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Posts Tagged ‘sexual harassment’

At CBS, Les Moonves got away with ‘transactional’ sex. A working mom couldn’t get a schedule change.

Wednesday, December 5th, 2018

At CBS News, she asked for a role that would give her “some small measure of predictability” over her schedule so she could work while parenting a young son. From his corner office atop CBS, he was demanding that a different female employee be “on call” to perform oral sex.

She left her job. He made $69.3 million.

It’s a tale of two professional tracks at CBS: Of Julianna Goldman, a working mother trying — and ultimately failing — to adjust her workplace responsibilities so she could continue to do her job as her home life evolved, and of Les Moonves, the CEO and chairman whose reportedly rampant sexual violence was the centerpiece of a noxious, misogynistic network over which he reigned for decades.

On Wednesday, the New York Times published a report on Moonves’ obstruction of an investigation into his sexual misconduct at CBS. That obstruction may cut the strings on the golden parachute on which Moonves surely thought he’d gently float into an early retirement — which is a little like getting Al Capone for tax evasion, considering the gravity of Moonves’ alleged violence.

The Times report also included many new sickening details about Moonves’ “transactional” sexual relations with his female underlings:

“The outside lawyers were told by multiple people that CBS had an employee “who was ‘on call’ to perform oral sex” on Mr. Moonves. According to the draft report: “A number of employees were aware of this and believed that the woman was protected from discipline or termination as a result of it.”

[…]

The report found that, in addition to consensual relationships and affairs, “Moonves received oral sex from at least 4 CBS employees under circumstances that sound transactional and improper to the extent that there was no hint of any relationship, romance, or reciprocity.”

The report said that the lawyers weren’t able to speak with any of those women, but that “such a pattern arguably constitutes willful misfeasance and violation of the company’s sexual harassment policy.”

The Times piece comes a few months after Ronan Farrow first reported that Moonves had been accused by six women of sexual harassment and intimidation, while “dozens more” detailed abuse throughout the company Moonves ran. Further reporting revealed Moonves’ methodical destruction of female-driven shows. Thorough investigations into credible allegations brought to light the abuses of longtime TV host Charlie Rose, NCIS showrunner Brad Kern, senior vice president of talent for CBS Television Studios Vincent “Vinnie” Favale. A phalanx of sexist, abusive men flourished while women suffered, under Moonves’ eye.

Tuesday, Julianna Goldman wrote about her experience with CBS News for The Atlantic. She was a general-assignment correspondent with 15 years of experience who was essentially given a no-choice choice between a job that was obviously incompatible with parenting (last-minute travel for breaking news) and no job at all. She asked for a position with more predictability; she was told the offer on the table was “final.” She left and later realized she “was not alone”:

According to a report by the Women’s Media Center, television viewers are less likely to see women reporting the news today than just a few years ago. At the Big Three networks—ABC, CBS, and NBC—combined, men were responsible for reporting 75 percent of the evening news broadcasts over three months in 2016, while women were responsible for reporting only 25 percent—a drop from 32 percent two years earlier.

It was “anti-mom” bias, in all its insidious manifestations: Assumptions made about a woman’s dedication and competence (meanwhile, men earn a “fatherhood premium” for every child they have); the fear of getting edged out while taking maternity leave and daring to be off-camera for all of three months; the exacting expectations for a woman’s appearance on television that make no allowances for a pregnant or postpartum body.

As Goldman argues, all citizens suffer when women and mothers are sidelined from the work they do so well. It is impossible to report the news fully, accurately, and with empathy, without without diversity of experience and insight on the part of those who report it. And of course the workplace discrimination she documents against pregnant women and mothers is appalling, all the more so forbeing so commonplace.

But there is something especially gross about seeing these two experiences — Goldman’s and Moonves’ — side by side.

What does it say about CBS, as an institution, that higher-ups decided it was simply unfathomable to meet Goldman’s minimal requests but that it was absolutely paramount to ensure Moonves every sexual whim be met on demand? What does it say about the board, that at least one of its members knew about an assault allegation against Moonves from 1999 and, rather than do anything meaningful with that information whatsoever, just… told no one, and did nothing, and stood up for Moonves even as more and more credible allegations came out?

Dr. Anne Peters says Moonves assaulted her in 1999. As she told CBS lawyers, she warned Arnold Kopelson, an Oscar-winning producer who was about to join the board, about Moonves. As Peters remembers it, Kopelson’s response was “that the incident happened a long time ago and was trivial, and said, in effect, ‘we all did that.’”

Kopelson joined the board in 2007 and, at a board meeting following the publication of Farrow’s investigation, kept on defending Moonves. “I don’t care if 30 more women come forward and allege this kind of stuff,” he said. “Les is our leader and it wouldn’t change my opinion of him.” (Kopelson died in October.)

How telling, that at CBS, it’s easier to make an office work for Moonves — and Rose, and Kern, and on, and on — than to make it work for a mother. That someone like Kopelson could say, of Moonves’ alleged criminal misconduct, “we all did that,” but that no one can look at working parents and say, “we all do that.”

This article was published at ThinkProgress on December 5, 2018. Reprinted with permission.

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.

Forced arbitration silences sexual harassment victims. After protests, Google finally got rid of it.

Tuesday, November 13th, 2018

One week after 20,000-plus Google employees around the world staged a mass walkout to protest the company’s discrimination and its abysmal handling of sexual misconduct complaints against top-level executives — as the New York Times reported, multiple senior executives were granted multimillion-dollar severance packages or promotions after being accused of sexual violence — the company has announced revisions to its sexual harassment policy. Top of the list: An end to forced arbitration clauses.

In a memo to all employees, Google CEO Sundar Pichai detailed the changes employees could expect, and though the first bullet point about arbitration came with some defensive caveats (“Google has never required confidentiality in the arbitration process and arbitration still may be the best path for a number of reasons”), the change is a meaningful one that appears to be catching on among tech giants.

Chances are, you’ve signed a policy just like this one without even realizing it. As of 2017, more than half of American workers were bound by arbitration clauses, according to the Economic Policy Institute.

And if you didn’t sign one at work, you may have signed one elsewhere: In May, Uber announced it would be eliminating forced arbitration agreements for employees, riders, and drivers who make sexual assault or harassment claims against the rideshare company. Which means, until May, if you were an Uber rider, buried in the Terms & Conditions that virtually no one reads was language that forbade you from taking a sexual misconduct claim against Uber to the courts.

As the New York Times reported, Uber already allowed drivers and employees to get out of those agreements as long as they opted out within the first 30 days of signing their Uber contracts — but no such provision was in place for the riders.

Last December, Microsoft announced that it was eliminating forced arbitration agreements with employees who make sexual harassment claims. The company also declared its support for a proposed federal law that would essentially ban these still-commonplace agreements. “The silencing of people’s voices has clearly had an impact in perpetuating sexual harassment,” Brad Smith, Microsoft’s president and chief legal officer, told the New York Times.

And it was a forced arbitration clause that Fox Chairman and CEO Roger Ailes lorded over Gretchen Carlson, who sued him for sexual harassment in 2016. He fought back by pointing to the language in her Fox contract that barred her from bringing those claims to court and requesting that the court compel Carlson to engage in arbitration instead.

Carlson’s contract didn’t just stop her from bringing her claims to the justice system; it stipulated that “all filings, evidence and testimony connected with the arbitration, and all relevant allegations and events leading up to the arbitration, shall be held in strict confidence.” At least a dozen women reported similar experiences, with parallels not just to the initial harassment but with Ailes’ weaponizing of legal language in their employment contracts.

Other changes to Google’s sexual harassment policy, according to Pichai’s memo, include: “more granularity” around sexual harassment investigations and outcomes; an “overhaul” and consolidation of the means by which employees can report misconduct; “extra care and resources” for Google employees throughout the reporting process, with “extended counseling and career support”; and updated and expanded mandatory sexual harassment training, with failure to comply resulting in negative performance reviews.

Left unaddressed are workers’ demands that the internal harassment report be made public and that an employee representative be added to Google’s board. Only full-time employees are covered by the changes Pichai describes; contractors, vendors, and temporary workers are not.

Google Walkout For Change, the organizers behind last week’s mass demonstration, issued a statement that “commend[ed] this progress, and the rapid action which brought it about,” but called out what the workers’ perceive as the memo’s shortcomings. Mainly, “The company must address issues of systemic racism and discrimination, including pay equity and rates of promotion, and not just sexual harassment alone.”

Last year, Senators Lindsey Graham (R – SC) and Kirsten Gillibrand (D- NY) introduced legislation that would void arbitration agreements that prevent sexual harassment victims from seeking justice through the courts. It also allows victims to file EEOC complaints in addition to pursuing legal action in court, and it prevents employers from compelling arbitration, even in cases where the employee already signed an agreement with a forced arbitration clause.

A bill similar to the one introduced in the Senate, the Ending Forced Arbitration of Sexual Harassment Act of 2017, was introduced in the House by Rep. Cheri Bustos (D-IL). It
has bipartisan support and has been referred to the House Judiciary Committee. In 2019, with a Democratic majority in place, the House might actually pass it.

This article was originally published at ThinkProgress on November 10, 2018. Reprinted with permission. 

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.

Google employees demand company do something about sexual harassment and pay inequality

Friday, November 2nd, 2018

All over the world, employees at Google are demonstrating that they won’t tolerate sexual harassment, low pay, and other poor working conditions. Google workers in  London, Zurich, Dublin, Berlin, Tokyo, and Singapore organized walkouts on Thursday. U.S. workers in New York, Atlanta, Chicago, Seattle, San Francisco, and Mountain View, California have also walked out.

Workers were responding to a New York Times article from last week that showed the tech company paid millions of dollars to male executives who were accused of sexual harassment and kept it a secret. One of these executives, Andy Rubin, was given a $90 million exit package despite a woman’s credible claims of sexual violence.

Google staff have decided to leave notes on their desks that read, “I’m not at my desk because I’m walking out with other Googlers and contractors to protest sexual harassment, misconduct, lack of transparency, and a workplace culture that’s not working for everyone,” according to the BBC.

According to a 2017 Women in Tech survey, 53 percent of female tech employees said they had experienced harassment when working in tech and 63 percent of women said it happened two or three times. Twenty three percent of women who experienced harassment said they reported the incident to senior leadership and 16 percent reported it to HR. Thirty-five percent of those workers who reported said they suffered repercussions and only 9 percent said their harassers experienced consequences for their actions.

Workers also have a specific set of demands for management, including a commitment to end pay and opportunity inequality, disclosure of sexual harassment to the public, an inclusive process for reporting sexual misconduct safely and anonymously, having the chief diversity officer answer directly to the CEO, appointing an employee representative to the board, and ending forced arbitration in cases of harassment and discrimination. The latter demand would apply to both current and future workers at Google. The chief diversity officer would also make recommendations directly to the Google’s board of directors.

Issues such as forced arbitration and nondisclosure agreements have received more attention after a slew of news stories broke last year showing powerful men had long histories of sexual harassment and violence — and that for decades, they got away with it.

In October, Rep. Jerrold Nadler (D-NY) and Rep. Bobby Scott (D-VA) introduced legislation that would ban mandatory arbitration and class and collective action waivers in labor matters. Earlier this year, Sens. Kamala Harris (D-CA) and Lisa Murkowski (R-AK) introduced a bill to prohibit certain kinds of nondisclosure agreements (NDAs) that aid to silence sexual harassment victims.

Brenda Salinas, a Google employee in London, told The New York Times that although she did not participate in the walkout due to an injury, she supported it.

“Last week was one of the hardest weeks of my yearlong tenure at Google, but today is the best day. I feel like I have thousands of colleagues all over the world who like me, are committed to creating a culture where everyone is treated with dignity,” she told the Times.

Sundar Pichai, the company’s chief executive, said on Wednesday that “Employees have raised constructive ideas for how we can improve our policies and our processes” and that “We are taking in all their feedback so we can turn these ideas into action.”

Google workers have been trying to address issues of inequality and gender and racial biases in their workplace for years. One example of this tension is the 10-page memo authored by James Damore that was circulated throughout the company last year and that opposed hiring that considered racial and gender diversity in tech. Damore suggested that women were biologically unsuited for advancement in tech and listed personality traits he said women have more of. Damore wrote, “Neuroticism (higher anxiety, lower stress tolerance). This may contribute to the higher levels of anxiety women report on Googlegeist and to the lower number of women in high stress jobs.”

Damore was eventually fired in August of last year, after the memo was leaked to the press. Last year, the Department of Labor also reviewed a sample of compensation data for Google. The department  has accused the Google of “extreme” discrimination against female employees and said there is a “systemic” gap in pay between men and women at company. Google has resisted giving the department all the data it has on the matter, and in July of last year, an administrative law judge sided with Google and said the request was “unduly burdensome.”

Now there is a revised gender-pay class action lawsuit against Google that adds a complainant and says Google asked people for their prior salaries before hiring them, according to TechCrunch. California recently passed a law that doesn’t allow employers to ask applicants about their previous salaries. If someone discloses that information without being asked, the employer is not supposed to consider it when deciding how much they should be paid. On Friday, the class action moved forward with a hearing in San Francisco.

Google spokesperson Gina Scigliano told TechCrunch in January, “We disagree with the central allegations of this amended lawsuit … We work really hard to create a great workplace for everyone, and to give everyone the chance to thrive here.”

Across the world, employees are showing Google they disagree.

This article was originally published at ThinkProgress on November 2, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

EEOC reports (mostly) positive developments on sexual harassment

Monday, October 22nd, 2018

The Equal Employment Opportunity Commission reports that formal complaints of sexual harassment complaints are up significantly from 2017. The EEOC is also litigating substantially more harassment cases.

Amid the uptick in reported harassment, there is evidence that men are changing their behavior – in good and bad ways. While the impact of the #MeToo movement has mostly been positive, some leery men are going to the other extreme and avoiding female co-workers completely.

Formal harassment complaints and lawsuits have increased

The EEOC says it is leading the way in combating workplace sexual harassment. Through outreach and education, as well as through investigation and enforcement, the agency believes it’s making an impact:

  • Formal sexual harassment charges in fiscal year 2018 increased by more than 12 percent from 2017.
  • Reasonable cause findings increased by 23 percent and successful conciliations by 43 percent.
  • In complaints not resolved through mediation, the EEOC has filed 41 sexual harassment lawsuits, a 50 percent increase.
  • The EEOC recovered $70 million for victims in FY 2018, an increase of 47 percent.

In the aftermath of #MeToo, traffic to the EEOC website doubled in the past year as both employees and employers sought information on dealing with workplace harassment. The agency conducted hundreds of outreach events to educate individuals and employers

Some men are taking the wrong message from #MeToo

Overall, the #MeToo movement has affected real and positive change. More women (and men) are confronting abuse and reporting sexual harassment rather than quietly tolerating it. Employers, including government agencies, are re-examining their policies and doing more trainings. Habitual and egregious offenders are being fired or otherwise suffering real consequences.

At least anecdotally, males in the workplace are changing their behavior, out of self-preservation if not because they genuinely “get it.” From sexual come-ons and inappropriate touching and to sharing sexual jokes or pictures, men appear to be getting the message.

But there has been some unexpected backlash from the #MeToo campaign. Some men in positions of power are intentionally avoiding or excluding female counterparts to avoid being accused of harassment. For example, women may not be invited to key meetings or after-hours events. Some men say they will no longer mentor women or hire female assistants. Some go so far as to avoid riding in an elevator or vehicle with female co-workers.

This overreaction has the unintended consequence of limiting opportunities for women and creating barriers. Such behavior can rise to the level of retaliation, sex discrimination or creating a hostile work environment.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on October 22, 2018. Reprinted with permission. 

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

One year after the Weinstein story broke, sexual harassment claims are up 12% nationwide

Friday, October 5th, 2018

Exactly one year ago today, the New York Times published its first investigation into sexual harassment allegations against Harvey Weinstein.

Given the number of think pieces written about the public’s ever-shrinking attention spans and the ever-rising churn of the news cycle’s speed, it is astonishing that anyone is still talking about Harvey Weinstein at all, let alone that the revelations about his alleged behavior — coercive, manipulative, violent, tyrannical — would spread so far beyond the confines of Weinstein and his accusers.

Much of the change catalyzed by the Weinstein story, and this past year of a reinvigorated #MeToo movement, is still ongoing and impossible to quantify. But some preliminary data points are emerging. On Friday, the Equal Employment Opportunities Commission reported that sexual harassment claims were up 12 percent this year, compared with the 2017 fiscal year.

The EEOC also announced via press release that it had filed 66 harassment lawsuits in the last year — an increase of 50 percent from the year before.

As Variety reports, only a fraction of the total number of harassment claims in the U.S. are ultimately reported to the EEOC. Still, “the trend lines are telling. Over the previous seven years, harassment claims had declined from 7,944 in 2010 to 6,696 in 2017. The EEOC’s preliminary data shows an increase to about 7,500 claims in 2018, the highest level since 2012.” And state data released by California and New York shows an “even more pronounced” pattern.

Even with the dramatic uptick, we’re not quite at post-1991-Anita-Hill-hearings levels just yet: EEOC data has the number of claims rising 52% in 1992.

This blog was originally published at ThinkProgress on October 5, 2018. Reprinted with permission. 

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.

#MeToo Hits Fast Food: Why McDonald’s Workers Are Out on a Historic Strike Today

Wednesday, September 19th, 2018

Workers at McDonald’s are set to walk out of work today in ten U.S. cities: Chicago, St. Louis, Durham, Kansas City, Los Angeles, Miami, Milwaukee, New Orleans, Orlando and San Francisco.

While a string of fast food strikes has hit chains in recent years, this time workers aren’t walking out for higher wages, but for respect and freedom from harassment in an industry known for rampant abuse.

In the non-unionized fast food industry, marked by high turnover, low wages, and poor to non-existent benefits, sexual harassment is endemic. A recent study of fast food restaurants such as Taco Bell and McDonald’s found that 40 percent of workers reported experiencing sexual harassment at work. A full 60 percent of the women who reported multiple occurrences of harassment said they felt pressure to accept the abuse because they could not afford to quit their job.

McDonald’s has faced a slew of lawsuits related to sexual harassment in recent years. In October 2016, Fight for $15, the group advocating for minimum-wage increases in the service sector, filed 15 sexual harassment claims with the Equal Employment Opportunity Commission, accusing the McDonalds corporation and franchisees of failing to protect—and sometimes retaliating against—workers reporting harassment.

According to the National Women’s Law Center, an organization supporting the striking workers, McDonald’s management routinely “initiated or disregarded” instances of sexual harassment. Among the incidents reported by the Center: A 15-year-old cashier in St. Louis who was asked by an older male employee: “Have you ever had white chocolate inside you?” When the 15-year-old reported the harassment to her manager, she was told, “you will never win that battle.” In New Orleans, a female worker complained about a co-worker groping her, to which her manager responded that she should “take it to the next level” with him. This same worker also endured an attempted sexual assault, which she did not report because of her past experiences.

“By funding the legal representation in these cases, we hope to help ensure that these charges will be a catalyst for significant change,” Sharyn Tejani, Director of the TIME’S UP Legal Defense Fund, said in a statement. “Few women working in low-wage jobs have the means or the financial security to challenge sexual harassment. As shown by these charges and thousands of intakes we have received at the Fund from women in every industry, those who report their abuse are often fired, demoted or mocked—and since nothing is done to stop the harassment, nothing changes.”

The TIME’S UP Legal Defense Fund is the latest example of the #MeToo movement’s solidarity with low-wage workers. The Fund, which arose as a response to the sexual harassment faced by women in Hollywood, has now amassed over 200 volunteer lawyers, and has pledged to support “the factory worker, the waitress, the teacher, the office worker.” The organization was also led to this cross-class alliance in part by expressions of solidarity from workers across sectors, including a letter signed by 700,000 female farmworkers associated with the Alianza Nacional de Campesinas, and a 2017 “Take Back the Workplace” march in Los Angeles.

The strike is historic. While labor organizing campaigns have often made sexual harassment a focal point, this strike marks the first multi-state action devoted solely to the issue. 

Workers organizing against sexual harassment at McDonald’s can draw from a long tradition. In the 1830s, one of the first labor struggles in the early phases of American industrialization centered around addressing the sexual harassment and assault faced by female mill workers in Lowell, Massachusetts.

In one of the first efforts to organize workers at a restaurant chain, the Hotel Employees and Restaurant Employees International Union (HERE) launched a six-year campaign during the 1960s to organize Playboy Bunnies. The campaign centered around combating the sexist workplace of the Playboy Clubs, an environment rooted in Hugh Hefner’s ethos that “women should be obscene and not heard.”

In the book Feminism Unfinished, Dorothy Sue Cobble writes that tenacious HERE organizer Myra Wolfgang told reporters the Bunnies would “bite back” against Playboy’s sexist working conditions.  And that’s just what they did. According to Cobble, management ultimately agreed to a “national contract promising to pay wages to Bunnies (previously the women relied solely on tips) and allow Bunnies more discretion over uniform design, customer interactions, and company appearance standards.”

While historically unions have (albeit sometimes unsuccessfully) been a bulwark against sexual harassment, fast-food empires like McDonald’s have always been closed off to unions. Without the protection of a union, fast food workers are particularly vulnerable to harassment. But, according to sexual harassment expert Lin Farley, the equation can also be reversed: Harassment can be a tool to prevent unionization and collective worker struggle. “You have fast-food managers systematically using sexual harassment to keep turnover high, so they don’t have to unionize, they don’t have to give higher wages,” Farley told On the Media.

That might be changing, however. With a more class-conscious #MeToo movement, a wave of militant teachers’ strikes, anti-sexual harassment campaigns and strikes in the majority female hotel industry, it’s clear that women are fed up with abuse in the workplace. The McDonald’s strike shows that this increased organizing may soon translate into more wins for labor in the most exploited sectors like the fast food industry, where class struggle is now on the menu.

This article was originally published at In These Times on September 18, 2018. Reprinted with permission. 

About the Author: Rachel Johnson is a writer based in Chicago. She holds a master’s degree in U.S. history from Northwestern University.

This is why workplace harassment training is so ineffective

Wednesday, July 25th, 2018

It’s a scenario that has become familiar to almost anyone who works in an office.

After “recent events around the country,” a well-meaning sexual harassment educator comes in to teach the letter of the law. The mandatory training provides information on “each and every sexual harassment law,” but the effects fall somewhere between useless and detrimental. The trainer comes at a large financial cost and proves to be of questionable value. Ultimately, the trainees leave discouraged and the hostile climate remains.

This all-too-familiar scene was demonstrated by the arrival of Petey the Sexual Harassment Panda on South Park, way back in 1999. His song-and-dance approach before a class of fourth graders was obviously a caricature. But sexual harassment experts say the problems he demonstrated — overly legalistic trainings that are more about liability protection than culture change and that come without proven results — have become ubiquitous, even as America reckons with the #MeToo moment. Trainers and training companies make a mint off of these trainings, more and more places are mandating them, and there is a built-in disincentive for trainers and employers to ever really explore whether they are helping to reduce harassment.

Fran Sepler, a consultant and trainer who has worked in sexual harassment prevention for more than 30 years, says that trainings that focus mostly on what the law says are not productive and may actually convey that “anything short of illegal behavior is tacitly acceptable.”

“Even though unlawful harassment is a terrible thing and a problem, your odds of being [illegally] harassed are relatively small, say 20 percent for women and less for men,” she explained. “Rude and uncivil behavior — close to 100 percent experience that at some point.” Yet the typical workplace harassment training video shows unrealistic situations that don’t match up with real life. “I show clips of about 50 videos,” Sepler said, “All show people putting their hands on the backs of colleagues.”

In the 1990s, a series of Supreme Court rulings had the effect of giving companies an incentive to do sexual harassment training: liability protection. Linda Seabrook, general counsel and director of legal programs for the non-profit Futures Without Violence said that this was a big factor in the growth of the industry. [Full disclosure: Futures Without Violence has previously provided its programming for ThinkProgress staff and other employees at the Center for American Progress. ThinkProgress is an editorially independent project of the Center for American Progress Action Fund].

“The reason they do sexual harassment training is not prevention,” Seabrook told ThinkProgress. “It’s so they can avail themselves of a certain defense: Faragher-Ellerth.” The term refers to a pair of judicial precedents (Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth) that suggested employers who do trainings can be protected from liability for some sexual harassment that might occur among their employees.

Alas, she said, these trainings on what is prohibited do not solve the problem at all. “I don’t understand how people think that type of training will lead to prevention. It trains you on the law and the employer’s policy. It does not and cannot at all train or educate you on what fosters or facilitates this type of conduct and/or what type of workplace doesn’t allow for this type of conduct.”

A lucrative industry

In 1998, the Los Angeles Times predicted court rulings would soon spur employers to spend big to protect themselves from future liability by providing sexual harassment training to their employees. It cited a projection that “U.S. employers will spend $10 billion annually on employment-law-related training by 2000, up from $5 billion in 1995, with sexual harassment prevention one of the main topics.” Two decades later, one training company told the paper it had received 2,150 requests for its programs in January — over 8 times more than the previous January.

Seabrook said Futures Without Violence has seen a significant increase in the number of “workplace education” sessions it it has been asked to do since the start of the #MeToo movement. But to be successful, she noted, the focus really has to be on building a thriving workplace community: the “deep-seated gender norms,” the sexism, the misogyny, and the anti-LGBTQ sentiments in our society require more than “a one-hour training or a two-hour training once a year.”

Jocelyn Frye, a senior fellow at the Center for American Progress, is an expert on sexual harassment policy. She said there’s growth in the demand for harassment training: “People who do trainings are getting a significant uptick,” she said. And she believes trainings can be a good thing, “but it has to be good training.”

“Nobody funds research”

One of the biggest obstacles to culture change is ignorance — sometimes willful — about what the problems are and what actually helps to solve them. In the past, Frye said, “employers historically have been unwilling to do certain types of assessments because they feared it could be used [against them] in litigation.” And few employers’ harassment training providers have had the ability or volition to find out if their methods are working.

That’s why so few businesses have embraced an evidence-based approach to figuring out what actually works.

“The fact that there isn’t info is itself sort of the news,” said U.S. Equal Employment Opportunity Commission Commissioner (EEOC) Chai Feldblum, who co-chairs the commission’s Select Task Force on the Study of Harassment in the Workplace. She co-authored a 2016 report for that task force, asking, essentially, why the problem remains so pervasive and what can be done about it.

In a telephone interview, she told ThinkProgress, “The fact that the evidence hasn’t shown that the type of training done for a decade [to be effective] doesn’t say training isn’t important. It just says training — in a vacuum — doesn’t seem to have much of an impact.” What limited research there is suggests that some things do help: leadership can change office culture, management can hold people accountable, the organization can set clear policies that go beyond the legalistic, and workplaces can have meaningful training. “We have a sense of what can work… [But] we don’t yet have solid evaluations of each of these things. Certainly not of them as a total package.”

As with all research, money is a factor. “Nobody funds research,” Futures Without Violence’s Seabrook observed. Social scientists “don’t have the resources to do that kind of work,” she said, noting that the EEOC has no research arm and is historically a low-priority department for administrations. Still, she explained, legislation will soon be introduced in Congress to fund research into all types of workplace harassment.

Feldblum agreed and noted another challenge: “We’ve always had two issues: one was get the funding, two was get the subject of the research (the employer) to say yes” to research into their workplace. Unless an employer is willing to let researchers examine the climate of a workplace before and after trainings and other interventions, there is no way to really know if they worked.

Legally, companies could be held liable for holding trainings they know are ineffective, creating a disincentive. But Frye says “it’s better to know your problems than to feign ignorance.”

According to Sepler, a lot of researchers would be “delighted” to do those kinds of examinations if they had the funding. “What if they evaluate a training model and and it shows it is ineffective?” she asked rhetorically. Despite the desire for evidence of results, “no one wants to be the organization where there is data [proving] you’ve been doing something demonstrably ineffective.”

Vicki Magley, a professor of psychology at the University of Connecticut, is one of the few people who has studied which interventions actually succeed at reducing harassment. She observed that most of the assessment of training is done by the vendors themselves — and it is less-than-rigorous data. “I’ve talked to many, many training companies over the past few months who want to tell me all the wonderful things they’re doing with their training. They don’t sound terrible…” she said. “But when I ask, ‘how do you evaluate whether this is doing anything?’, they have no answer.”

“You can ask trainees at the end of a training how well they liked the training, with smiley faces. That doesn’t tell you anything about attitude change, culture change, perceived risk [for reporting harassment],” she said. Instead of a rigorous before/after assessment, participants are mostly asked if the experience was helpful and if the free cookies served were fresh. That sends the message to employees that the company doesn’t take such trainings seriously.

In her own research efforts, she has encountered strong resistance to that sort of before and after study. Recently, she recounted, one organization hired her to evaluate a training but refused to let her evaluate efficacy. “I was being asked to come in and evaluate a training. I was told I couldn’t really evaluate it in the way that was going to be useful because ‘it was going to end up costing too much money and that would just be too expensive.’” With her university bearing the brunt of the costs, she said, she knew “at the end of the day, they just didn’t want to know.”

Magley also noted that many companies use online trainings which are even less evidence-based and can easily be completed by employees with “half an eye and half a heart.”

“If there’s a dearth [of research] on sexual harassment training, there is almost zilch on online training,” she says. “We really don’t know if it does anything.”

A roadmap for employers

Still, state and local lawmakers continue to pass laws making harassment training mandatory, without really taking into account whether it helps. Often these laws require that medium and large employers provide lengthy explanations about the letter of the sexual harassment law. In turn, this increases the incentives for training companies to remain ignorant about whether their in-person or virtual trainings are useful.

Robin Shea, a partner at Constangy, Brooks, Smith & Prophete who tracks state harassment training laws, said in an email that New York State and New York City were the most recent major jurisdictions to enact mandatory training for all major employers. When they go into effect in the upcoming months, New York will join California, Connecticut, Maine, and possibly additional states. “I do expect mandatory harassment training laws to be a hot legislative topic this year and in 2019 because of the #MeToo movement,” she predicted. Earlier this year, Connecticut’s senate, in a bipartisan vote, moved to expand the required two-hour training to employers with at least 20 employees (instead of 50) — though that bill died in the state’s house due to controversy around some other provisions.

But how to actually improve the problem? Feldblum said the EEOC task force report — a series of non-binding recommendations — is a “road map for employers to take.” It recommends an array of steps including greater accountability, new and different approaches to training, and more effective reporting systems.

Among the ideas in the report is a proposal that when employers accused of harassment enter into settlement agreements with the commission, they include requirements that researchers be allowed to work with the employer to assess climate and harassment levels before and after implementations of compliance trainings, civility trainings, and bystander intervention trainings.

So far, she has not seen a huge number of takers. “Even if we find an employer who is willing, we still have to fund it,” she said.

The University of Connecticut’s Magley thinks ultimately the solution may have to come from the judiciary. “Courts need to say, ‘You can do training, that’s a fine thing to do, but if you do that, you need to document that it is effective, that it’s doing what it’s supposed to be doing.’” By requiring that for legal liability protections, organizations would be “held accountable to truly effectively change structures,” rather than “do whatever they can, as cheaply as possible, to check the box.”

With the Trump administration working to pack the federal courts with Clarence Thomases and Sam Alitos who side with businesses over workers in case after case, that shift may not be quick.

“Legal change is a slow-moving train,” she acknowledged, but “hope rests on the shoulders of current law students actively reading this literature and law professors who are training that that type of thinking can start to permeate and change the culture.”

This article was originally published at ThinkProgress on July 25, 2018. Reprinted with permission. 

About the Author: Josh Israel has been senior investigative reporter for ThinkProgress since 2012. Previously, he was a reporter and oversaw money-in-politics reporting at the Center for Public Integrity, was chief researcher for Nick Kotz’s acclaimed 2005 book Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws that Changed America, and was president of the Virginia Partisans Gay & Lesbian Democratic Club. A New England native, Josh received a B.A. in politics from Brandeis University and graduated from the Sorensen Institute for Political Leadership at the University of Virginia, in 2004. He has appeared on cable news and many radio shows across the country.

Ending Gender-Based Violence and Harassment in the World of Work

Monday, May 28th, 2018

No one should have to risk their safety or dignity to put food on the table. Yet every day, workers around the world are subjected to sexual harassment and other forms of gender-based violence. On Monday, May 28, workers, employers and governments will come together at the International Labor Organization to discuss a new global standard on violence and harassment in the world of work. This is the culmination of more than a decade of advocacy by the global labor movement. It’s an exciting opportunity to create a binding international agreement to end gender-based violence and harassment in the workplace.

The AFL-CIO, together with partners from around the world, will be on the ground pushing for a binding convention that empowers workers to take collective action to build safe, respectful workplaces. You can follow the action on our Facebook and Twitter accounts, and check out our partners at the Solidarity Center (@SolidarityCntr) and the International Trade Union Confederation (@ITUC).

Why use the term gender-based violence and harassment?

In the United States, the law protects against sex-based discrimination, including sexual harassment, and public conversations generally use these terms as well. Often, sex and gender are used interchangeably. However, there is an important distinction between the two: a person’s sex is tied to their inherent biological characteristics. Gender, on the other hand, is a social construct built around norms, expectations and stereotypes about what it means to be a man or a woman.

In the U.S., and indeed throughout much of the world, there is an entrenched, gendered power hierarchy that values men and a rigid definition of masculinity. The term gender-based violence and harassment reflects this inherent power imbalance. It recognizes the link between the gendered violence that occurs in society at large and the devaluation of women in the workplace. Both are tied to the way people are socialized, and particularly how men are socialized to feel entitled to women’s bodies and to expect deference and compliance. Every social actor has a role to play in breaking down these harmful stereotypes and creating equitable, respectful communities—and when it comes to addressing how this issue plays out in the workplace, unions have an unique and powerful role to play.

How do unions help stop gender-based violence and harassment?

Unions have a critical role to play in ending gender-based violence and harassment. At base, gender-based violence in the world of work—including unwanted touching, sexual comments, requests for sexual favors and even sexual assault—is not about sex, but about power. Unions are dedicated to shifting power relationships and creating more equitable and fair workplaces. Workers, particularly those who have been subjected to mistreatment, must be empowered to take collective action to enact solutions and demand justice.

Economic insecurity, particularly precarious and low-wage employment, makes workers more vulnerable to harassment. Women comprise the majority of part-time and temporary workers in the United States and most of the world, as well as the majority of low-paid workers and those making minimum wage. Many of these workers live paycheck to paycheck and cannot afford even a brief break in employment, making them less likely to report abuse. Precarious work arrangements, like subcontracting or other contingent arrangements, decrease oversight and accountability. Confronting violence and harassment at work requires addressing the underlying conditions that drive abuse—including worker organizing to win living wages, job security and protection from retaliation.

This blog was originally published at AFL-CIO on May 25, 2018. Reprinted with permission. 

About the Author: Cassandra Waters is the global worker rights specialist at the AFL-CIO.

Senators are letting themselves off the hook with sexual harassment bill, women's rights groups say

Friday, May 25th, 2018

Sexual harassment in Congress is a scandal—and it would probably be a lot more of one if Congress hadn’t written its own rules for dealing with allegations in secret. But since the #MeToo movement has shined a light on sexual harassment, the House of Representatives has managed to pass a decent bill. The Senate … hasn’t, and the bill it has coming up for a vote is not the answer. The American Civil Liberties Union, Equal Pay Today, the Leadership Conference on Civil and Human Rights, National Women’s Law Center, and Public Citizen are calling on the Senate to strengthen its bill.

Their letter points to serious weaknesses in the Senate bill, including that it doesn’t call for an independent investigator, instead putting approval of settlements in the hands of the ethics committees of both the House and the Senate to sign off on if the settlement is because of a member of Congress’s own actions:

“This provision appears to provide an opportunity for a Member who has settled a claim to avoid personal accountability and to be absolved from reimbursing the taxpayers,” the groups wrote in the letter.

Additionally, the Senate bill fails to hold members liable for discrimination settlements:

“A Member who has committed wrongdoing should be liable for all damages negotiated in a settlement or awarded by a court; they should not be shielded from the consequences of their actions,” they wrote.

Seriously. Time for Congress to be held accountable—and the way for that to happen is for Congress to write its own rules to demand accountability.

This blog was originally published at Daily Kos on May 25, 2018. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

Women of color face barriers in sexual harassment claims

Tuesday, May 8th, 2018

Women of color are more likely to experience sexual harassment, yet less likely to report it.

The dynamic is true across all sectors, including state and federal government jobs. The increased awareness and sympathy in the wake of #MeToo and #TimesUp doesn’t always translate when the victim of sexual harassment is a minority woman.

What needs to change to make it safe and viable for women of color to report harassment?

Minority women are still leery of coming forward

Numerous surveys and studies indicate women of color experience sexual harassment at a higher rate than white women. This is especially true in low-wage occupations such as food service and housekeeping. So why don’t formal harassment complaints reflect this?

  • Women of color are both fetishized and marginalized, making them frequent targets for harassment. This is especially true if they are isolated in the workplace. I’m the only non-white woman in my whole department. They worry that co-workers or supervisors will not back them up.
  • Dominant culture stereotypes can inhibit investigation of workplace harassment. Asian women are submissive. Black women are dramatic. Latinas are hotheads. Such preconceptions can skew how sexual harassment complaints are perceived and processed by management or HR.
  • Cultural norms also influence women from minority communities, including what they consider harassment and whether to report it. We don’t snitch on our own. You should take it as a compliment. Our people don’t rock the boat. No one will take a black woman seriously.

These external and internal messages get in the way of holding harassers accountable. Instead of focusing on the sexual harassment, the victim is more likely to be doubted or “handled” if she is a woman of color.

More to lose, less to gain

Women from racial and ethnic minorities are already at a disadvantage when it comes to hiring and advancement. Like all women, they have to weigh the risks and rewards when deciding whether to blow the whistle on harassment. But women of color are less likely to be believed and supported, even within the current environment to expose sexual harassment. According to The Alliance, for every black woman who reports a sexual assault, there are 15 black victims who don’t even bother to go to police.

Women of color are also more likely to suffer retaliation after reporting sexual harassment – transfers, poor performance reviews, denial of security clearance, or even termination. And so the self-dialogue becomes how much harassment they are willing to put up with.

You do not have to fight this battle alone.

The inequality won’t change overnight, but the needle is moving in the right direction. Women of color do have legal recourse to stop workplace sexual harassment and pursue civil damages. An employment law attorney can help document the harassing behavior, identify allies (or reluctant witnesses) and initiate a formal sexual harassment complaint through the EEOC or other channels.

This blog was originally published at Passman & Kaplan on May 4, 2018. Reprinted with permission. 

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

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