Dealing with sexual harassment - includes related article - column

Dealing with sexual harassment

Today's publishing environment is casual, open and somewhat frenetic. Because employees often work long hours, sharing the tremendous pressure to meet ever looming deadlines, they tend to develop a special camaraderie and closeness.

A joke here, a crack in jest there, the subtle innuendo have always been part of the package, part of the territory. The overly sensitive person learned to tune them out or live with them.

Not so any more.

Unfortunately, most of us don't picture sexual harassment as an absentminded pat on the back or an ethnic joke. We stereotype it as strong verbal or physical advances, and we believe we know how to deal with it. However, statistics and court cases don't support this belief.

Sexual harassment includes a diverse scope of incidents. And it can be so subtle that we don't even realize it's happening--even when it's happening right under our noses. Or we can be guilty of the harassment ourselves and not realize it until we are served with the legal papers indicating a suit has been filed. That little "pet name" you have for someone you work with could just cost you your job--and a lot more.

Today, supervisors and managers at publishing companies are being held personally as well as professionally responsible for harassment incidents, and can lose their life savings, homes, etc., for not addressing a sexual harassment complaint.

In a recent court case involving a publishing company (which refused to be named for this article), a female advertising manager was sued for referring to a female mechanical artist as a "sexy Swede." Neither woman worked for the other; they were simply coworkers in the same company. This off-the-cuff, "harmless" comment cost the company $175,000 in damages plus the legal fees to go along with it. It cost the firm embarrassment, and it cost the female advertising manager her job.

How it happens

Sexual harassment can occur between people of the same sex, different sexes, different levels and the same level of employment, between ad sales reps and the clients they call on. It can occur between an editor and the print buyer. It can occur between the executive vice president and the chauffeur who drives his car.

It can be as blatant as a pinch on the bottom or an explicit proposition, or as seemingly harmless, even complimentary, as comments made about clothing, appearance, figure, etc. It can be the repeated use of an affectionate term.

The courts have now ruled that sexual harassement occurs between a lot more workers than the male manager and his female subordinate. It occurs between the female production manager and the men who report to her, between the male managing editor and the freelancers vying for the opportunity to write for the magazine, and between the vendor who supplies services and the office manager or business manager who's in a position to buy or not buy.

The problem with sexual harassment is that it can't be clearly defined. The Equal Employment Opportunity Commission (EEOC) says that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made a condition of employment; when submission to or rejection of sexual advances is used as a basis for employment decisions; or when such conduct creates an intimidating, hostile or offensive work environment. The EEOC is the agency that handles complaints filed and also the one that has deemd that employers are responsible for the actions of their supervisors, agents and other employees, if the employer knows or should have known about the sexual harassment.

In June 1986, the U.S. Supreme Court expanded an employer's liability in a decision concerning Meritor Savings Bank v. Vinson. The Court held for the first time that a hostile work environment created by acts of sexual harassment amounts to unlawful sec discrimination, even though no economic injury resulted. In other words, even though the employee did not have her employment or advancement linked to the sexual advances, they created a hostile work environment and the employer was responsible.

But how do we know if the advances are unwanted or not? What may be sexual harassment to one person is often not to another. Very often the person who feels offended or embarrassed won't make his/her feelings known. Most of us don't take sexual harassment seriously enough. Very often, the manager treats it like a bad joke. But it's not that easy, simple, clear-cut or well defined. It's a lot more than a bad joke. And it's very difficult to deal with because it depends on the perceptions of the person being harassed. Until we see it as such, we will continue to be liable in sexual harassment suits.

Looking for definitions

A complaint that is not addressed and finds its way into court will cause you the compounding problem of being accused of not caring, not showing concern, andnot wanting to address the issue. Ignorance is not an excuse the courts are willing to accept.

What are the categories of sexual harassment violations in the work place?

* Aesthetic: Comments about a person's appearance, dress, style or look.

* Social touching: Any touching that, depending on the context, repetition or pattern, could constitute harassment.

* Sexual abuse: Kissing or any active physical contact that, depending on the context, repetition or pattern, could constitute harassment.

* Active mental advances: These include leering, sneers, innuendo, staring at sexual parts of a person's anatomy, undressin an individual with the eyes.

* Foreplay: Any touching that has sexual overtones.

* Threats: Any either/or situation in which coercion is employed.

You can reduce the likelihood that you will be sued and held liable by taking the following steps:

1. Issue a specific company policy statement prohibiting sexual harassament in the work place. (See sample.)

2. Develop an internal complaint procedure to allow employees to report harassment to a "neutral" manager.

3. Conduct an employee/management education program to promote awareness and reinforce company philosophy and policy and to encourage employees to come forward if they have been harassed.

The key to dissipating the fear associated with presenting sexual harassment programs is to aim them at prevention, rather than at overcoming problems. Once your employees realize that you care enough to confront the issue head-on, that the issue is not clear-cut but has many shades of gray, that you want employees to be as aware as they can be, and to make you aware as well about what's happening, they will approach the subject openly and with interest.

4. Finally, in the case of complaints, take action quickly to investigate. Resolving compalints internally will save you the legal fees, publicity and embarrassment that a lawsuit can bring.

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