Informal approach may stop sexual harassment

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Dear Joan:
This is in regard to the issue of office sexual harassment. Can you pass on tips on how to deal with episodes like those I had with better success? Granted, I was working in an office of male salespersons who are not known for being the most sensitive of colleagues.

The most egregious incident occurred while we were all in one car after gathering leads. The boss turned to me and said there had been some discussion and they wanted to know if I would show my chest if they asked me. I said, no that (I named another salesman) could show his chest, which he did.

In a week of incidents in which everyone competed at a task blindfolded, the boss brought out and wore a training bra as a blindfold. Was it any wonder that the female sales reps spent so little time in the office? One was practically mauled by the boss until I threw a few drops of water in his face.

To repeat, do you have tips on how to handle such incidents? Since I only worked in this office a few months, is there any point to a charge of sexual harassment in court? Perhaps I should just write 9 to 5 and nominate this jerk as boss of the year.

Answer:
Though he may well qualify for the "Jerk of the Year" award, there's a good chance he isn't aware that what he is doing is considered sexual harassment. Studies show that men and women disagree about more subtle forms of sexual harassment such as teasing and jokes. The reason is that our society's standards of decency are all over the map. For example, some think Madonna's new book is "art," others think it is disgusting; cable TV offers nude jump roping and prime time television shows are explicit. So if your boss and his predecessors have always had a work culture of sexual fun, they may think they aren't sexual harassers. Of course, the point is that you and others do.

In a case like this, your best bet may be to approach the harassers informally first. You could say, "I know you think it's funny but I don't." If you aren't taken seriously, go to the Human Resources Department or the person's boss to see if this can be dealt with in an informal way. Sometimes all it takes is a fifteen minute meeting to let the harasser know their behavior is unacceptable. It causes less emotional stress on both sides if can be stopped before it becomes a full-blown, major investigation.

The EEOC guideline states 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 either explicitly or implicitly a term or condition of employment;

·        Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual;

·        Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. This applies not only to gestures and comments but also applies to displaying offensive sexually graphic materials which are not necessary for business purposes.

The environment you described sounds as if it kept the women from coming into the office, which may have had an impact on their jobs. Also, it appears that it was "offensive, hostile or intimidating." Julie Buchanan, a Milwaukee attorney who represents and advises business in employment law matters, explains how the courts determine if there is a hostile working environment: "The test is whether the conduct was sufficiently severe or pervasive...things such as how frequently it was repeated, whether it was a supervisor or a co-worker, whether others joined in the harassment, whether it was directed at more than one person and whether it was verbal or physical or both."

The courts look at what you did to make it clear that this was unwelcome behavior. Your response to his behavior may not have been assertive enough and clearly disapproving. Courts may deny a claim because of "mixed signals" from the plaintiff.

However, even if the company doesn't know the harassment is occurring, they could be charged. Buchanan advises, "The business may not know about it but would be well- advised to have a policy and a procedure on how to handle sexual harassment complaints." The courts do look at whether the company has a policy in place and if they communicate it.

9 to 5 has a hotline you can call (800)522-0925 for more information. And the new book 9 to 5 Guide to Combating Sexual Harassment (Wiley) by Ellen Bravo and Ellen Cassedy provides many good examples to help you decide how to handle your situation.

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