An Exploratory Study of the Reasonable Woman Standard: Gender-Bias in Interpreting Actionable Sexual Harassment

Robert K. Robinson
Brian J. Reithel
Geralyn Mcclure Franklin

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DOI: 10.2190/3C05-3NEE-AQQK-86G5

Abstract

This article presents the results of an exploratory study that investigated gender-differences in interpreting verbal and physical workplace behaviors as sexual harassment. Respondents were required to evaluate sexual behavior described in six vignettes in the context of current legal definitions of sexual harassment. The vignettes were drawn from the findings of fact in actual federal sexual harassment cases. After reading each vignette, the respondents were required to determine whether actionable sexual harassment had occurred within the scope of the narrow legal definition. Additionally, respondents were to select an appropriate disciplinary action that they would recommend if the incidents described in the vignettes were handled internally. Significant differences in both guilt interpretations and punishment recommendations occurred along gender lines.

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