Proactive Versus Reactive Resolution Mechanisms for Sexual Harassment: An Argument to Extend OSHA Protection
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Date
2022-02-18
Authors
Osborn, Sarah
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
Sexual harassment in the workplace is ultimately connected to the overall health and safety of workers. Thousands of workers file sexual harassment charges each year under Title VII, the federal anti-discrimination law with the Equal Employment Opportunity Commission. These claims include conduct such as verbal threats, confinement, coercion, and assault, either categorized as quid pro quo or as creating a hostile work environment. There are currently no specific federal workplace safety and health standards to address problems of sexual harassment, despite OSHA’s precedent. If OSHA recognized sexual harassment as an explicit workplace safety issue where the risk of violence or injury are significant, its General Duty Clause would require the employer to take feasible steps to minimize those risks. Social science supports this proposal as growing research demonstrates the connections between sexual harassment and worker safety and health.