Let Us Rid Our Work Place of Sexual Harassment
Sexuality is a fundamental human trait. Like most such attributes, our sexuality is an everyday reality and normally enhances our lives. The problem with sexual harassment arises when individuals fail to recognize when and where sexual content in speech or actions is not welcome. And seldom is direct sexual innuendo or advance appreciated at work.
Overt Sexual Harassment
Overt sexual harassment is comprised of unwelcomed behaviors with an obvious sexual content. The presence of unwelcome physical contact, such as sexual touching or groping, must be recognized as a clear emergency in the work site and cannot be tolerated! In the absence of physical contact or graphic language, the concept of unwelcomeness is crucial in establishing whether or not a sexual harassment event has occurred. Conduct that may be viewed by reasonable persons as obscene or lascivious is not harassment unless it is unwelcome. Sexual harassment involving unwelcome, suggestive behaviors is not limited to female victims only, but can involve females pursuing males or unwelcome homosexual attention as well. Overt sexual harassment is always direct, but unwelcomed, sexual attention.
Hostile Environment Harassment
Sexual harassment can take the form of outright hostility, hence the concept of hostile environment sexual harassment. The conduct is obviously unwelcome, even if not clearly sexual. What does exist is a situation with a perpetrator verbalizing or acting out hostility toward a victim or class of victims. To the careful observer, however, subtle sexual themes emerge, such as calling the victim such names as "dumb broad," "bitch," or "bimbo," as well as profanity or subtle threats, all of which devalue the victim and quickly lead to a level of discomfort and stress which changes the terms and conditions of the victim's employment.
To demonstrate proof of hostile environment sexual harassment, one needs to show or document that:(1) The perpetrator has reasonable awareness that the conduct is not welcome; (2) the conduct has occurred over a known and established period of time; and (3) the conduct is so severe that it changes the terms and conditions of the victim's employment.
Although proving hostile environment harassment may appear difficult, it is usually rather easy. What happens is that witnesses can almost always verify the remarks and actions of the perpetrator, given their hostility, inappropriateness, and interruptive nature. The concept of "soft violence" is a useful explanation for many of these actions, as they are intended to violate, hurt, and devalue another person without leaving physical evidence. The behavior, itself, is evidence enough if it can be documented and collaborated.
Quid Pro Quo Harassment
Another variant on the sexual harassment theme is quid pro quo harassment. Essentially, quid pro quo harassment involves the offer of an employment advantage or special treatment to someone in return for sexual favors. Quid pro quo harassment can involve abuse of the management relationship with employees in terms of hiring, promotion, discipline, or other employment decisions in return for considerations based on sex.
Avenues for Complaint
Sexual harassment complaints at the Postal Service can be advanced through our negotiated grievance procedure, through complaint with the USPS EEO system, or by direct report to local management. The USPS informal EEO process is a self-policing process with a strong bias toward rapid, non-punitive resolutions. It can take many months to process an EEO complaint beyond the informal stages, even when the conduct is serious.
Actual administrative actions against perpetrators are beyond the purview of Agency EEO Investigators. Only supervisors can initiate corrective discipline. In the writer's experience, when the perpetrator is a postal supervisor the promise on USPS Poster 21 that sexual harassment will lead to serious disciplinary consequences is nothing but a myth -- unless the behavior is criminal in degree or unless it persists or recurs on a scale that is an acute embarrassment to the employer.
There is nothing to prevent an NALC officer from representing persons before this process and demanding stronger actions and some economic remedies if the victim has lost work or incurred expenses. The victim needs only to ask for union representation and to designate a union representative on Form 2564-A. Management will be on notice that the facts will be examined, a legitimate resolution will be pursued, and that the possibility of a well-prepared formal complaint cannot be ignored.
There is a growing emergence in the NALC that harassment deeply hurts our members, and that it is the union's business. Union leaders are ideally situated to get to the root of the problem, rather than merely try to manage it through a hand slap or transfer of one of the affected individuals. A sexual harassment grievance may be filed under Article 2, and initiated at Step II when necessary. Such an action may be in concert with an EEO complaint, or as an alternative avenue. EEO will often defer to the grievance process and pursue the complaint later if it remains unresolved. The union has a unique opportunity to play a crucial, leadership role in combatting sexual harassment. We owe our members no less!
Concluding Remarks
Sexual harassment continues to manifest itself all too often in our work sites because good, otherwise caring people fail to recognize the seriousness of sexual harassment or are fearful of confronting a co--worker or supervisor. They simply may not know what to do. Observers may not fully gauge the hurt being experienced by the victim.
The victim may downplay the problem in the hope it will go away or out of fear that any reaction, especially one of weakness, will encourage the aggressor. Nervous laughter, embarrassment, or an outwardly friendly brush-off may be viewed by the perpetrator as acceptance.
Sexual harassment can only persist when good people chose to do nothing. What is needed when harassment occurs is a clear statement by the victim or a courageous observer that the behavior is completely unwelcome. A written record by the victim of any and all abusive events is strongly recommended to meet the need for documentation in a formal complaint.
Co-workers who are witness to harassment must not tolerate its continuance. The victim needs support. Do not leave the victim alone with the perpetrator. Take whatever action is appropriate!
When sexual harassment has taken place, the perpetrator needs immediate corrective attention by all in a position of leadership. Whether correction means referral to EAP or outside counselling or more drastic measures can be evaluated on a contractually responsible, case-by-case basis.
The bottom line is that sexual harassment has no place in our work place.
Period!
For further reading, see:
and the Congress of the United States), Merit Systems Protection Board, Washington, DC, June 1988
Disclaimer: The material in this article is not presumed or intended to reflect an official position of the
National Association of Letter Carriers or the Michigan State Association of Letter Carriers. This article contains opinion statements of the writer offered for basic informational purposes only. There is no substitute for consultation with or representation by a trained advocate. The writer cannot assume responsibility of any type for the use of this material by others.
