14. See Douglas D. Baker, David E. Terpstra, and Kinley Larntz, “The Influence of Individual Characteristics and Severity of Harassing Behavior on Reactions to Sexual Harassment,” Sex Roles 22, no. 5–6 (Mar. 1990): 305–325; and David E. Terpstra and Douglas D. Baker, “The Identification and Classification of Reactions to Sexual Harassment,” Journal of Organizational Behavior 10, no. 1 (Jan. 1989): 1–14.
15. Julie A. Woodzicka and Marianne LaFrance, “Real Versus Imagined Gender Harassment,” Journal of Social Issues 57, no. 1 (Spring 2001): 15–30.
16. Louise F. Fitzgerald, Karla Fischer, and Suzanne Swan, “Why Didn’t She Just Report Him? The Psychological and Legal Implications of Women’s Responses to Sexual Harassment,” Journal of Social Issues 51, no. 1 (Spring 1995): 117–38.
17. Another EEOC regional attorney, William R. Tamayo, also said that over the years he has consistently seen sexual harassment cases that involve allegations of retaliation.
18. Fitzgerald, Fischer, and Swan, “Why Didn’t She Just Report Him?”
19. In farmwork: Jeanne Murphy et al., “‘They Talk like That, but We Keep Working’: Sexual Harassment and Sexual Assault Experiences Among Mexican Indigenous Farmworker Women in Oregon,” Journal of Immigrant and Minority Health 17, no. 6 (Dec. 2015): 1834–39; in the military: Michelle A. Mengeling et al., “Reporting Sexual Assault in the Military: Who Reports and Why Most Servicewomen Don’t,” American Journal of Preventive Medicine 47, no. 1 (July 2014): 17–25; and in academia: Laurie A. Rudman, Eugene Borgida, and Barbara A. Robertson, “Suffering in Silence: Procedural Justice Versus Gender Socialization Issues in University Sexual Harassment Grievance Procedures,” Basic and Applied Social Psychology 17 (1995), no. 4: 519–41.
20. Mindy E. Bergman et al., “The (Un)reasonableness of Reporting: Antecedents and Consequences of Reporting Sexual Harassment,” Journal of Applied Psychology 87, no. 2 (May 2002): 230–42.
21. Kimberly A. Lonsway, Rebecca Paynich, and Jennifer N. Hall, “Sexual Harassment in Law Enforcement: Incidence, Impact, and Perception,” Police Quarterly 16, no. 2 (June 2013): 177–210.
22. Beth E. Schneider, “Put Up and Shut Up: Workplace Sexual Assaults,” Gender and Society 5, no. 4 (Dec. 1991), 533–48.
23. Neil M. Malamuth, Scott Haber, and Seymour Feshbach, “Testing Hypotheses Regarding Rape: Exposure to Sexual Violence, Sex Differences, and the ‘Normality’ of Rapists,” Journal of Research in Personality 14, no. 1 (Mar. 1980): 121–37.
24. Neil M. Malamuth et al., “Characteristics of Aggressors Against Women: Testing a Model Using a National Sample of College Students,” Journal of Consulting and Clinical Psychology 59, no. 5 (Nov. 1991): 670; and Neil M. Malamuth, Christopher L. Heavey, and Daniel Linz, “Predicting Men’s Antisocial Behavior Against Women: The Interaction Model of Sexual Aggression,” in Gordon C. Nagayama Hall et al., ed., Sexual Aggression: Issues in Etiology, Assessment and Treatment (Washington, DC: Hemisphere, 1993), 63–97.
25. Neil M. Malamuth, “Rape Proclivity Among Males,” Journal of Social Issues 37, no. 4 (Oct. 1981), 138–57.
26. Neil M. Malamuth et al., “Using the Confluence Model of Sexual Aggression to Predict Men’s Conflict with Women: A 10-Year Follow-up Study,” Journal of Personality and Social Psychology 69, no. 2 (Aug. 1995); 353.
27. John B. Pryor, “Sexual Harassment Proclivities in Men,” Sex Roles 17, no. 5–6 (Sept. 1987): 269–90.
28. John B. Pryor, Christine M. LaVite, and Lynnette M. Stoller, “A Social Psychological Analysis of Sexual Harassment: The Person/Situation Interaction,” Journal of Vocational Behavior 42, no. 1 (Feb. 1993): 68–83.
29. John B. Pryor, Janet L. Giedd, and Karen B. Williams, “A Social Psychological Model for Predicting Sexual Harassment,” Journal of Social Issues 51, no. 1 (Spring 1995), 69–84.
30. John A. Bargh et al., “Attractiveness of the Underling: An Automatic Power? Sex Association and Its Consequences for Sexual Harassment and Aggression,” Journal of Personality and Social Psychology 68, no. 5 (May 1995): 768–81.
31. Louise F. Fitzgerald et al., “Antecedents and Consequences of Sexual Harassment in Organizations: A Test of an Integrated Model,” Journal of Applied psychology 82, no. 4 (Aug. 1997), 578–89; see also: Jill Hunter Williams, Louise F. Fitzgerald, and Fritz Drasgow, “The Effects of Organizational Practices on Sexual Harassment and Individual Outcomes in the Military,” Military Psychology 11 (1999), no. 3: 303–28; and Charles L. Hulin, Louise F. Fitzgerald, and Fritz Drasgow, Organizational Influences on Sexual Harassment (Thousand Oaks, CA: Sage Publications, 1996).
32. Based on statistics from the U.S. Equal Employment Opportunity Commission, “Charges Alleging Sex-Based Harassment (Charges filed with EEOC) FY 2010–FY 2016,” www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment_new.cfm. This data does not include sexual harassment reports made to state agencies.
6. The Ways Forward
1. The June 2016 report published by the EEOC summarizes the research on sexual harassment training: Chai R. Feldblum and Victoria A. Lipnic, Report of the Select Task Force on the Study of Harassment in the Workplace, www.eeoc.gov/eeoc/task_force/harassment/report.cfm. For studies more specifically of workplace training, see Shereen G. Bingham, and Lisa L. Scherer, “The Unexpected Effects of a Sexual Harassment Educational Program,” Journal of Applied Behavioral Science 37, no. 2 (June 2001): 125–53; and Vicki J. Magley et al., “Changing Sexual Harassment Within Organizations via Training Interventions: Suggestions and Empirical Data,” in Ronald J. Burke & Cary L. Cooper, ed., The Fulfilling Workplace: The Organization’s Role in Achieving Individual and Organizational Health (Surrey, UK: Gower, 2013), 225–46.
2. Feldblum and Lipnic, Report of the Select Task Force on the Study of Harassment.
3. Fair Foods Standards Council, “2015 Fair Food Program Annual Report,” www.allianceforfairfood.org/news/2016/2/17/recently-released-and-available-for-download-the-2015-fair-food-program-annual-report.
4. Extreme physical sexual harassment is outlawed by Title VII of the Civil Rights Act of 1964, and as a result, some states and local jurisdictions require some employers to offer sexual harassment training that discusses rights and reporting. However, there are no federal standards that specifically spell out what employers must do to prevent on-the-job sexual assault or rape.
5. See: 12 New York Codes, Rules and Regulations, Part 800.6, Public Employer Workplace Violence Prevention Programs.
6. Washington State Department of Labor & Industries, Division of Occupational Safety and Health, “Workplace Violence: Awareness and Prevention for Employers and Employees,” www.lni.wa.gov/IPUB/417-140-000.pdf.
7. These new policies emerged out of rule-making by California’s Department of Industrial Relations, and the final text can be viewed here: www.dir.ca.gov/oshsb/documents/Workplace-Violence-Prevention-in-Health-Care-apprdtxt.pdf.
7. ¡Sí Se Pudo! Yes We Did!
1. Based on analysis of federal data from the U.S. Census: Survey of Small Business Owners, County Business Patterns, and Statistics of U.S. Businesses.
2. Nicole B. Porter, “Women, Unions, and Negotiation,” Nevada Law Journal 14 (Spring 2014): 465–95.
3. Marion Crain and Ken Matheny, “Labor’s Identity Crisis,” California Law Review 89, no. 6 (Dec. 2001): 1767–1846.
4. Ibid.
5. Marion Crain and Ken Matheny, “Labor’s Divided Ranks: Privilege and the United Front Ideology,” Cornell Law Review 84, no. 6 (Sept. 1999): 1542–1626.
6. Marion Crain, “Between Feminism and Unionism: Working Class Women, Sex Equality, and Labor Speech,” Georgetown Law Journal 82 (July 1994): 1903.
7. This statement was provided in 2015 as part of the Rape on the Night Shift reporting. Subsequent correspondence from the company to the author, sent in June 2015, reiterated that the company has state-of-the-art policies on investigating and handling sexual harassment complaints by its employees.
8. Though Georgina Hernández’s sexual harassment lawsuit was filed
against both the company she worked for and her supervisor, the case was resolved before the supervisor could be served. The settlement resolved the case for all parties.
9. Kim Bobo, Wage Theft in America: Why Millions of Working Americans Are Not Getting Paid and What We Can Do About It (New York: The New Press, 2011).
10. Human Impact Partners, UCLA Labor Center, and Restaurant Opportunities Center–Los Angeles, “Health Impact Assessment of the Proposed Los Angeles Wage Theft Ordinance,” Aug. 2014, www.labor.ucla.edu/wp-content/uploads/downloads/2014/08/wage_theft_report_082514_KF.pdf.
11. Ibid.
12. California Senate Bill 588, “Employment: Nonpayment of wages: Labor Commissioner: Judgment Enforcement,” 2015.
13. Brian Watt, “With Minimum Wage on the Rise, Labor Leaders Focus on Wage Theft,” Southern California Public Radio, KPCC, Sept. 7, 2015.
14. Sara Hinkley, Annette Bernhardt, and Sarah Thomason, “Race to the Bottom: How Low-Road Subcontracting Affects Working Conditions in California’s Property Services Industry,” Labor Center, UC Berkeley, Mar. 8, 2016, laborcenter.berkeley.edu/race-to-the-bottom.
15. California Assembly Bill 1978, “Property Workers Protection Act,” 2016.
16. The Ya Basta Coalition includes organizations such as Worksafe, Futures Without Violence, Equal Rights Advocates, the California Coalition Against Sexual Assault, the Maintenance Cooperation Trust Fund, SEIU United Workers West, and the University of California–Berkeley’s Labor Occupational Health Program.
Index
“In this digital publication the page numbers have been removed from the index. Please use the search function of your e-Reading device to locate the terms listed.”
Abarca, Esther
Aberman, Judy
ABM Industries
Abrigo, Jessica
Abundez, Jacqueline
Adams, Lindsay
Adhikaar for Human Rights
AEquitas
African Americans: racial exclusions in New Deal federal labor laws; and “real rape” stereotype
AgSafe
Alfaro, Blanco
Alianza de Mujeres Activas y Solidarias (ALMAS)
Álvarez, Magdalena
American Building Maintenance. See ABM Industries
American Federation of Labor-Congress of Industrial Organizations (AFL-CIO)
American Federation of State, County and Municipal Employees
Andolan—Organizing South Asian Workers
ASISTA
BakerHostetler (law firm)
Baldonado, Myrla
Baltimore Police Department: DOJ investigation of treatment of sexual assault victims (2016); misclassification of sexual assault cases
“bandana project” (2007)
Barajas, Danelia
Barksdale-Sloan, Edith
Barrett, June
Bergman, Lowell
Bergman, Mindy
Bobo, Kim
Bojórquez, María
Brazilian Workers Center (Massachusetts)
Breckwich Vásquez, Victora
Brown, Jerry
Browne, Erline
Bush, George H.W.
bystander intervention trainings
Cairns, Carolyn
California: anti-wage theft bill; Central Valley; domestic workers’ legislation and bill of rights; labor commissioner’s cases against cleaning companies; legislation addressing cleaning companies and harassment of janitorial workers; workplace violence standards for health care workers
California Coalition Against Sexual Assault
California Department of Fair Employment and Housing
California Domestic Workers Bill of Rights
California Domestic Workers Justice Coalition
California Immigrant Policy Center
California Labor Commissioner’s Office
California Nurses Association/National Nurses Organizing Committee
California Nurses Association/National Nurses United
California Occupational Health and Safety Standards Board
California Rural Legal Assistance (CRLA)
Campesinas Unidas
caregivers, live-in. See also domestic workers
Carter, Jimmy
Castillo, Bonnie
The Center for Investigative Reporting
Centers for Disease Control and Prevention (CDC)
chastity requirements and history of rape laws
Chávez, César
Chávez, Guadalupe; case investigation; case prosecution; criminal jury trial; reporting her assault
Chicago Coalition of Household Workers
Ciuffini, Kathy
Civil Rights Act of 1964, Title VII. See also Title VII of the Civil Rights Act of 1964
cleaners. See janitors and night-shift cleaners
Coalition for Humane Immigrant Rights of Los Angeles
Coalition of Immokalee Workers: Fair Food Program; workplace sexual violence training for farmworkers
Coalition of Labor Union Women
La Colectiva de Mujeres de San Francisco
Cornell University’s Industry and Labor Relations School
Cortina, Lilia
Crain, Marion G.
Crenshaw, Kimberlé Williams
criminal investigations
criminal prosecutions; farmworker Guadalupe Chávez’s case; janitor Leticia Zúñiga’s case; and legal standard for sex-crime convictions; prosecutors’ consideration of conviction rates; prosecutors’ political considerations; wrongful convictions
CRLA. See California Rural Legal Assistance (CRLA)
Damayan Migrant Workers Association
DataCenter (San Francisco)
de la Cruz, Alegría
de la Cruz, Julia
DeCoster Farms (Iowa)
Del Bosque, Joe
Díaz, Sandra
domestic violence; reporting; and stereotype of “real rape”; and workplace violence training
domestic workers; advocates and advocacy groups; African American women; California legislation; difficulty of finding legal recourse in civil courts; exclusion from federal labor laws; isolated and intimate work of; job placement agencies; June Barrett’s story; legislative reform movement; live-in domestic caregivers; local campaigns and state ordinances; minimum wage laws; Myrla Baldonado’s story; National Domestic Workers Alliance; New York campaigns and legislations; states and Domestic Workers’ Bill of Rights; trafficking of
Domestic Workers Assembly (South Florida)
Domestic Workers’ Bill of Rights; California;
Illinois; New York
Domestic Workers Justice Coalition
Domestic Workers United
Duke University lacrosse team
East Los Angeles Women’s Center
“Economic Agenda for Working Women and Our Families” (AFL-CIO)
Edwards, Dorothy
EEOC. See U.S. Equal Employment Opportunity Commission
El Salvador, labor immigrants from
End Violence Against Women International: “Making a Difference Project” study of false rape reporting (2009); and stereotype of “real rape”; study of sexual harassment among law enforcement (2013)
Epic Health Services
Equal Rights Advocates
Evans, Bill
Evans, Jeannette
Evans, Tim
Evans Fruit (Washington); adoption of a sexual harassment policy; EEOC complaints filed by workers; EEOC lawsuit against; EEOC’s appeal of the verdict; Esther Abarca’s story; female workers’ trial testimony; fruit pickers’ assault allegations against Juan Marín; jury verdict and ruling for; Marín’s testimony; Norma Valdez’s story; trial
Fair Food Program (Coalition of Immokalee Workers)
Fair Foods Standards Council; 2015 annual report; workplace sexual violence training
false rape reports and unfounded cases
family and medical leave
Family Violence Prevention Fund
farmworkers; Bla
nca Alfaro’s story; California Rural Legal Assistance and Latino farmworkers; EEOC lawsuit against Evans Fruit; efforts to create fair and safe working conditions for; Esther Abarca’s story; Evans Fruit case and fruit pickers’ complaints against Juan Marín; Evans Fruit trial and testimony; extent of abuses and hazards for; filing formal complaints and lawsuits; Guadalupe Chávez’s story; Human Rights Watch’s study of sexual harassment of immigrant women; isolation; Norma Valdez’s story; rape; “Rape in the Fields” (documentary); sexual harassment prevention programs; sexual violence training programs at Pacific Tomato Growers; Southern Poverty Law Center’s “bandana project”
federal government employees
federal labor laws: and African American workers; exclusion of domestic workers; Federal Labor Standards Act (1938); minimum wage; National Labor Relations Act; New Deal legislation; OSHA; overtime pay; Title VII of the Civil Rights Act of 1964; and workplace violence prevention
Federal Labor Standards Act (1938)
Filipino Advocates for Justice
Fisher, Cameron
Fitzgerald, Louise; on effectiveness of workplace sexual violence training programs; on organizational culture and sexual harassment in the workplace; research on women’s responses to sexual harassment
Flores, Anel
Florida Immigrant Advocacy Center
Freedman, Estelle
Freeman, Mike
Futures Without Violence; Low Wage, High Risk project
García, Angel
García, Lilia. See also Maintenance Cooperation Trust Fund (MCTF)
García, María
garment factory workers
gender identity and sexual orientation, discrimination based on
Gender Justice
“general duty clause” of the Occupational Safety and Health Act
González, Marco
González-Fletcher, Lorena
Granados, Wendy
Graves, Fatima Goss
Green Dot program
Gross, Donna
Haitian Women for Haitian Refugees
Hand in Hand: The Domestic Employer Network
Harris Farms (California)
Hart, Mechthild
In a Day's Work Page 22