The River Reporter
Thursday, January 14, 1993, "Health & Fitness" section, p. 4F.

Drawing the line on sexual harassment

By THOMAS RUE

Sexual harassment is a difficult concept for some men to grasp. I say men because they are more often in the position of power necessary to sexually harass others. If women achieve social equality, perhaps gender will become less of a factor and sexual harassment will be more generally recognized for what it is -- an abusive exercise of power that, like rape, has nothing to do with affection.

The issue moved to the front of our national consciousness a year ago, when a Supreme Court nominee and a former director of the federal agency charged with preventing such discrimination, was accused by a law professor and former subordinate of committing various acts of unmistakable sexual harassment.

The woman in that now infamous case, professor Anita Hill, was symbolically accused of witchcraft, while nominee Clarence Thomas complained that he was getting a "high-tech lynching." In the end, the alleged perpetrator was confirmed to the nation's highest court. We may never know for sure who was committing the perjury.

A recent editorial in the prestigious National Law Journal called for appointment of a special independent counsel to conduct a more thorough investigation than the Senate was able to do a year ago in the public spotlight. This could prove difficult, after so many years, but would be a powerful statement of national resolve.

Where to draw the line?

Recognizing the boundary between acceptable workplace behavior and sexual harassment is sometimes difficult for men in the Senate and for all of us, because we are products of a sexist culture.

In this article the term "workplace" includes the classroom, since students are also victims of sexual harassment.

According to the Equal Employment Opportunity Commission (EEOC), an arm of the U.S. Department of Justice, sexual harassment is a form of discrimination violating Title VII of the Civil Rights Act of 1964. EEOC recognizes two types of sexual harassment: quit pro quo and hostile environment.

Quit pro quo, Latin for "something for something," means any "unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly effects the basis of an individual's employment.

Hostile environment refers to conduct that "has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.

In general, management and employees should avoid sexual comments and jokes, unwelcome "romantic" advances, and other verbal or physical contact that could be misinterpreted. Telling a co-worker she has a nice figure, or commenting on the tightness of her jeans, can be offensive, as can telling her about a dream she was in. It's one thing to have thoughts or feelings of arousal, but quite another to impose oneself on others. While such fantasies may seem enjoyable or amusing, clear boundaries can only be kept when personal things are kept personal.

No matter what one does for a living, one's purpose at work is to do a job. Since co-workers come from wide array of religious and cultural backgrounds, it is safer to assume a rigid ban on sexuality or romance at work. Office affairs are unprofessional not only because they may be offensive to observe, but they are also disruptive to getting the job done and a distraction from the task at hand, regardless of the type of business.

To keep boundaries clear, co-workers and subordinates should not be referred to at work as sexual beings and their appearance should not be discussed in asexual manner.

"I think the only legitimate thing to ask the object of your desire is: 'Can I see you after work hours?' says the unequivocal Judith Martin, also known as Miss Manners. And if the answer is no, that's it. Asking again may be an unwelcome advance.

Responsibilities of employers

Every employer must take steps to see that sexual harassment does not occur in the work environment. Some employer responsibilities, as recommended by the EEOC, include:

Recognize sexual harassment as a form of discrimination and possibly a crime.
Develop a policy or workshops explaining sexual harassment to staff.
Create a positive work environment that does not tolerate sexual harassment or any other form of discrimination by clearly outlining policies.
Follow up on all complaints with a thorough investigation -- that does not mean simply interviewing the two parties.
Remain accessible to employees who may have complaints about a supervisor, manager or another employee.
Take immediate disciplinary action (such as written warnings, suspension or termination) against any employee found guilty of sexual harassment.

Legal redress

The Supreme Court has ruled that sexual harassment is as much a barrier to sexual equality in the workplace as racial harassment is to racial equality. Still, the problem was barely recognized as a legal wrong until the last decade.

Begin a complaint within the company's own administrative channels and move up the chain as policies provide. Sometimes this doesn't work, either because of insensitivity to the issue or for other reasons. If the victim is in a socially inferior position within the agency, higher administrators or board members tend to side with managers. This protectionism is sometimes referred to as the "old boys' network" and can be tough to get past, but persistence is essential.

Employees have various other channels open to them to help put a stop to acts of harassment or to seek redress for a lost job or wages. Employees who feel they have suffered discrimination at work may contact the EEOC at 800/669-3362 for recorded information, or 800/669-4000 during business hours.

Depending on the nature of the harassment or discrimination, it might be helpful to contact a local legal aid society or private attorney. If the harassment crosses the line into prosecutable offenses, consider calling the police or district attorney's office.

Mental health counseling

Certainly, the most obvious person to benefit from psychotherapy or education is the perpetrator. Through counseling, whether individually or with others of like background, offenders (or men in general) can learn to appreciate the part they play in an oppressive society and become more sensitive to others.

Behavior change is always possible, no matter whether the harassment has been of a sexual, physical or other nature. But there must be motivation. Employers might consider mandated mental health counseling, perhaps through an employee assistance program, for people accused of sexual harassment.

Counseling can help victims gain the confidence necessary to assert their civil rights. Many harassers purposefully intimidate their victims. who suffer stress which can result in depression, headaches, ulcers, personality or mood changes, lessened job productivity, lack of enthusiasm, or impaired personal and family relationships. A counselor or social worker trained in gender issues may act as a liaison between the victim and management, or facilitate successful readjustment to the work or school environment.

[A contributing editor for The River Reporter, Thomas Rue is a mental health counselor who lives and practices in Monticello.]