Sexual Harassment Litigation: a Road to Re-victimization or Recovery?
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Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n = 1218) and another sample of similarly situated women who opted out of litigation (n = 465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience.
KeywordsSexual harassment Litigation Recovery Psychological PTSD
This article is based in part on the doctoral dissertation of the first author under the direction of the second author, work supported in part by the National Institute for Mental Health under Award No. MH50791-08. Portions of this dataset were also published by Wright & Fitzgerald (2008); Collinsworth et al. (2009); and Larsen & Fitzgerald (2011). The authors would like to acknowledge the contributions of Linda Collinsworth, Fritz Drasgow, Nicole Allen, and Karla Fischer to earlier versions of the manuscript.
Compliance with Ethical Standards
This study was approved by the Human Subject’s Review Board at the University of Illinois at Urbana-Champaign.
Conflict of Interest
The authors declare that they have no conflict of interest.
All procedures followed were in accordance with the ethical standards of the responsible committee on human experimentation (national and institutional). Informed consent was obtained from all individual subjects participating in the study.
No animal studies were carried out by the authors for this article.
- Beiner, T. M. (1999). The misuse of summary judgment in hostile environment cases. Wake Forest Law Review, 34, 71–134.Google Scholar
- Cortina, L. M., & Berdahl, J. L. (2008). Sexual harassment in organizations: a decade of research in review. In J. Barling & C. L. Cooper (Eds.), Handbook of organizational behavior (Vol. 1, pp. 469–497). Thousand Oaks, CA: Sage.Google Scholar
- Derogatis, L. R. (1992). SCL-90-R administration, scoring, and procedures manual II. Towson, MD: Clinical Psychometric Research.Google Scholar
- Derogatis, L. R., & Spencer, P. M. (1982). The brief symptom inventory: administration, scoring, and procedures manual—I. Baltimore, MD: Clinical Psychometric Research.Google Scholar
- Eighth Circuit Gender Fairness Task Force. (1997). Final report and recommendations of the eighth circuit gender fairness task force. Creighton Law Review, 31, 9–181.Google Scholar
- Evans, R. W. (1994). The effects of litigation on treatment outcome with personal injury patients. American Journal of Forensic Psychology, 12, 19–34.Google Scholar
- Fitzgerald, L. F. (2003a). A new framework for sexual harassment cases: using social science data to prove emotional distress can protect clients from invasive forensic evaluations and convince jurors to award adequate compensation. Trial, 39, 36–44.Google Scholar
- Fitzgerald, L. F., Shullman, S. L., Bailey, N., Richards, M., Swecker, J., Gold, Y., ... Weitzman, L. (1988). The incidence and dimensions of sexual harassment in academia and the workplace. Journal of Vocational Behavior, 32, 152–175.Google Scholar
- Fitzgerald, L. F., Swan, S., & Magley, V. J. (1997). But was it really sexual harassment? Legal, behavioral, and psychological definitions of the workplace victimization of women. In W. O’Donohue (Ed.), Sexual harassment, theory, research, and treatment (pp. 5–28). Boston, MA: Allyn and Bacon.Google Scholar
- Freeman, L., & Fitzgerald, L. F. (1998). What is really happening in sex discrimination cases in the eighth circuit? Or, “father knows best.” In L. F. (Chair). Paper presented at the Law and Society Association, Aspen, CO.Google Scholar
- Gutheil, T. G., Bursztajn, H., Brodsky, A., & Strasburger, L. H. (2000). Preventing “critogenic” harms: minimizing emotional injury from civil litigation. The Journal of Psychiatry & Law, 28, 5–18.Google Scholar
- Holmstrom, L. L., & Burgess, A. W. (1975). Rape: the victim and the criminal justice system. International Journal of Criminology and Penology, 3, 101–110.Google Scholar
- Kilpatrick, D. G., & Otto, R. K. (1987). Constitutionally guaranteed participation in criminal proceedings for victims: potential effects on psychological functioning. The Wayne Law Review, 34, 7–28.Google Scholar
- Lipsky, D. B., Lamare, J. R., & Gupta, A. (2013). The effect of gender on awards in employment arbitration cases: the experience in the securities industry. Industrial Relations: A Journal of Exonomy & Society, 52, 314–342.Google Scholar
- Ninth Circuit Gender Bias Task Force. (1994). The effects of gender in the federal courts: the final report of the ninth circuit gender bias task force: the quality of justice. Southern California Law Review, 67, 747–1062.Google Scholar
- Pittman, R. K., Sparr, L. F., Saunders, L. S., & McFarlane, A. C. (1996). Legal issues in posttraumatic stress disorder. In B. van der Kolk, A. C. McFarlane, & L. Weisaeth (Eds.), Traumatic stress: the effects of overwhelming experience on mind, body, and society (pp. 378–397). New York, NY: The Guilford Press.Google Scholar
- Schafran, L. H. (1996). Sexual harassment cases in the courts, or therapy goes to war: supporting a sexual harassment victim during litigation. In D. Shrier (Ed.), Sexual harassment in the workplace and academia. Psychiatric issues (pp. 133–152). Washington, DC: American Psychiatric Press, Inc.Google Scholar
- Smith, P. C., Kendall, L., & Hulin, C. L. (1969). The measurement of satisfaction in work and retirement: a strategy for the study of attitudes. Chicago, IL: Rand McNally.Google Scholar
- Streseman, K. D. (1995). Headshrinkers, manmunchers, moneygrubbers, nuts and sluts: reexamining compelled mental examinations in sexual harassment actions under the Civil Rights Act of 1991. Cornell Law Review, 80, 1268–1330.Google Scholar
- Swan, S. (1995). A subjective measure of the perceived severity of sexual harassment. In Annual meeting of the association for women in psychology. Indianapolis, INGoogle Scholar
- Weathers, F. W., Litz, B. T., Herman, D. S., Huska, J. A., & Keane, T. M. (1993, October). The PTSD checklist: reliability, validity, and diagnostic utility. Paper presented at the Annual Meeting of the International Society for Traumatic Stress Studies. San Antonio, TX.Google Scholar