Understanding And Managing The Sexual Harassment Issue
BY WILLIAM L. BINGHAM
Sexual harassment should be an issue of concern to all fire service managers. As more women enter nontraditional job fields, including the fire service, it becomes increasingly necessary to reassess the standards of behavior in the workplace. Although many organizations have sexual harassment policies in place, problems continue to arise in the workplace.
Sexual harassment is discriminatory behavior prohibited under the Equal Employment Opportunity Commission (EEOC), Title VII of the Civil Rights Act of 1964, and many state and local laws. Fire service leaders, therefore, must incorporate a plan of action that includes comprehensive training to help personnel understand the importance and implications of sexual harassment. Inaction and “pseudoreaction” (a halfhearted or insincere response) are not choices for dealing with this contemporary problem, which is not going to go away and which calls for immediately replacing some long-held myths with substantial and reliable information. An organization`s underlying philosophy should reflect a commitment to making the workplace a safe and nondisruptive environment free of any form of discrimination or harassment. Harassment attitudes and behaviors must be explored, and training and effective policies to control future occurrences must be implemented. Undoubtedly, insecurity may surface when a supervisor ignorant of prevailing social standards is forced to deal with issues relating to sexual harassment.
THE LAW`S VIEW OF SEXUAL HARASSMENT
Sexual harassment is defined as (a) the making of unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of employment; or (b) making submission to or rejection of such conduct the basis for employment decisions; or (c) creating an intimidating, offensive, or hostile working environment by such conduct. An employer`s retaliation against a person who reports an act of sexual harassment is also illegal.
Conduct prohibited by law includes, but is not limited to, the following:
unwanted sexual advances, flirtations, or propositions;
repeated unwelcome sexually oriented verbal “kidding” jokes, remarks, criticisms, demeaning sexual innuendoes, or humor about sex or gender-specific traits or stereotypes;
demands for sexual favors in exchange for favorable treatment or continued employment;
unwanted sexually oriented jokes or remarks;
verbal abuse of a sexual nature;
graphic verbal commentary about an individual`s body, sexual prowess, or sexual deficiency;
workplace display of sexually suggestive objects, pictures, posters, or reading materials;
a coerced sexual act or assault;
unwelcome physical contact of a sexual nature such as pinching, grabbing, patting, or unnecessarily brushing against another person`s body; and
leering, whistling, sexually suggestive or insulting noises, or other gestures of a sexual nature.
Formulating and implementing a comprehensive sexual harassment program enhances personnel self-awareness, creates a more comfortable working environment, and fosters a better understanding of the implications of sexual harassment, particularly in supervisors.
Legal actions taken against a supervisor and the consequences that may ensue from allegations of sexual harassment can have a great impact on an individual`s personal life and career as well as on the employer organization. The more adept a fire service supervisor is at recognizing, understanding, and effectively dealing with an incident relating to sexual harassment, the better the chances for avoiding a major incident.
A WIDESPREAD PROBLEM
Just how prevalent a problem sexual harassment is can be seen from the results of a telephone survey conducted by the National Association of Female Executives from October 8 to 11, 1991. Of the 1,300 members surveyed, 53 percent reported they or someone they knew had been sexually harassed; 64 percent of those who said they had been sexually harassed did not report the incident; and of the 36 percent who reported the incident, 52 percent said the incident was not resolved to their satisfaction.1 These findings are consistent with other studies.2
Although sexual harassment does not affect women exclusively, research shows that gender is the most important factor when determining sexual harassment victims.3 A New York Times poll conducted in October 1991 found that four out of the 10 women who participated in the poll had been harassed and that five out of 10 men who responded reported they had said or done something that could be construed as sexual harassment.4
Every U.S. employer organization in the United States, including the fire service, is responsible for making sure that both the men and women in their employ know what is right and what is wrong with regard to sexual discrimination. Fire officers must monitor the work environment for signs of potential incidents to prevent sexual harassment or discriminatory practices from developing. The sooner the fire service realizes the magnitude of the sexual harassment problem, the sooner it can go about the business of service delivery and productivity.
The fire service is unique and must take special precautions with regard to specific social conditions such as platoon shifts. On these shifts, males and females work in a relatively confined area for prolonged periods. In addition, whenever males and females work in stressful situations, there is cause for concern; extra attention must be given to the sexual harassment issue. The department must have in place and enforce a strong policy prohibiting sexual harassment and an appropriate mechanism for conveying this information to all department members.5
It is impossible to resolve potential sexual harassment problems by taking an after-the-fact reactive stance. A proactive approach is needed. The program should begin with comprehensive training that emphasizes understanding the issue, including the legal implications; conforming to policies and laws; and developing a sense of realism pertaining to the issue_stressing especially that the issue is not going to go away. From the vantage point of a fire officer, sexual harassment is but one more social issue on which the fire officer must be fully informed. Human resource management (people issues) has become a priority for the fire officer, whose role has been constantly changing to meet the demands being made on the fire service as it enters the 21st century.
SOCIETAL IMPACT AND PERSONAL ATTITUDES
The current interest in sexual harassment provides departments with an opportunity to understand the issue from a new perspective and to develop a mutual respect between male and female firefighters. The firehouse was an all-male institution until relatively recent times. The unwritten social policies of the past are no longer effective: “Women entering jobs traditionally held by men only may find that crudity and sexual jokes are an accepted way of life, but the fire service has no excuse for allowing sexually harassing behaviors,” warns one fire service observer.6 Men need to understand that a woman`s perception and response to sexual harassment issues can vary greatly from a man`s perception and response.7
MYTHS PERSIST
Sexual harassment is an issue that has been grossly misunderstood. Many myths, especially the following, still find widespread acceptance despite the fact that they bear no relation to reality.
Myth 1: When a woman says “no,” she
really means “yes.”
Fact: Men cannot assume they know
what a woman really wants. For
fear of reprisal, many women can
not put up a strong resistance to
sexual pressure.
Myth 2: Many charges of sexual harass-
ment are false. Women are fanta
sizing or lying to get men in trouble.
Fact: According to a survey of Fortune
500 managers conducted by Work-
ing Woman magazine (December
1988), false reports are rare. There is little incentive for women to file
false harassment charges.
Myth 3: Women bring harassment on
themselves by the way they dress.
Fact: While the organization should
control provocative dress in the
workplace, a woman`s appearance
and dress do not give men a lic-
ense to break the law.
Myth 4: Middle- and upper-class working
women do not suffer from sexual
harassment.
Fact: Job-related reprisals can be used
effectively regardless of the status
of the employee. Harassment is as
much an impediment for profes-
sional and managerial women as it
is for those in lower-echelon jobs.8
The EEOC reports that “complaints of sexual harassment in the workplace increased 25 percent in the past five years.”9 A sizable percentage of women surveyed in a wide variety of work settings reported being subjected to unwanted sexual attention, sexual comments or jokes, offensive touching, or attempts to coerce compliance with or punish rejection of sexual advances.10
Masculinity and male ego have been securely linked to “male” professions. Over the years, men have failed to develop an appropriate mechanism for intellectualizing and redirecting their anger and hostility. Therefore, they often deal with this inherent anger by striking out at their female counterparts who dare to encroach on “their” domain.11 Research prior to 1980 suggested that an individual`s attitudes and traits vary according to sex. More recent studies, however, argue that attitudes and traits depend on an individual`s role and responsibility rather than on sexual orientation.12 Other studies indicate that a person`s toleration of a specific behavior does not necessarily reflect the person`s general attitude toward that behavior. Even when individuals find an action offensive, for example, they may not object to it because of a fear of the possible consequences, such as being fired or not hired in the first place. A number of respondents to a study indicated that they still believe that some forms of sexual harassment are normal and acceptable.13
THE COURT`S IMPACT ON SEXUAL HARASSMENT ISSUES
The Anita Hill-Clarence Thomas hearings in the fall of 1991 have intensified employers` interest in sexual harassment. The Civil Rights Act of 1991, which amended the 1964 version, justifies concerns and tends to set the stage for an increase in sexual harassment litigation.14 This act redefines discrimination, exposes employers to greater financial liability, and shifts the burden of proof from the employee to the employer.15
Several court cases have attempted to deal with complex problems arising out of previous cases. Among these cases, Tompkins v. Public Service Electric & Gas Company dealt with determining a balance between social dialogue and the potential of that dialogue to become a sexual harassment issue. In Meritor Savings Bank v. Vinson, the court distinguished between “voluntary” and “involuntary” as well as “welcome” and “unwelcome” advances. In this case, the Supreme Court rejected the strict “quid-pro-quo” view as the only form of sexual harassment and authorized suits to be filed based on “hostile, offensive or intimidating work environment.”16, 17 Another finding in this case held that an employer, while not automatically liable for acts of sexual harassment if no notice is given to the employer, may be held liable in certain instances in which notice is not provided.18 Courts are now ruling that conduct has to be judged not by the old “reasonable-man” rule but from the eyes of a “reasonable woman.”19
A recent unanimous Supreme Court ruling in Harris v. Forklift Systems affirmed the EEOC`s original definition of sexual harassment. This reinforcing decision countered standards introduced by lower courts stating that there was a necessity to prove that harassment caused serious psychological injury or affected work performance. Unwelcome sexual conduct constitutes sexual harassment, the Supreme Court reiterated, if a reasonable person would, and the harassed does, perceive the behavior as creating a hostile work environment.20
DEVELOPMENT AND IMPLEMENTATION OF AN ACTION PLAN
If any good came out of the Hill-Thomas hearings, it was the increased level of sensitivity one may feel for the rights and feelings of a coworker. A Washington Post-ABC News poll indicated that public agreement on what constitutes sexual harassment as well as awareness of its prevalence in the workplace has grown significantly over the past year. In one study, nearly four out of 10 men surveyed said they have changed the way they behave toward women in the past year “out of concern that a woman might consider these things to be sexual harassment.” The survey also indicated that more people have come to believe the testimony of Anita Hill in the months following the hearings.21
As this new public awareness evolves, managers must be prepared to deal with the issues in an effective manner.22 Every fire officer must take the lead to eliminate all forms of harassment to maintain the department`s focus on carrying out the organization`s mission instead of possibly having to expend valuable time and energy dealing with sexual harassment problems.23 Smart managers should recognize and deal with anything that can seriously interfere with employee morale, well-being, and productivity. There is no one specific model for a good sexual harassment policy. Managers must develop programs based on the circumstances prevalent within their organizations.24
One recommendation is that, before instituting a training program, department leaders seriously discuss with members the issue of sexual harassment and the department`s intent to reduce organizational and individual liability that can result from engaging in such behavior.25 Failing to recognize how easily sexual discrimination can divide and disrupt an organization is shortsighted and senseless. Education and training are necessary because of the relevant laws, theories, and various viewpoints that must be considered.26
Prevention training should provide opportunities for participants to observe others who exhibit both active and passive responses to social issues.27 Trainees who have experienced sexual harassment should be encouraged to analyze their responses or perceptions so that the larger group can benefit. Open discussions may provide a more comfortable educational process on a topic that is usually painful and embarrassing. Many participants may find that they share common fears in confronting sexual harassment. Underlying the treacherous nature of sexual harassment issues are extremely negative attitudes that can promote discrimination and offensive behavior. This is truly an issue in which an ounce of prevention is worth a pound of cure.28
Sufficient information is available to help departments put forth recommendations to rectify identified problems resulting from a lack of understanding of sexual harassment and the absence of a policy to cover this issue.
Following the Hill-Thomas hearings in October 1991 and the passage of the 1991 Civil Rights Act shortly thereafter, many organizations examined their policies on sexual harassment. No organization has a guarantee that it is free of the insensitivity and misconduct associated with sexual harassment. Therefore, every organization, including every fire department, must evaluate its system for dealing with sexual harassment incidents and must ensure that mechanisms are in place to prevent them and deal with them promptly should they occur.
Excuses for not having a policy related to sexual harassment are as prevalent as the myths surrounding this issue. The following outline may be helpful to departments setting out to develop such a policy (tailored to each organization`s special circumstances, of course):
1. Develop or solicit a training program that addresses sexual harassment issues.
a. Define sexual harassment.
b. Examine the impact of sexual harass- ment.
c. Discuss legal/liability concerns.
d. Conduct sensitizing sessions.
e. Discuss the history of sexual harass-
ment and review case studies.
2. Constantly remind employees of the organization`s dedication to preventing sexual harassment.
3. Develop a department policy statement pertaining to sexual harassment.
a. Educate employees on the specifics
of the policy.
b. Allow for confidentiality of all parties.
c. Establish line of communication with employees:
(1) Encourage victims to step forward.
(2) Encourage employees to report
violations.
d. Clearly define the consequences of
noncompliance with the sexual
harassment policy.
4. Be prepared to deal with sexual harassment issues immediately and firmly, and without exception.
The steps listed above are not all-inclusive. It is important to remember, however, that negative attitudes regarding sexual harassment usually are deep-rooted and constitute a form of prejudice not easily or quickly remedied. Any program dealing with sexual harassment is going to be met with cynicism. This attitude, as well as the obstacles that will arise as department members begin to realize that the new and legal policy may be “a deviation from the established norm,” will have to be overcome.
Respect for and sensitivity to people`s differences are key to avoiding sexual harassment problems.29 The best way for fire officers to deal with sexual harassment is to come up with a clearly understood, uncompromising, and comprehensive written policy statement; make sure that all workers become familiar with it; and make it an integral part of the departmental standard rules of conduct.
The policy should include at least the following:
a clearly written statement that emphasizes that sexual harassment will not be tolerated,
a summary of the potential consequences for engaging in harassing behavior,
an outline of the procedures for promptly and effectively investigating and handling reports of sexual harassment,
the name of the party (an individual trained in the idiosyncrasies of sexual harassment, knowledgeable in the filing process, and willing to provide a comfortable and confidential environment in which to report such claims) to whom the claimant is to report, and
a statement charging all personnel with the responsibility to report incidents of harassment.
* * *
All employees–regardless of race, sex, national origin, physical disability, age, or religion–deserve the right to be treated fairly and with respect when seeking a job, while on the job, and in preserving job security. Furthermore, they have the right to be free from discriminatory employment decisions and practices. The 1980 EEOC guidelines define sexual harassment as a form of sex discrimination.30 Under these guidelines, what some may have regarded as “good-natured kidding around” in the past now may meet the criteria for sexual harassment.
The offensive and hostile work environment created by sexual harassment may result in extremely costly settlements. Therefore, because employers are ultimately held responsible for the acts of their employees, fire officers, in protecting the interests of their employers, must be concerned with developing strategies that will prevent sexual harassment incidents. A fire officer`s responsibilities with regard to sexual harassment include acquiring a thorough understanding of all facets of this issue; developing departmental policies, employee awareness, reporting procedures, and procedures for handling complaints; providing due process to the victim and the alleged perpetrator; resolving other legal issues that may arise; and dealing with the media.
Obviously, we have a long way to go before we can say we have control of, or even feel comfortable with, this important social issue. Much more study is needed before we can fully understand the impact of this relatively new problem. However, our objective with regard to this issue is clear. Let`s get on with it. n
References
1. Sexual harassment: Addressing the new realities of the 1990s (Research no. 30-7040-02-92), Bureau of National Affairs, Rockville, Md., 1992, 6.
2. Backhouse, C. & L. Cohen, Sexual harassment on the job: How to avoid a working woman`s nightmare. (Prentice-Hall, Englewood Cliffs, N.J.), 1981.
3. Webster, C., “Facing off on sexual harassment,” Fire Chief, August 1992, 72-77.
4. Bravo, E. & E. Cassedy, The 9 to 5 guide to combating sexual harassment. (John Wiley & Sons, Inc. New York, N.Y.) 1992, 5.
5. Blackstone, S. “Sexual harassment in the firehouse,” Firehouse, April 1992, 90-92.
6. McQueen, I. “From the frying pan to the fire,” Chief Fire Executive, April 1986, 47.
7. Webster, C.
8. Backhouse & Cohen, 40-42.
9. Wagner, E. “Effective policies for prevention and investigation,” American Management Association, Feb. 1992, 11.
10. Riger, S. “Gender dilemmas in sexual harassment: Policies and procedures,” American Psychologist; 1991, 46 (5):497-505.
11. Barron, D. “Men, women and harassment,” Emergency, July 1988, 31-35.
12. Chusmir, L.H. & C.S. Koberg, “Relationship between self-confidence and sex role identity among managerial women and men,” Journal of Social Psychology; 1991, 131(6), 781-790.
13. Campbell, J.L., Male faculty attitudes toward women and tolerance for sexual harassment. Dissertation Abstracts International, DA9033545, 1990.
14. Benton-Powers, S. “Sexual harassment: Civil rights act increases liability,” American Medical Association Journal;1992, 2:10.
15. Schuler, R.S. & V.L. Huber. Personnel and Human Resource Management, 5th ed. (West Publishing Company Minneapolis/St. Paul, Minn.) 1993, 92,638.
16. Stark, S.J. “Sexual harassment in the workplace: Lessons from the Thomas-Hill hearings, Trial, May 1992, 116-122.
17. Schrader, G., “Avoid sexual harassment hassles,” Fire Chief, June 1990, 47-52.
18. Petrini, C.M., “Training 101: Unwelcome advances,” Training and Development, May 1992, 19-21.
19. Tomayo, J., “A snapshot of the Thomas-Hill hearings,” The Miami Herald, Nov. 16, 1991, A14.
20. Bravo, E. “Smart Employers Know Harassment Is Counterproductive Bad for Business,” Fort Lauderdale Sun Sentinel, Dec. 15, 1993,18a).
21. “Agreement Grows on What Sexual Harassment Is,” Washington Post Service, Miami Herald, Dec. 19, 1992,6A.
22. Anderson, S., “Handling sexual harassment complaints,” Training and Development, Feb. 1992, 12.
23. Sexual/minority harassment, Mathis & Associates Publication 9.3-9.4, Napa, Calif., in Fire Chief`s Survival Guide, 1982.
24. Bravo & Cassedy.
25. McQueen, I. “Sexual harassment: Challenge or crisis in the fire department?” Fire Chief, August 1985, 69-72.
26. Shouldis, W. “Sexual harassment,” Fire Engineering, Sept. 1992, 101-107.
27. Thacker, R.A. “Preventing sexual harassment in the workplace,” Training and Development, Feb. 1992, 51-53.
28. Bureau of National Affairs, 17.
29. Bureau of National Affairs, 24.
30. Schuler & Huber, 638.
WILLIAM L. BINGHAM, a 19-year veteran of the fire and emergency medical services, is deputy chief of the Sunrise (FL) Fire-Rescue Department. A nationally registered paramedic, he has associate`s degrees in fire science technology and in emergency medical services, has a bachelor`s degree in political science, has completed the requirements of the executive fire officer program at the National Fire Academy, and is pursuing a master`s degree in public administration at St. Thomas University in Miami, Florida. He is a paramedic instructor at Broward Community College in Fort Lauderdale, Florida.
