.com/books?id=2wBPD1vvTCYC&q=%22Diane+Williams%22&pg=PA92|title=The Women's Movement Against Sexual Harassment|last=Baker|first=Carrie N.|date=2008|publisher=Cambridge University Press|isbn=9780521879354|language=en|access-date=2020-10-04|archive-date=2023-01-21|archive-url=https://web.archive.org/web/20230121175236/https://books.google.com/books?id=2wBPD1vvTCYC&q=%22Diane+Williams%22&pg=PA92|url-status=live}}</ref> Around the same time, ''[[Bundy v. Jackson]]'' (1981) was the first [[United States courts of appeals|federal appeals court]] case to hold that workplace sexual harassment was employment discrimination.<ref>{{Cite news|last=Mullins|first=Luke|url=https://www.washingtonian.com/2018/03/04/hertoo-40-years-ago-this-woman-helped-make-sexual-harassment-illegal-sandra-bundy/|title=#HerToo: 40 Years Ago This Woman Helped Make Sexual Harassment Illegal|date=2018-03-04|work=Washingtonian|access-date=2018-04-10|url-status=live|language=en-US|archive-url=https://web.archive.org/web/20180410135537/https://www.washingtonian.com/2018/03/04/hertoo-40-years-ago-this-woman-helped-make-sexual-harassment-illegal-sandra-bundy/|archive-date=2018-04-10}}</ref> Five years later the [[Supreme Court of the United States|Supreme Court]] agreed with this holding in ''[[Meritor Savings Bank v. Vinson]].'' Another pioneering legal case was ''[[Alexander v. Yale]]'' (1980), which established that the sexual harassment of female students could be considered sex discrimination under [[Title IX]], and was thus illegal. The first class-action lawsuit, ''[[Jenson v. Eveleth Taconite Co.]]'', was filed in 1988 (concluding nine years later). === Beyond sexual advances === The definition of sexual harassment has changed over time, and legal definitions now differ in some ways from those used by psychologists and other researchers. Over the 1980s and 1990s, psychologists defined ''gender harassment'' as a key subtype of sexual harassment. Gender harassment is a class of verbal or nonverbal behaviors that insult or provoke based on gender: examples include sexual comments or jokes, sexualized imagery, and comments based on gendered stereotypes.<ref name="Fitzgerald-1995" /><ref>{{Cite journal |last1=Berdahl |first1=Jennifer L. |last2=Magley |first2=Vicki J. |last3=Waldo |first3=Craig R. |date=1996 |title=The Sexual Harassment of Men? |url=https://doi.org/10.1111/j.1471-6402.1996.tb00320.x |journal=Psychology of Women Quarterly |volume=20 |pages=531–532 |doi=10.1111/j.1471-6402.1996.tb00320.x |via=Sage Journals|url-access=subscription }}</ref> Notably, all of these examples were provided in Rowe's original 1973 ''Saturn's Rings'' report on sexual harassment and discrimination.<ref>{{Cite journal |last=Rowe |first=Mary P. |date=December 1973 |title=The Progress of Women in Educational Institutions: The Saturn's Rings Phenomenon |url=https://dspace.mit.edu/bitstream/handle/1721.1/155302/Rowe_PA_1973_Saturns-Rings-with-Case-Study.pdf?sequence=1&isAllowed=y |journal=Report to MIT Academic Council}}</ref> There are many motivations for gender harassment, but two important ones are sexist beliefs and [[gender policing]]. Both factors cause gender harassment to reinforce existing [[gender role]]s, causing legal scholar [[Katherine Franke]] to label gender harassment as "a technology of sexism."<ref name=":1">{{Cite journal |last1=Rabelo |first1=Verónica Caridad |last2=Cortina |first2=Lilia M. |date=2014 |title=Two Sides of the Same Coin: Gender Harassment and Heterosexist Harassment in LGBQ Work Lives |url=https://doi.org/10.1037/lhb0000087 |journal=Law and Human Behavior |volume=38 |issue=4 |pages=379–380|doi=10.1037/lhb0000087 |pmid=24933169 |url-access=subscription }}</ref> Because gender harassment has nothing to do with sexual attraction and is not a type of sexual advance, it can be confusing that it is a type of sexual harassment, when the word "sexual" seems to imply underlying sexual desire. Some researchers have advocated for the term "sexual harassment" to be replaced with "sex-based harassment" to emphasize the fact that these types of harassment center on someone's gender, not the presence of sexual desire in harassment.<ref name=":1" /> In the late 1990s, some legal scholars began to advocate for more explicitly including gender harassment in sexual harassment law, but this was a minority view.<ref>{{Cite journal |last1=Leskinen |first1=Emily A. |last2=Cortina |first2=Lilia M. |last3=Kabat |first3=Dana M. |date=2010 |title=Gender Harassment: Broadening Our Understanding of Sex-Based Harassment at Work |url=https://doi.org/10.1007/s10979-010-9241-5 |journal=Law and Human Behavior |volume=35 |issue=1|pages=25–39 |doi=10.1007/s10979-010-9241-5 |pmid=20661766 |url-access=subscription }}</ref> Existing sexual harassment law frequently does cover some instances of gender harassment, but it is often viewed as less severe than other types of sexual harassment in a legal context. However, psychologists continue to emphasize study of gender harassment because it is by far the most common type of harassment and has major negative consequences both for the individuals faced with it and the groups who are exposed to repeated gender harassment.<ref>{{Cite journal |last1=Parker |first1=Sharon K. |last2=Griffin |first2=Mark A. |date=2002 |title=What Is So Bad About a Little Name-Calling? Negative Consequences of Gender Harassment for Overperformance Demands and Distress |url=https://doi.org/10.1037//1076-8998.7.3.195 |journal=Journal of Occupational Health Psychology |volume=7 |issue=3 |pages=195–196|doi=10.1037/1076-8998.7.3.195 |pmid=12148952 |url-access=subscription }}</ref>
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