This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. CHAPTER 2 The Nature and Extent of Sexual Harassment in the Federal Workplace It is an unlawful emplollment practice for an employer...to discriminate against any individual with respect to compensation, terms, conditions or privileges of emplollment, because of such individual's race, color, religion, sex or national origin. -1 Sexual harassment deserves special attention among the various forms of discriminatory behaviors. Any sexual harassment carries with it an implied threat, whether it be a job action from a supervisor or withheld cooperation from coworker. A Survey Respondent -2 Summary of Findings * Compared to just 7 years ago, when given a list of different actions of a sexual nature, more Federal employees agree that most of those actions can constitute sexual harassment. * In 1987, 42 percent of women and 14 percent of men employed by the Federal Government said they experienced some form of uninvited and unwanted sexual attention; i.e., sexual harassment. This is almost identical to the overall incidence of sexual harassment found in 1980. * The form of sexual harassment experienced most frequently by respondents is "unwanted sexual teasing, jokes, remarks, or questions." The type of harassment experienced least frequently--"actual or attempted rape or assault" is also arguably the most severe. * The incidence rate for sexual harassment varies by agency. For women, the incidence rate ranged from a high of 52 percent at the Department of State to a low of 29 percent at the Department of Health and Human Services. For men, the incidence rate varied from a high of 21 percent at the Veterans Administration to a low of 10 percent at NASA and the Department of Commerce. * Among the 16 agencies whose employees were surveyed in both 1980and 1987, several indicated some shifts in the percentage of employees who claimed they had experienced some form of sexual harassment in the most recent 24-month period. While some agencies showed small to moderate increases in the percentages, a few experienced significant decreases. * Federal workers believe that sexual harassment is no worse in the Federal Government than in the private sector. * Coworkers are much more likely than supervisors to be the source of sexual harassment. Supervisors should not be allowed to let this kind of behavior exist among those who work under them. For that matter, supervisors should not be allowed to get away with it. A Survey Respondent The Percentage of Federal Employees Who Define Various Uninvited Behaviors of a Sexual Nature as Sexual Harassment Increased Between 1980 and 1987 Sexual harassment is a "term of art" that is given different meanings by different people. Since the Board's l981 report on sexual harassment, some of the questions and issues have been clarified. For instance, there is no longer any question that sexual harassment can happen to men as well as to women. The EEOC guidelines, which have been upheld in the courts, define sexual harassment a.s unwelcome sexual behavior that makes submission a condition of decisions affecting an individual's employment or that creates a hostile or offensive working environment. This has become a widely accepted definition. -3 A key point is that sexual attention beeomes sexual harassment when (among other things) it is "unwelcome." Thus, whether the perpetrator intentionally or unintentionally sexually harasses another person is not the only issue. How that behavior is received by the person to whom it is directed is also important. Because of this subjective aspect of sexual harassment, in order to reduce its incidence it is not enough that employees simply know intellectually which behaviors can constitute harassment. Their knowledge must be accompanied hy sensitivity to how others might. perceive their behavior or be affected by it and should include a willingness to modify that behavior if it is offensive. General information would be helpful in pointing out the problems that can arise from thoughtless as well as intended sexual harassment. People should be made more sensitive to the issues involued. A Survey Respondent In both the 1980 and 1987 surveys we asked workers to tell us which of certain uninvited behaviors (whether experienced themselves or by someone else) they considered to be sexual harassment, first when done by a supervisor and second when done by a coworker. The six behaviors as listed in both the 1980 and the 1987 questionnaires, are: (1) Uninvited letters, telephone calls, or materials of a sexual nature; (2) Uninvited and deliberate touching, leaning over, cornering, or pinching; (3) Uninvited sexually suggestive looks or gestures; (4) Uninvited pressure for sexual favors; (5) Uninvited pressure for dates; and (6) Uninvited sexual teasing, jokes, remarks, or questions. The responses show that overall, compared to their opinions in 1980, a greater percentage of Federal employees in 1987 would definitely or probably consider these behaviors to be sexual harassment. (See figs. 2-1 through 2-4.) In both years, the percentage o1 Federal employees who considerod the listed uninvited behaviors to be sexual harassment varied by behavior. The l987 data show that Federal workers solidly believe that four types of behavior-- uninvited pressure for sexual favors; pressure for dates; deliberate touching, leaning over, cornering, or pinching; and uninvited letters, telephone calls, or materials of a sexual nature-- constitute sexual harassment. There is substantially less agreement among Federal employees about whether the remaining behaviors--uninvited sexually suggestive looks or gestures and uninvited sexual teasing, jokes, remarks, or questions--also constitute sexual harassment. Employees Hold Supervisors to a Higher Standard As we noted, employees increasingly consider most behaviors listed in the survey to be sexual harassment, no matter what position the potential harasser holds. However, data show that some employees are more likely to view certain actions as sexual harassment if taken hy a supervisor but not if taken by a coworker. (See figs. 2-1 through 2-4.) Even though uninvited sexual harassment from your supervisor or coworker would both be considered sexual harassment, you would be able to take actions to stop the harassment from a coworker without fear of reprisal. On the other hand, you would be reluctant to report your supervisor because of his position and your fear of what might happen to you on the job. A Survey Respondent Looking at some of the specific behaviors, we find virtual consensus among Federal employees (99 percent for women and 95 percent for men) that uninvited pressure for sexual favors by a supervisor is sexual harassment. It is the behavior that employees most often agreed is sexual harassment, even more so than in 1980. The next highest percentage (95 percent women, 89 percent men) believed that sexual harassment occurs when a supervisor deliberately touches, leans over, corners, or pinches another employee--and again this represents an increase from the 1980 percentage. (See figs. 2-1 and 2-2.) The 1987 data also show an increase from 1980 in the number of employees who believe that uninvited pressure for dates from a supervisor is sexual harassment. For example, in 1980, 77 percent of women and 76 percent of men thought that when a supervisor pressures another employee for a date it is harassment. In 1987, 87 percent of women and 81 percent of men believed this behavior on the part of a supervisor is sexual harassment. The percentage of employees who believe that the listed forms of behavior are sexual harassment when initiated by a coworker also increased for all but one of the listed behaviors--uninvited letters, calls, or materials of a sexual nature. (See figs. 2-13 and 2-4.) In 1980, 65 percent of women and 59 percent of men believed that unininvited pressure for dates by a coworker is sexual harassment. By 1987, those percentages had increased to 76 percent for women and 66 percent for men. Employees Do Not Always Agree on What Behaviors Constitute Sexual Harassment I think information on what is considered sexual harassment needs to be publicly provided. I feel there is a gray area that needs to be clarified-- for example, unwanted looks and remarks. A Survey Respondent The increases found in the percentages of employees who believe certain ininvited behaviors to be sexual harassment may have resulted in part from agency training on sexual harassment as well as increased public awareness about actions that may constitute this prohibited behavior. However, as indicated by the comparatively lower percentage of employees who regard unwanted sexual remarks jokes or teasing from a coworker to be sexual harassment (see figs. 2-l through 2-4), individuals disagree considerably as to whether some behaviors constitute sexual harassment. In part, this may stem from the fact that whether a certain action or behavior is sexual harassment depends not only on the intent behind the action or behavior but also on the perceptions of those affected. When sexually harassing behavior is pervasive, these kinds of activities--the sexual jokes, the inslllting sexual remarks or gestures--may contribute to a hostile environment in the workplace. The EEOC guidelines on sexual harassment make it clear that a hostile work environment resulting from sexual harassment is unlawful and this interpretation has been upheld by the Supreme Court. Supervisors who know (or should have known) about the sexual harassment of those working for them and yet do not take immediate action to stop it can be held accountable. So too, of course, can be the employee or employees responsible for creating the offensive or hostile environment. Sexual Harassment in the Federal Government Remains Widespread The possibility for more sexual activity at work follows from the growth of women's involvement in the labor force. Over 50 percent of adult women are aurrently in the labor force, up from 32 percent in 1960... -4 I become very tired of hearing how pretty you are, how sexy you look, I love your ---, and on and on. You sometimes don't even want to look nice for yourself because it causes unwanted comments. A Survey Respondent MSPB questionnaires in both 1980 and 1987 asked Federal workers if they received, during the previous 24 months, uninvited and unwanted sexual attention on the job. The forms of univited behavior listed in the survey are the following: (1) Actual or attempted rape or sexual assault; (2) Unwanted pressure for sexual favors; (3) Unwanted deliberate touching, leaning over, cornering, or pinching; (4) Unwanted sexual looks or gestures; (5) Unwanted letters, telephone calls, or materials of a sexual nature; (6) Unwanted pressure for dates; and (7) Unwanted sexual teasing, jokes, remarks, or questions. Our 1987 data indicate that sexual harassment in the form of one or more listed behaviors remains widespread in the Federal workplace. Overall, in 1987 approximately 42 percent of women and 14 percent of men claimed they experienced one or more instances of uninvited and unwanted sexual attention. That is virtually the same percentage of Federal workers who said in 1980 that they had been similarly harassed - 42 percent of women and 15 percent of men. The harassment I referred to consisted of tasteless sexists jokes by a supervisor. A Survey Respondent The kinds of sexual harassment most often experienced by both men and women are sexual teasing, jokes, remarks, or questions; sexually suggestive looks or gestures; and touching, leaning over, cornering, or pinching (see figs. 2-5 and 2-6). Thirty-five percent of all female employees and 12 percent of all male employees reported experiencing uninvited sexual teasing, jokes, remarks, or questions. Twenty-eight percent of women and 9 percent of men had experienced uninvited sexual looks or gestures; 26 percent of women and 8 percent of men had been subjected to unwelcome touching, leaning over, cornering, or pinching. As shown in figures 2-5 and 2-6, varying percentages of Federal employees have experienced each of the listed forms of sexual harassment, up to and including attempted or actual rape or assault. Even though the percentage is small for this last and most severe form of harassment, when the data are extrapolated to the entire work force, they show over a 2-year period approximately 6,281 women and 3,347 men experienced actual or attempted rape or sexual assault. The rape occurred while I was on travel. I called my husband (who was not my husband at the time) who came and got me. He confronted my assailant, punched him, and told him if he ever looked at me again we'd make sure his career and his homelife would be ruined. After that he pretty much left me alone. A Survey Respondent Employees Perceive Sexual Harassment as Slightly Less of a Problem Now Than 5 Years Ago Approximately 21 percent of the respondents to the 1987 survey said they believed sexual harassment in the Federal Government is either less or much less of a problem today compared to 5 years ago. Only 10 percent said they believed it is more or much more of a problem. Another 21 percent thought the extent of the problem has stayed the same. Approximately 41 percent expressed no opinion and 8 percent thought sexual harassment was never a problem in the first place. Incidence Rates Vary by Agency The data in both 1980 and 1987 sho that incidence rates vary considerably from agency to agency. (See tables 2-1 and 2-2.) In 1987, for women the incidence rate ranged from a high of 52 percent at the Department of State to a low of 29 percent at the Department of Health and Human Services. For men, the incidence rate ranged from a high of 21 percent at the Veterans Administration to a low of 10 percent at NASA and the Department of Commerce. In a few cases (e.g., the Departments of Labor and Transportation) among the l6 agencies that were surveyed in both 1980 and 1987, there were significant decreases in the percentage of female employees claiming they were harassed. Some Individuals Are More Likely Than Others To Be Victims of Sexual Harassment While both women and men are sexually harassed, women are still far more likely than men to be victims. In 1981 we reported that about twice as many men as women held Federal and two out of three victims were women. Since then, the total workforce has grown, with the number of federally employed women increasing by at least 100,000. -5 What this means, of course, is that while the overall percentage of women in the Federal Government who claimed they were sexually harassed remained relatively constant during the 7-year period covered by this study, the actual number of women experiencing harassment increased. In my 20 years of Government employment, I haue found the degree of sexual harassment to be basic to the blue-collar area (more crude remarks/advances). It is more subtle in the white-collar area; however, the effects are more devastating. A Survey Respondent The more subtle types of sexual harassment are a hand on the shoulder, if not wanted, or dirty jokes in the hall or lunchroom, or innuendos and looks. A Survey Respondent Although victims of sexual harassment can be found in all occupations and all organizations, a profile of the typical sexual harassment victim based on our 1987 data shows that certain organizational, occupational, and personal characteristics increase the chances that one will become a victim. Based on data from respondents the survey findings reveal that: Women more likely to be at risk-- (1) Have a nontraditional job; (2) Are working in a predominantly male environment or have a male as their immediate supervisor; (3) Have attended college and some graduate school; (4) Are single or divorced and between the ages of 20 to 44; or (5) Have been with the Federal dovernment for fewer than 15 years. Men more likely to be at risk-- (1) Are divorced or separated and are 20 to 44; (2) Work in office/clerical or trainee positions; or (3) Are working in a predominantly female work group or have a female supervisor. Victims are most often harassed by coworkers. Both male and female victims reported most often that they were harassed by coworkers or other employees, rather than by supervisors. (See fig. 2-7.) Sixty-nine percent of female and 77 percent of male victims indicated in 1987 that they were harassed by either a coworker or another Federal employee without supervisory authority over them. Twenty-nine percent of women and 19 percent of men indicated they were harassed by either their supervisor or a higher level supervisor. Note: Because some victims were harassed by more then one person, these aggregated percentages cannot be obtained by adding the separate percentages shown on figure 2-7. Harassers are usually the opposite sex of their victim. Although in 1987 we did not repeat the 1980 question on sex of harassers, based on the Board's 1980 findings, the harasser of a woman is usually a man and the harasser of a man is usually a woman. As reported in the 1980 study, 95 percent of female victims were harassed by a man--79 percent of the time by a lone man and 16 percent by two or more men. Be aware that claims of sexual harcssment are not limited to women. One recent case received nationwide coverage. A jury awarded $196,500 in damages to a man who claimed his supervisor demoted him because he refused her sexual advances. -6 Sixty percent of male victims were harassed by a woman acting alone and 12 percent, by two or more women. Twenty-two percent of male victims however, reported that they were harassed by one or more men. In comparison, only 8 percent of women reported that they were harassed by another woman. Sexual Harassment Occurs Repeatedly and May Last Several Weeks or More In both the 1980 and the 1987 surveys, employees were asked how often they experienced sexually harassing attention. Their responses made it clear that harassment is not a one-time-only or isolated incident. For example, in 1987, 75 percent of victims who experienced sexual teasing or jokes said they experienced this behavior more than once. Some 54 percent of those who had been pressured for sexual favors said they had been pressured more than once. For the most part, however victims of actual or attempted rape or sexual assault said it was a one-time experience. Survey respondents also indicated that some forms of sexual incidents persist over time and that most go on for a week or more--and some for more than 6 months. Sexual Harassment Is Seen as No Worse in Federal Workplace Than in the Non-Federal Sector by Those Who Have Worked in Both The 1987 data show that among those Federal employees who have also worked in non-Federal jobs, 42 percent believe there is about the same amount of unwanted sexual attention in non-Federal jobs as there is in Federal jobs. Twenty percent of these employees said there is actually more harassment in non-Federal jobs while 8 percent think there is less. Thirty percent of these employees did not offer an opinion. TABLES AND FIGURES (format has been altered due to graphics limitations) FIGURE 2-1 Females' Definiton of Sexual Harassment When Supervisor is Offender Uninvited behavior by a supervisor Percentage of Female Respondents Who Consider The Indicated Behavior to be Sexual Harassment 1987 1980 Pressure for Sexual Favors 99% 91% Deliberate Touching 95% 91% Letters and Calls 90% 93% Pressure for Dates 87% 77% Suggestive Looks 81% 72% Sexual Remarks 72% 62% FIGURE 2-2 Males' Definiton of Sexual Harassment When Supervisor is Offender Uninvited Behavior By A Supervisor Percentage of Male Respondents Who Consider The Indicated Behavior to be Sexual Harassment 1987 1980 Pressure for Sexual Favors 95% 84% Deliberate Touching 89% 83% Letters and Calls 76% 87% Pressure for Dates 81% 76% Suggestive Looks 68% 59% Sexual Remarks 58% 53% FIGURE 2-3 Females' Definition of Sexual Harassment When Coworker is Offender Uninvited Behavior by a Coworker Percentage of Female Respondents Who Consider The Indicated Behavior to be Sexual Harassment 1987 1980 Pressure for Sexual Favors 98% 81% Deliberate Touching 92% 84% Letters and Calls 84% 87% Pressure for Dates 76% 65% Suggestive Looks 76% 64% Sexual Remarks 64% 54% FIGURE 2-4 Males' Definition of Sexual Harassment When Coworker is Offender Uninvited Behavior by a Coworker Percentage of Male Respondents Who Consider the Indicated Behavior to be Sexual Harassment 1987 1980 Pressure for Sexual Favors 90% 65% Deliberate Touching 82% 69% Letters and Calls 67% 76% Pressure for Dates 66% 59% Suggestive Looks 60% 47% Sexual Remarks 47% 42% FIGURE 2-5 Forms of Sexual Harassment Experienced by Women Forms of Sexual Harassment Percentage of all Female Respondents who Claimed they Experienced this Form of Sexual Harassment 1987 1980 Sexual Remarks 35% 33% Suggestive Looks 28% 28% Pressure for Dates 15% 26% Deliberate Touching 26% 15% Pressure for Sexual Favors 9% 9% Letters and Calls 12% 9% Actual or Attempted Rape or Assault .8% 1% FIGURE 2-6 Forms of Sexual Harassment Experienced by Men Forms of Sexual Harassment Percentage of all Male Respondents who Claimed they Experienced this Form of Sexual Harassment 1987 1980 Sexual Remarks 12% 10% Suggestive Looks 9% 8% Pressure for Dates 4% 7% Deliberate Touching 8% 3% Pressure for Sexual Favors 3% 2% Letters and Calls 4% 3% Actual or Attempted Rape or Assault .3% .3% FIGURE 2-7 Organizational Level of Harasser in 1987 Source of Harassment Percentage of Victims, by Sex, Who Claim that the Source of their Harassment was in the Organizational Level Shown Female Male Immediate Supervisor 12% 12% Higher Level Supervisor 19% 10% Coworker 41% 47% Subordinate 2% 10% Other Employees 37% 40% Other or Unknown 10% 10% TABLE 2-1 Incidence Rate of Sexual Harassment of Women in Each Agency AGENCY * FEMALE VICTIMS 1980 1987 1. State (incl. Agency for International Development - 52% and us Information Agency **) 2. Veterans Administration 46% 49% 3. Navy 44% 47% 4. Justice 53% 46% 5. Air Force 46% 45% 6. Army 41% 44% 7. NASA - 43% 8. Education - 42% 9. Governmentwide Average 42% 42% 10. Treasury 37% 41% 11. Housing and Urban Development 47% 41% 12. All other agencies 39% 39% 13. Energy 38% 38% 14. Labor 56% 37% 15. Small Business Administration *** - 37% 16. General Services Administration 35% 36% 17. Transportation 55% 36% 18. Agriculture 31% 36% 19. All other defense agencies 50% 35% 20. Commerce 40% 33% 21. Office of Personnel Management - 33% 22. Environmental Protection Agency - 33% 23. Interior 41% 32% 24. Health and Human Services - 29% * "Agency" refers to the major organization where the repsondent worked. Question 46 contained responses for the 21 largest departments and agencies, as well as a category of "other." The category of "other DOD" includes such agencies as the Office of the Secretary of Defense and the Defense Mapping Agency. The Department of Health, Education and Welfare (HEW) was listed in the 1980 survey. After the original survey was developed, HEW was abolished and the Dpartment of Health and Human Services and Department of Education were formed. ** The US Information Agency was refrred to as the International Communications Agency (ICA) from April 1978 to August 1982. *** In 1980, the Board did not collect data from the State Department, the Small Business Administration, the National Aeronautics and Space Administration (NASA), or the Office of Personnel Management. TABLE 2-2 Incidence Rate of Sexual Harassment of Men in Each Agency AGENCY * MALE VICTIMS 1980 1987 1. Veterans Administration 22% 21% 2. Justice 16% 19% 3. Treasury 14% 19% 4. Small Business Administration ** - 19% 5. All other defense agencies 13% 18% 6. Education - 18% 7. General Services Administration 16% 17% 8. Air Force 12% 16% 9. Housing and Urban Development 16% 16% 10. Environmental Protection Agency - 15% 11. Health and Human Services - 15% 12. Energy 14% 14% 13. Navy 14% 14% 14. Governmentwide average 15% 14% 15. Agriculture 12% 13% 16. State (incl. Agency for International - 12% Development and US Information Agency) 17. Interior 14% 12% 18. All other agencies 10% 12% 19. Army 16% 11% 20. Labor 10% 11% 21. Transportation 9% 11% 22. Office of Personnel Management - 11% 23. Commerce 12% 10% 24. NASA - 10% * "Agency" refers to the major organization where the repsondent worked. Question 46 contained responses for the 21 largest departments and agencies, as well as a category of "other." The category of "other DOD" includes such agencies as the Office of the Secretary of Defense and the Defense Mapping Agency. The Department of Health, Education and Welfare (HEW) was listed in the 1980 survey. After the original survey was developed, HEW was abolished and the Dpartment of Health and Human Services and Department of Education were formed. ** In 1980, the Board did not collect data from the State Department, the Small Business Administration, the National Aeronautics and Space Administration (NASA), or the Office of Personnel Management. *** The US Information Agency was refrred to as the International Communications Agency (ICA) from April 1978 to August 1982. NOTES 1. The Civil Rights Act of 1964 (42 U.S.C. 2000e2(a)(1)). 2. In the 1987 survey questionnaire, space was provided for respondents to volunter written comments. Over 1,500 respondents provided comments. Throughout this report, selected excerpts from those comments are provided where they illustrate employee opinions on a given topic. 3. See "Sexual Harassment: Employer Policies and Problems," PPF Survey No. 144, the Bureau of National Affairs, Inc., June 1987, p. 4. 4. Barbara Gutek, "Sex and the Workplace," Jossey-Bass Inc. Publishers, 1985, p.3. The figures cited are 1983 Department of Labor data. 5. Work force data from the Office of Personnel Management, "Federal Work Force Statistics: Occupations of Federal Work White- collar and Blue-collar Workers," Oct. 31, 1985. The next report in this series will be published in late 1988. 6."Protecting Yourself from Sexual Harassment On-the-Job," Business Week Careers, September 1987, p. 77.