When you think of the words “scary” and “invasive”, you may not immediately think of them describing your workplace. But inappropriate, scary, and invasive behavior happens all the time to those that deal with sexual harassment on a daily basis at work. This workplace harassment is a reality for many women and men, according to a new study by Stop Street Harassment.
Defining sexual harassment
Sexual harassment is defined as harassment (persistent pressure or intimidation) in a workplace or other professional or social situation involving unwanted sexual advances or obscene remarks. It can include comments about someone’s appearance, sexual orientation, or sex life, plus situations of quid pro quo, where there is an unwelcome or inappropriate promise of rewards in exchange for sexual favors.
Though sexual harassment is typically associated with harassment in the workplace, it can include many out-of-work scenarios, like street harassment (catcalling), school bullying, and harassment at any organization-sponsored events.
The scope of the problem: sexual harassment is more than just sexual misconduct
The aforementioned survey found that:
71% of women and
34% of men have experienced verbal harassment
while
51% of women and
17% of men have been unwelcomely touched or groped.
There has been relatively little data collected on sexual harassment, and this survey, unlike previous ones, consisted of a less narrow definition of sexual harassment, and a larger, more nationally representative sample of men and women ages 18 and above.
In addition to this, the survey examined where the subjects said the harassment took place. While the majority of those surveyed said that harassment took place in public spaces, 38% of women and 13% of men reported that harassment took place in their place of work.
Currently, Human Resources departments of companies are given the responsibility of managing and acting upon sexual harassment complaints. Most companies and organizations have a zero-tolerance policy when it comes to sexual harassment. That means that if sexual harassment allegations turn out to be true, the accused employee is at serious risk of immediate or short-notice termination.
However, HR departments run into a different issue all too often: unreported cases. According to an HR professional with over 20 years of experience, many “incidences go unreported due to fear — fear of being fired, retaliated against, considered a troublemaker, embarrassed or not taken seriously.”
In order for an HR department to make an educated decision or recommendation of action, they need to be able to prove harassment occurs. This could mean a trial period where HR watches for harassment or other complaints. During this time, it is common for alleged harassers to be given harassment prevention training and termination ultimatums from HR and their manager.
Behavioral training by a company is usually preferable to the public loudness of outright firing an employee, because in some states, that employee has the right to sue the company, citing one reason or another. What can be handled behind closed doors will be handled behind closed doors.
Sexual harassment over the years
Sexual harassment and sexual assault at the workplace has blown up in the news recently thanks to the #metoo movement and a newfound acceptance of assault as an real issue.
But it’s definitely not a new issue.
There is actually a surprising history of documented anti-sexual harassment movements in the United States. One of the first major dialogues came in 1991 after the terrible treatment of Anita Hill during her testimony in front of the Senate Judiciary committee in confirmation hearings of judge Clarence Thomas. You can find recordings of some of Anita Hill’s testimony here.
Anita Hill testifies before the Senate Judiciary Committee on Oct. 11, 1991, regarding Clarence Thomas’ confirmation to the Supreme Court.
Because of the nature of the case and the dialogue it spawned, workplace sexual harassment was a major topic of conversation and concern. Women ran for office in record numbers, and harassment complaints skyrocketed in the wake of her testimony. HR departments around the country started requiring harassment prevention training, targeting sexual misconduct and sexual immorality.
Fast forward 27 years, sexual harassment is still an issue, and the same fears held by survivors and targets of harassment are silencing them.
Sexual harassment as a crime
For scenarios inside the office, employees should submit a complaint to HR in the event of sexual harassment. The more people who report it, the more likely action will be taken.
Like sexual assault survivors, targets of sexual harassment often feel like they don’t have the ability to voice a complaint. This is often due to power dynamics in companies. If harassment was coming from a supervisor or manager, the harassed employee would be less likely to report it. People fear informal consequences of going to HR, like not being considered for promotions or being ostracized from the company. In some cases, where laws allow it, employees face the threat of losing their jobs just for bringing up a harassment issue.
Other reasons that someone might not speak up have to do with their relationship with other employees. In the case of the Forest Service, women who come out about harassers or assaulters face retaliation in the form of bullying, sexist name calling, and more harassment.
Thus, the issue continues, and harassers go unchecked.
Sexual harassment in other settings
Although sexual harassment seems synonymous with workplace harassment, there are many, very common forms of harassment that exist outside of the office.
Sexual harassment is also very common on college campuses, where nearly two thirds of students have experienced it.
Though troubling, this statistic is hardly surprising. Mild harassment can lead to sexual assault in the future if left unaddressed, and college campuses still have a higher than average rate of sexual assault.
Many of the same behaviors that define sexual harassment in the workplace can apply to sexual harassment in a school setting. Sexual favors for good grades in classes, sexually explicit notes and pictures, and sex-based bullying are issues faced by students and faculty.
See the “Explicit Sexual Talk” portion of a graduate student’s account of harassment by a professor. She experienced the same power dynamics that many women feel in the the workplace, this time from a recognized professor, someone with the potential to discredit her entire career if she came out against him.
Like sexual harassment in the workplace, sexual harassment in schools is considered a part of or subsection of sex-based discrimination, and is illegal under those discrimination laws. The actions above are prohibited by federal law under Title IX of the Education Amendments of 1972.
Where to go from here
Although the lack of change in laws and the statistics are disheartening, experts believe that attitudes are shifting. There is more and more response to sexual harassment, and more and more women are entering the workforce, balancing out management positions.
Anita Hill, 27 years after her hearing, reflects on her impact and the future of workplace harassment;
“I see [1991 and 2017] as part of an arc, and an arc that has been been bending towards justice.”
She says that more people would believe the harassment now than in 1991.
Whether driven by self-reflective understanding of shortcomings or fear of public outcry and legal action, over 52% of companies in the United States have reviewed their sexual harassment policies. 43% of them found their policies less than satisfactory, implying change is in the air on the company side of sexual harassment complaints.
As for legislation, California shows the most reaction to the #metoo movement, with three new bills relating to harassment going up for vote in 2018. They expanded upon existing bills, ensuring complaints remain longer in HR records, expanding sexual harassment training requirements, and granting time off to those who experienced sexual harassment.
Hill told students of Rutgers University during spring commencement that after the #metoo movement, “we will never be the same” again.
As for federal law, the agency tasked with enforcing anti-discrimination laws–The Equal Employment Opportunity Commission–has seen little movement or action since an anti-harassment recommendation in 1999. It seems as though the federal government sees sexual harassment as an issue to be handled by individual states.
Whether by law or by company, harassment ought to be handled quickly and effectively. With an optimistic and vigilant eye on the future, we have the potential to see the end of sexual harassment, or at the least a significant pivot in societal attitudes towards it.
Originally Published at Ulzi.com.
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