Understanding Sexual Harassment Evidence-Based Forensic Practice

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Edition: 2nd
Format: Paperback
Pub. Date: 2021-05-25
Publisher(s): American Psychological Association
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Summary

The much-anticipated revision of Evaluating Sexual Harassment: Psychological, Social, and Legal Considerations in Forensic Examinations.

This completely updated second edition provides essential information to psychologists conducting evidence-based forensic consultation and other professionals who deal with sexual harassment cases in the era of #MeToo. Skillfully integrating relevant research with current case law, the book presents a method for comprehensively evaluating sexual harassment claims.

Authors William E. Foote and Jane Goodman-Delahunty acquaint readers with clinical and social scientific literature on sexual harassment and apply it to issues that psychologists must consider in preparing ethically sound and well-substantiated forensic reports and testimony.

The second edition is a valuable resource for all professionals working with sexual harassment cases, including psychologists, psychiatrists, lawyers, judges, and human resource professionals. Experienced forensic professionals will learn about the newest developments and most recent research in their field, while novice evaluators are provided with a tested framework fully grounded in research and sound practice. 

The book will help human resources professionals understand how people’s reactions in the workplace may result in harassment, and legal professionals will benefit from the summary of research on the scientific and factual bases for forensic evaluation of sexual harassment plaintiffs. 

Author Biography

William E. Foote, PhD, obtained his doctorate from the University of New Mexico in 1978. He has taught at the UNM School of Law and in the Departments of Psychology and Psychiatry. Dr. Foote has been in private practice as a forensic psychologist, and is board certified in forensic psychology. He has held many offices in state and national organizations, including president of the American Board of Forensic Psychology, president of the New Mexico Psychological Association and president of American Psychological Association Divisions 32 and 41 (American Psychology-Law Society), and he has led many APA groups, including the Committee on Legal Issues.

Jane Goodman-Delahunty, JD, PhD, was trained in law and cognitive psychology and is a professor at the University of Newcastle Law School, Newcastle, Australia, and a member of the New South Wales Civil and Administrative Tribunal. Before moving to Sydney, Australia, she was an administrative judge for the U.S. Equal Employment Opportunity Commission and a mediator with JAMS-Endispute. She conducts transdisciplinary empirical studies and has taught Psychology and Law in Australia, China, England, Hong Kong, India, and Japan. Her recent books are Legal Psychology in Australia, Expert Evidence and Criminal Jury Trials, and Juries, Science and Popular Culture in the Age of Terror.

Table of Contents

List of Tables and Figures
Acknowledgments

Introduction: A Guide to This Book
Intended Audience
The Five-Stage Model: A Brief Introduction
Overview of This Volume

1. Foundations: History, Definitions, Theories, and the Prevalence of Workplace Sexual Harassment
A Concise History of the Term Sexual Harassment
The #MeToo Revolution
Definitions of Sexual Harassment
Theoretical Formulations of Sexual Harassment
Application of Social Science Research to Forensic Assessment
Conclusion

2. The Legal Framework in Sexual Harassment Cases
The Development of Sexual Harassment Law in Federal Cases
Legal Theories of Sexual Harassment
Legal Standards for Evaluating Employer Liability for Sexual Harassment
Legal Prohibitions Against Reprisal and Retaliation
Legal Relief, Compensatory Damages, and Punitive Damages
Expert Evidence in Sexual Harassment Cases
Topics of Expert Evidence in Sexual Harassment Cases
Conclusion

3. The Three Components of Sexual Harassment: Harassers, Targets, and Workplaces
Harassers
Victims and Targets of Workplace Sexual Harassment
Workplace Harassment Contexts
Conclusion

4. What You See Depends on Where You Stand: Perception, Welcomeness, and Reasonableness in Sexual Harassment Cases
Perceptions of Sexual Harassment
Welcomeness: The Target’s Perspective
Reasonableness: The Jury’s Perspective
Conclusion

5. The Impact of Sexual Harassment
Target Responses and Strategies to Cope With Workplace Sexual Harassment
The Psychological Impact of Workplace Sexual Harassment
Health-Related Problems
Work-Related Problems
Impact of Same-Sex Harassment on Men
Conclusion

6. Evaluating Sexual Harassment Claimants Using the Five-Stage Model
The Need for an Assessment Model
Overview of the Five-Stage Model
Conclusion

7. Alternate Dispute Resolution of Sexual Harassment Claims: Neutral Fact-Finding, Mediation, and Arbitration
Trajectory of Sexual Harassment Cases
Suitability of Sexual Harassment Cases to Informal Third-Party Intervention
Internal Avenues of Redress for Sexual Harassment
External Avenues of Redress for Sexual Harassment
Conclusion

8. Conclusion and Recommendations
The Viability of Legal Resolution of Sexual Harassment Complaints
Recommendations

Appendix A: Legal Sources of Protection Against Sexual Harassment
Appendix B: Sample Expert Report
References
Index
About the Authors

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