„‚ CONDITIONS THAT HINDER EFFECTIVE COMMUNICATION

U.S. Initiatives
The U.S. government passed the Civil Rights Act of 1991 in order to extend the
provisions of Title VII of the existing Civil Rights Act to “protect against and deter
unlawful discrimination and harassment in the workplace,” including sexual
discrimination and harassment.
The U.S. law defines sexual harassment as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or
3. 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.
These definitions cover both men and women and apply to all types of job-related
interactions. A third party also may file a complaint if such behavior offends him or her,
even if neither of the two people involved has complained. For example, if two people
are telling sexual jokes in the work setting and a third person who overhears them is
offended, that person may complain.
In recognition of the lack of developmental opportunities for women (and other
minorities) in the workplace, the U.S. Congress included the “Glass Ceiling Act” in the
Civil Rights Act of November, 1991, stating that “despite a dramatically growing
presence in the workplace, women and minorities remain underrepresented in
management and decision-making positions” and citing “artificial barriers exist to
advancement . . . lack of access to credential-building developmental opportunities and
the desirability of eliminating artificial barriers to their advancement” (Pfeiffer &
Company, 1992, p. 53). This act establishes a commission to study the artificial barriers
to the development and advancement of women and minorities, the manner in which
business fills management and decision-making positions, the developmental
experiences that foster advancement to such positions, and the compensation and reward
structures currently used in U.S. business.
Two Types of Harassment
Two types of sexual harassment have been defined in the U.S. (Carbonell,
Higginbotham, & Sample, 1990). Quid pro quo harassment occurs when a sexual act is
the prerequisite condition to employment, promotion, or any other job benefit or when
refusal to engage in a sexual act results in being fired, being denied promotion, or
having a job benefit withheld.
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The Pfeiffer Library Volume 6, 2nd Edition. Copyright ©1998 Jossey-Bass/Pfeiffer