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                            Chapter 6

           THE INTERSECTION OF SEXUAL HARASSMENT WITH 
                  OTHER FORMS OF DISCRIMINATION

INTRODUCTION

The Task Force's exploration of sexual harassment took a broad and
in-depth look at the causes, scope, effects and circumstances under
which sexual harassment exists. In testimony given by sexual
harassment victims from a variety of backgrounds, races, ages and
occupations at the Task Force's public hearings and private
meetings, the compounding issues of race/ethnicity, age, sexual
orientation and disability were repeated with unusual consistency.
examining closely the nature of sexual harassment and its impact on
and experiences of different communities of people, the Task Force
believed that it would gain a deeper understanding of the issues.
This, in turn, would enhance the Task Force's ability to recommend
more effective responses to sexual harassment.

The intersections of sexual harassment with other factors, such as
race, are not easily articulated either through description or
definition. The presence of these other factors often confuses the
identification of sexual harassment and multiplies its harm. Legal
experts, social scientists and civil rights activists have given
little attention to these dimensions of sexual harassment, and
often have not even recognized their existence. As a result, there
is a dearth of documentation and published data on the
intersections of sexual harassment with race, age, sexual
orientation or disability. (1) Yet, increasingly, instances of
sexual harassment and "something else" are being described in
scholarly debates and legal arguments. For example, legal scholars
Professor Kimberle Crenshaw (2) and Professor Judy Trent Ellis, (3)
argue for a new framework of analysis that addresses the
intersection of racism and sex discrimination. 

In the wake of the Anita Hill/Clarence Thomas hearing, a group of
African American women from academia formed a coalition of over
1600 women to voice their outrage at the "racist and sexist
treatment of Professor Anita Hill" and the misrepresentation of the
allegations against Clarence Thomas as an issue of either gender or
race.(4) As African American women, members of the group recognized
the concomitant existence of sexual harassment and race in the
Hill/Thomas controversy, However, on the whole, the majority of
people who understand that sexual harassment is a problem,
understand it from a more limiting and narrow perspective that does
not take into consideration the added complexity of issues such as
race discrimination.

ESTABLISHING A FOUNDATION FOR INQUIRY

Shortly after Governor Cuomo established the Task Force, members of
its staff met with a core group of African American women and men
from government and non-profit agencies to explore issues regarding
sexual harassment from intra-racial and intra-cultural
perspectives. The plan was to we this exploratory discussion as the
catalyst for further inquiry. This initial meeting was important
for several reasons: a cursory review of the literature on sexual
harassment had produced no research data which showed how sexual
harassment effected diverse population groups; earlier attempts by
staff to discuss sexual harassment within the context of diversity
with individuals and friends who were persons of color had produced
little; and discussions with colleagues who were not from these
communities, but who were knowledgeable about sexual harassment,
had not been successful.

Through this initial discussion, the Task Force was convinced that
sexual harassment intersects with other forms of discrimination,
and the resulting effects compound the harassment in many ways that
cannot be easily explained. The range of comments which came out of
this initial discussion included:

     * Sexual harassment would never be discussed in the black
     community unless it is behind closed doors...Female Human
     Resource Manager of a Non-profit Agency

     * Sexual harassment is institutionalized....Persons involved
     in one form of discrimination are often involved in other
     forms of discrimination, including sexual harassment...Male
     Program Manager and former NYC Firefighter

     * People with disabilities have a triple-whammy if they are
     ethnic minority persons...Female Program Manager of a State
     Agency

     * Sexual harassment needs to be discussed in terms of
     youngsters, as well as adults....Male local government Human
     Resource Manager

     * Sexual harassment is not addressed in schools...and t.v.
     tells youth that it's okay to say certain things, behave in
     certain ways. In the minority community, it is even more
     pervasive because of the influence of t.v...Female Senior
     Program Manager of a State Agency and parent of a teenager

This initial exploration of thoughts, concerns and shared
experiences on sexual harassment represented a significant step in
the Task Force's plan to explore the intersection of sexual
harassment with other forms of discrimination.

To learn more about sexual harassment and the compounding issues of
race/ethnicity, disability and sexual orientation, the Task Force
organized a series of roundtables. The Task Force also developed
and distributed a survey for women aged 55 and over in order to
obtain information about the intersection of age and sexual
harassment, an issue also raised at the public hearings and
regional meetings.

METHODOLOGY

The Task Force decided to use roundtable discussions because of its
success with this format in its initial meeting with the core group
of African American women and men. This format provided an informal
and comfortable setting for discussion of issues, privacy for open
and frank discussion of sensitive and "secret" information,
thoughtful and active participation, and an atmosphere in which
divergent points of view could be expressed without repercussions.

The roundtables ranged in size from five to twenty-one people. The
groups were convened to discuss the different perspectives on the
nature of sexual harassment within various communities and discuss
how the issues of race/ethnicity, disability, sexual orientation or
other cultural/community differences intersect with sexual
harassment to complicate an already complex problem; and to propose
remedies for the elimination of sexual harassment from the
workplace. Each roundtable discussion lasted a minimum of two hours
and was facilitated by either a Task Force member or staff person
who was a member of the community involved in the discussion. (5)

A total of seven roundtables for people of color were convened: two
for African-American men, one for Asian-American women, two for
women of color from diverse race/ethnic origins, one for
African-American women and men and one for women and men of color.
(6) Two roundtables were convened for people with disabilities, and
one roundtable was convened for gay men and lesbians.

Issues discussed at the roundtable meetings included:

     * the experiences of sexual harassment from the perspective of
     the specific community;

     * intra-cultural attitudes about male/female or same sex
     relationships and power dynamics;

     * the economic and social costs of sexual harassment to the
     specific community;

     * public beliefs, myths, attitudes and stereotypes about
     sexual harassment or sexuality and the specific community; and

     * the efficacy of current formal and informal administrative
     mechanisms utilized to address complaints of sexual harassment
     by public and private organizations.

This list of issues was presented at the beginning of each
roundtable. At that time, issues were either eliminated or added.
If group members did not feel prepared to discuss one or more of
the issues listed, those issues were eliminated. Conversely, issues
such as the definition of sexual harassment were added as needed.
This flexible format fostered comfort among participants and
increased participation.

Each roundtable produced a set of descriptions of sexual harassment
as experienced by persons from that particular community. This
anecdotal information was useful in broadening the Task Force's
understanding of how sexual harassment differs from community to
community and in providing a foundation for defining sexual
harassment from different perspectives.

Again, it should be noted that there is little available research
on sexual harassment and its intersections with other forms of
discrimination. However, the Task Force did find, after many months
of work, additional research data on the issue, which principally
describes the experiences of African American women. Interestingly,
the information obtained from the roundtable discussions for people
of color was consistent in many respects with this research.

EXAMINING SEXUAL HARASSMENT FROM 
INTERSECTIONAL PERSPECTIVES

Robert Allen, a noted scholar and community activist, has observed
that sexual harassment, like child abuse and domestic violence, is
a learned behavior. (7) He suggests that this learned behavior has
been condoned in our society and is a by-product of a hierarchy of
inequality which exists among men and women, and other groups.
Allen believes that,

     this hierarchy of inequality is based on some groups
     having power over others and it is sanctioned by
     differential treatment and ultimately force. (8)

Allen's theory captures some of the motives behind sexual
harassment, especially in terms of power dynamics. His theory was
useful to the Task Force in its exploration of sexual harassment in
the context of myriad intersections, and as it looked for
comprehensive definitions of sexual harassment.

The research on empirical definitions of sexual harassment,
published by Louise Fitzgerald in 1990 and discussed in Chapter 3,
supports Allen's viewpoint on sexual harassment and provides a
basis from which definitions of sexual harassment can be
constructed that reflect the experiences and perceptions of various
groups of individuals. (9) In her research, Fitzgerald posits that
through investigation of what various groups of individuals
perceive as sexual harassment under different circumstances, the
most useful definitions of sexual harassment can be constructed.
The roundtables convened for people of color, people with
disabilities and gay men and lesbians sponsored by the Task Force
between May 1992 and June 1993, were helpful in articulating the
need to construct definitions of sexual harassment that reflect the
experiences of different groups of people.

PEOPLE OF COLOR

Roundtable participants in each of the exploratory discussions
expressed their views on how sexual harassment impacted them as
individuals and as members of minority groups. Female participants
from one of the women of color roundtables and the Asian American
women s roundtable expressed the following views:

     * The media characterizations of people of color, particularly
     women, sends mixed and oftentimes very negative messages about
     women.

     * There are immigration issues involved in dealing with Asian
     women on this issue.

     * Asian men are subject to harassment as well.

     * Yes, both men and women are coerced into providing sexual
     favors when they need a green card.

A participant in one of the men of color roundtables stated that
people of color are many harassed through simultaneous applications
of negative racial stereotypes and negative

Professor Kimberle Crenshaw concurs with these opinions and
provides documented evidence as support. She reports that,

     in many of the sexual-harassment cases involving
     African-American women, the incidents they report often
     represent a merging of racist myths with the victims'   
     vulnerability as women. Black female plaintiffs tell
     stories of insults and slurs that often go to the core of
     black women's sexual construction." (10)

The range of racial and sexual harassment experienced by various
people of color, particularly women, illustrates how sexual
harassment and race/ethnicity intersect to form a distinct category
of discrimination. In these situations, women of color may be
referred to in racially derogatory terms as well as in sexually
derogatory terms. Again, Crenshaw notes that,

     while black women share with white women the experience
     of being objectified as "cunts," "beavers," or "pieces,"
     for them those insults are many times prefaced with
     "black" or "nigger" or "jungle." (11)

It has been recorded that one noted Southern politician on the
campaign trail in the late 1960's joked that "the only difference
he knew between a colored woman and a cow was the number of her
tits." (12) A university professor upon sexually assaulting his
undergraduate research assistant suggested that his attack was not
rape, because he believes that Hispanic women always desire sex.
(13) And yet another professor, exhibiting his stereotyped attitude
toward Asians and women, stated in a matter of fact manner that "it
is my experience that Asian women usually do not do well in this
course." (14)

Interestingly, men of color spoke with the Task Force about holding
positions in the workplace that they perceived as even more
vulnerable than those held by women of color. They said the stigma
of being stereotyped as sexual predators carries over into the
workplace, and influences how they are viewed and treated by co-
workers and particularly superiors. They added that if their
personalities are aggressive in nature, they are at even greater
risk of harassment. For example, one participant stated that his
former direct supervisor, a female, made persistent sexual advances
toward him. When he continued to spurn her advances, she suspended
him without pay for three days. Her reasoning was "she didn't like
the way I was speaking to one of the females in the group." As a
result of this encounter, he left his job permanently and formed
his own community organization.

African American male participants in the men of color roundtables
stated that in the workplace they are perpetually tense when they
interact with females, especially white females, because of this
stigma that they carry. One participant added,

     if I go to you, and you're a white supervisor, regarding
     sexual harassment, I'm going to lose regardless....Maybe
     I should be talking about race discrimination as opposed
     to sexual harassment....I want to go with the one that I
     can get the most weight out oś If I go with sexual
     harassment, they'll say, "you must be crazy!"...If you
     talk about race discrimination, someone may listen to
     you.

As this experience illustrates, persons of color believe that they
are forced to make no-win choices when the manifestations of sexual
harassment intersect with race.

The Task Force found that the race/ethnic intersect of sexual
harassment puts people of color at a particular disadvantage, and
may account for women of color reporting being harassed more often,
having more reason to fear it and being harmed more by it than
their white counterparts. Some of the victims who spoke to the Task
Force believe that sexual harassment for African American females
is more troubling for them than for their white counterparts,
because of the extremely limited power that they have in the
workplace on the whole. Researchers such as Darlene Defour,
Kimberle Crenshaw, Paula Giddings, Rosemarie Tong and Cornel West
theorize, and individual victims agree, that women of color are
subjected to harassment more often, because of their dual
vulnerability. According to Rosemarie Tong,

     sexual harassers tend to take advantage of those whom
     they perceive as most vulnerable, and whether we care to
     face it or not, black women enflesh the vulnerability of
     their people's slave past. (15)

In addition, as noted in Chapter 4, "current research from...a
national sample of women of color [in academic settings] in the
United States indicates that the incidence rate [for women of
color] is close to 90% in the academy." (16)

Crenshaw agrees that race plays a major role in why African
American women experience sexual harassment so frequently. She
says,

     Perhaps this racialization of sexual harassment explains
     why black women are disproportionately represented in
     sexual-harassment cases. Racism may well provide the
     clarity to see that sexual harassment is neither a
     flattering gesture nor a misguided social overture but an
     act of intentional discrimination that is insulting,
     threatening and debilitating. (17)

On the other hand, race/ethnicity, cultural pressures and
traditions also serve to confuse interactions between men and women
within the context of sexual harassment, rather than better define
them. Professor Anita Hill's testimony at the Senate Judiciary
Committee's hearings to confirm Judge Clarence Thomas opened a
Pandora's box of sexual taboos and sexual harassment that exist in
only one of the racial subcultures in our society - African
American. African American women are subjected to many of the same
sexually harassing behaviors for African American males that they
encounter in the workplace from males of other racial/ethnic
communities. However, cultural pressures dictate that they not
com[lain about these behaviors, particularly in public view.

In virtually all of the roundtables, including those with only men,
participants made distinctions between those issues that are safe
to discuss outside of the community and those that are not. Issues
related to sex and sexuality were clearly taboo. While it was
acknowledged that sexual harassment existed to a greater or lesser
degree in each of the communities of color represented, depending
on how it was defined, participants agreed that "you do not air
your dirty laundry in public." Many other communities also utilize
such taboos arguably to protect their communities' fragile
existences within the larger society. But, predictably, as found in
the roundtables, this false protection serves as another way of
silencing women and causing them to suffer discrimination to an
even greater degree. For example, the following quotes from
roundtable discussions of women of color illustrate some of the
confusing and differential treatment they experience:

     * Women are educated to have a high tolerance for sexual
     harassment in our community, because much of the hostile
     environment types of harassment that we're talking about is
     accepted as normal...Latina

     * There exists in my family a clear acceptance of a double
     standard - what men do and what women do ... Asian American

     * It becomes an intolerable burden to have on the forefront of
     your consciousness that the people who say they love you the
     most cannot and will not look at a horrible set of
     circumstances and take a stand against it...African American

     * To be leered at in our culture is to be admired, even when
     it doesn't feel right. This brings on a lot of confusion
     within oneself...Asian/Pacific Island American

     * Most people have a particular tolerance level a line that is
     drawn, as it relates to sexual harassment. But if you don't
     even know there is a line, then there is a clear problem or
     confusion of this issue. In essence, you don't get
     it!...African American

     * What you see is a pattern of abusive behavior that is and
     has been continually denied in many communities of people of
     color. The workplace now looks like an abusive family...Latina

This glimpse into what goes on in some racial/ethnic communities in
the context of sexual harassment illustrates the deeply ingrained
patterns of sexually harassing behavior. In the roundtables, there
was general agreement that women are put in the position of having
to choose race/ethnicity over gender when it appears that the
community will "come under attack" or when a male community member
may suffer some loss, embarrassment or some other concrete or
symbolic defeat. This means that it is a violation of the
"community agreement" (e.g. no airing of dirty laundry in public)
to complain about sexual harassment in the workplace by a member of
the same racial/ethnic community.

This is particularly distressing when one considers the
socio-economic impact that this silent agreement has on women. Many
women of color, particularly African American women and Latinas,
are among the most economically disadvantaged groups in the United
States. Professor Audrey Murrell a researcher at the University of
Pittsburgh's Joseph M. Katz School of Business, recently released
research findings "showing that black women lag substantially...and
face 'glass walls' preventing their entry into the work force."
(18) Compounding the disadvantaged status of women of color with
sexual harassment is tantamount to rubbing salt into an open wound.

In the final roundtable for persons of color, both women and men
were brought together to discuss their attitudes and different
perspectives on sexual harassment, male/female interactions and
power dynamics, and to propose remedies for sexual harassment in
the workplace. The discussion initiated a necessary dialogue
between women and men of color regarding the problem of sexual
harassment within their own communities and work environments. One
of the male participants acknowledged that African American men are
beginning to admit their collective, if not individual,
responsibility to stop sexism and sexual harassment within their
community. Participants also suggested ways that employers could 
modify their approaches to addressing sexual harassment in the
workplace within the context of its effects on people of color.

Roundtable participants concluded that there are a variety of
issues related to sexual harassment that are cultural and "these
issues are cultural in the context of all cultures." They suggested
that training on sexual harassment prevention should include an
understanding of cultural differences and how these differences can
be used to victimize others. Communication differences between
women and men and between different cultures should be included in
training modules on sexual harassment prevention, as well.

Representatives from various communities of color also suggested
that policies and complaint procedures should be developed to
reflect an organization's total culture, be easy to understand and
implement; and that people of color should be involved in the
development of their organizations' sexual harassment policies and
complaint procedures.

In addition, participants agreed that individuals, organizations
and policymakers should understand that sexual harassment as a
recognized form of discrimination is relatively new; and that the
issue of race/ethnicity as an additional factor in sexual
harassment is just beginning to be discussed. Therefore, within
this context of understanding, they acknowledged that the workplace
is not going to change overnight. They unanimously agreed that,

     What is important is that we have to begin with our
     children, how they're to be brought up and teaching them
     where the lines should be drawn.

PEOPLE WITH DISABILITIES

The sexual harassment experienced by people with disabilities is
particularly striking and disconcerting. According to participants
in the roundtables for people with disabilities, from an early age,
they are made to feel asexual and undesirable as people. People
with disabilities are not socialized, as children, to protect
themselves in ways that other children are socialized.
Consequently, when they are approached in sexual ways, they
generally are totally unprepared. As one participant explained,

     In provocative situations where they haven't learned the
     language, it's very easy for them to misinterpret and get
     confused by it, as well as to lack self-assertion. They
     don't learn self-protection and self-defense.

One example of the sexual harassment encountered by girls with
disabilities is the harassment that some teen and pre-teen girls
with disabilities have experienced by van drivers. Hugs and kisses
are demanded from the girls before they are allowed to get off at
their stop. Girls with disabilities in these situations are afraid
to protest and most often do not complain to anyone. They are, in
a sense, captives. They do not protest, because they need the
transportation to get to their destinations. In addition, they may
be confused by the inappropriate requests, yet also flattered
because of the absence of such attention in their lives. As another
participant noted,

     It's like a mixed message. On the one hand, they're
     victimized. On the other, it's the first attention
     they've had. 

These confusing messages are not only inappropriate, but
demonstrate the multiple effects caused by sexual harassment
intersecting with discrimination against people with disabilities.
Participants agreed that girls with disabilities in these
circumstances feel as though they have few options and are,
therefore, caught in a unique position that could lead to serious
emotional and/or physical danger.

Boys with disabilities also are subject to sexual harassment from
peers, teachers, therapists and other caregivers. One roundtable
participant shared her experience of having witnessed a counselor
sexually harassing an adolescent male in a drama therapy workshop.
The participant stated that,

     I knew every one of those boys that she was working with
     had multiple emotional difficulties. It was like she was
     gaining power by this display. It was awful to watch.

Providers of services to persons with disabilities should provide
training to all staff who work with consumers of their services as
a preventive measure. Convening sexual harassment awareness
sessions and support groups for children with disabilities who have
been harassed, and their families is another response. Roundtable
participants who suggested these responses emphasized that staff
training and awareness sessions should be provided on an ongoing
basis. Providers of services to persons with disabilities who
responded to surveys jointly developed and distributed by the NYS
Office of Mental Retardation and Developmental Disabilities and the
Task Force made similar and additional suggestions that are
discussed in Chapter 7, Recommendation Number 13, and Chapter 9,
Recommendation Number 25.

In the workplace, women with disabilities who need assistance,
particularly physical assistance, can be sexually harassed in
connection with their specific needs. In addition, the employment
statistics relating to women with disabilities demonstrate their
economic vulnerability. Only thirteen percent of women with
disabilities are employed full time. (19) One participant, who in
recent years had become physically disabled, stated,

     The statistics are so shocking that it really adds to
     your inability to speak out because of the options....
     It's not just the assistance. It's the issue that it is
     so hard for a woman with a disability to find a
     job,...you're very hesitant to say anything about
     [harassment].

The many unique factors affecting people with disabilities--how
they are perceived by society, in some cases since childhood and
their limited employment options - put them at extreme risk in
relation to sexual harassment.

The challenge of how we begin to address sexual harassment and the
compounding factor of disabilities in the workplace is difficult to
answer precisely. When this question was posed to the participants
in the roundtables for people with disabilities, their first
response was to "begin with a definition that is accessible," one
that includes the perspectives of people with disabilities,
children and different cultures. Participants suggested that a more
inclusive list of examples of behaviors that reflects various
situations, including culture, disability and children, should be 
an integral part of this definition of sexual harassment.

In addition to devising a more inclusive definition, there must be
relevant training in the workplace for all employees. One
participant who supported the need for training in the workplace
stated,

     It's true that people do have a lot of anxieties about
     disabilities. They don't know what to call you. They
     don't know how to help you....Interaction kinds of
     questions for people who haven't had a lot of experience.
     Then, you have to take the issues on....I would imagine
     that you'd want to take your [current] sexual harassment
     training and broaden it....and include....disabilities.

Beyond the workplace, information on sexual harassment prevention
geared to the general public should include the issues presented
for people with disabilities. One participant observed that public
service commercials are an excellent tool to be used to educate the
public about sexual harassment. She and others added that most
often people with disabilities are not included in commercials.
Therefore, in order to better educate people on the range of issues
related to sexual harassment, people with disabilities and other
groups who are often not cast in commercials and other video
productions should be included.

LESBIANS AND GAY MEN

As the Governor's Task Force on Gay Issues reported in 1986:

     Harassment of gay and lesbian people ranges from name
     calling to threats of violence and death, and also
     includes sexual harassment of gay people by perpetrators
     who may themselves be either heterosexual or homosexual.
     Harassment due to sexual orientation, actual or
     perceived, can and does occur anywhere--in the workplace,
     at home, at school, or even while buying a subway token.
     (20)

Seven years later, the Governor's Task Force on Sexual Harassment
found that such harassment persists in the daily lives of many
lesbians and gay men, despite the strides made by the community in
achieving acceptance of openly gay and lesbian employees in the
workplace.

Representatives of gay and lesbian organizations told the Task
Force that gay and lesbian employees routinely encounter workplaces
that are "generally hostile." Often, they said, it may be difficult
for these employees to distinguish between sexual harassment and
discrimination on the basis of sexual orientation, because the two
are intertwined and tend to be manifested in the same ways. In
general, they indicated that, any employee who exhibits what is
perceived gender non-conformity -- whether it is a "too masculine"
female or a "too feminine" male -- likely to be subjected to a
range of discriminatory acts, including sexual harassment, name-
calling, physical violence and loss of a job.

To a significant degree, the workplace environment encountered by
lesbian and gay New Yorkers reflects the often conflicting
attitudes of American society as a whole towards the lesbian and
gay community. While a majority of Americans in recent polls have
said they believe and gay men should not be fired from their jobs
solely on the basis of their sexual orientation, Congress has yet
to take action on a proposed law that would protect against such
employment discrimination.

Meanwhile, gay men and lesbians report they are suffering
continuing and even increasing incidents of harassment, violence
and discrimination. According to a study conducted by the National
Gay and Lesbian Task Force (NGTF) Policy Institute, anti-gay
violence and victimization in five major cities rose 31 percent in
1991. (21) A recent U.S. Department of Justice study reported that
"homosexuals are probably the most frequent victims of hate
crimes." (22)  

The ways in which such homophobic attitudes carry over into the
workplace are clear. Results from 21 different local discrimination
surveys conducted across the nation between 1980 and 1991 revealed
that between 16 and 44 percent of the respondents faced some form
of discrimination in employment due to their sexual orientation.
This discrimination included being fired, not being hired, not
being promoted, getting harassed at work and fearing reprisals if
their sexual orientation were known, according to NGTF. (23)  

In New York, the State Senate in its 1993 legislative session
refused to take action on a proposed civil rights bill protecting
lesbians and gay men against employment discrimination.
Participants in the roundtable for gay men and lesbians stated that
the absence of such a law significantly affects the ability of
lesbians and gay men to complain about sexual harassment in the
workplace. In the State workforce, lesbians and gay are covered by
Executive Order 28.1 which protects them from employment
discrimination, including sexual harassment. A full discussion of
this legal issue is undertaken in Chapter 10.   

"No one is going to admit to being the victim of same-sex
harassment when you can be fired for being gay" pointed out Ed
Mickens, the editor of "Working it Out," a New York-based
newsletter about gay and lesbian job issues. Instead, he suggested
during the roundtable meeting with the Task Force, workplace
harassment of all kinds has become so routine for gay men and
lesbians that "it doesn't even register that people should
complain."  

Those gay men and lesbians who do choose to be "out" in the
workplace can find themselves targeted for harassment precisely
because they are open about their orientation. "Being an out
lesbian doesn't stop the harassment. It may even make it worse",
suggested openly-lesbian New York State legislator Deborah Glick.
For example, a lesbian may be sexually harassed by a heterosexual
man who is threatened by the presence of a lesbian or who believes
that "all she needs is the right man".  

The types of sexual harassment experienced by lesbians and gay men
run the full gamut from the "hostile environment: created by
officially-sanctioned telling of "faggot" and "dyke" jokes to quid
pro quo demands for sexual favors in return for promotions or other
job considerations. Examples cited by the 1986 Task Force report
include:

     * a woman at a stock trading firm continually harassed by
     verbal insults and vicious anti-gay notes left on her desk; 

     * a gay male utility company worker subjected to demands from
     co-workers that he perform oral sex;

     * a young gay male being pressed for sexual favors by an older
     gay male supervisor; and

     * a gay male university worker being pressured by his boss, a
     married family man, to perform oral sex or risk losing his
     job. (24)  

Examples offered to the Task Force on Sexual Harassment included a
lesbian who found vibrators left on her desk by co-workers and a
man who was "outed" through his office's electronic mail system. 
Same-sex sexual harassment can and does occur within the lesbian
and gay community, the Task Force was told. "Our community is not
immune from this," said one representative of a gay organization,
suggesting that public education efforts include some materials
distributed within the community.

In examining ways to begin preventing and redressing sexual
harassment of gay men and lesbians, the Task Force found that these
victims of sexual harassment are often totally alone and isolated
at work, without any source of support or advice on how to deal
with the harassment. This situation has been especially true for
those lesbians who have been among the pioneering women breaking
genderbarriers in such previously all-male occupations as law
enforcement and construction. It is still relatively rare for
employers to have openly gay or lesbian administrators to whom a
gay employee could feel comfortable bringing a sexual harassment
complaint. In addition, those employers who do have policies
banning sexual harassment often have neglected to specifically
prohibit same-sex harassment.

A sexual harassment victim's natural allies in the workplace (such
as other women working in the same office as a lesbian who is being
harassed) may balk at coming to the aid of a lesbian or gay man
because they are afraid of being identified as "gay sympathizers"
or targeted for harassment themselves. "Fear of being called a
'dyke' becomes a very strong lever of social control that stops
women from helping each other in a situation like that," said one
of the participants in the roundtable discussion. In a recent
sexual harassment case filed by a postal worker (Dillon v. Frank)
who said he had been "subjected to an ongoing barrage of remarks
suggesting in a ridiculing manner that he is a homosexual", there
was testimony that supervisors who tried to intervene were called
"faggot lover" and "fag" themselves. (26)

When lesbians and gay men look outside their workplaces for
information and support in dealing with sexual harassment, they
sometimes find that personnel at government human rights agencies
are not specifically trained to handle complaints from lesbians and
gay men. Participants in the roundtable discussion strongly
suggested the need for such trained personnel and the need to hire
openly gay or lesbian people for some of these positions.

Representatives of gay and lesbian organizations had a number of
recommendations on how to combat sexual harassment aimed at gay men
and lesbians. The recommendations included both changing the
interpretation of the existing state Human Rights Law and
strengthening the law to prohibit employment discrimination on the
basis of sexual orientation. These recommendations are discussed in
Chapter 10. The roundtable participants also recommended that
employer policies prohibiting sexual harassment should specifically
bar sexual harassment based on sexual orientation, and that
education and training programs must be strengthened to reflect the
proposed legal and policy changes regarding sexual orientation.
More discussion on these recommendations related to policy and
education and training are included in Chapter 9.

OLDER WOMEN

In the course of its work, the Task Force found no research or
other information on the impact of sexual harassment on women age
55 and over. For this reason, the Task Force was particularly
interested in hearing from women and organizations who could
provide insight into the dimensions of sexual harassment among
senior citizens.

The Task Force sought out women's organizations, senior service
centers, the State Office for the Aging and individuals who could
provide such information. The Task Force also heard testimony at
its public hearings from several individuals who spoke specifically
about the sexual harassment of older women, and provided insight
into a dimension of sexual harassment that has been both denied and
out of the public's consciousness.

Based on testimony presented at its hearings, the Task Force
learned that older women respond to sexual harassment in ways
similar to how other women respond to sexual harassment: they often
ignore it or do not report it. One of the women testifying stated:

     Sexual harassment of older women often forces them into
     the same posture taken by Anita Hill, because women over
     40 are afraid to lose one job, for fear that they will
     not get another, especially if they do not meet the media
     standards of young and beautiful. The situation is worse
     in nursing homes, where older women are afraid they will
     not get food or needed care if they speak out on
     harassment.

Rather than lose their jobs, which are often part-time, or lose
other job benefits or services, the Task Force was told that some
older women endure sexual harassment repeatedly. This repeated
harassment is often a "prelude to coerced early retirement," noted
Sandy Warshaw, President of the Greater New York Chapter of the
Older Women's League (OWL) and a member of the OWL national board
of directors. In this sense, sexual harassment of older women has
certain economic consequences that only victims in this population
group experience.

Testimony given by one victim, a former senior supervising editor
at an international engineering firm, who was 62 years old at the
time of her harassment, illustrates the financial impact of sexual
harassment of older women. The victim estimates her total lost
income, benefits and expenses incurred to be $628,504. This figure
includes $147,000 in lost income since her firing, $434,112 in lost
benefits (including retirement benefits) and $47,392 in legal and
medical costs.

Older women's multiple victimization in the context of sexual
harassment echoes, in some ways, the experiences of women with
disabilities, lesbians and women of color. Older women also
experience sexual harassment based on gender and "something else;"
in this instance, age and the stereotypes associated with both age
and gender.

Because of their age and gender, older women are subject to a kind
of unique exploitation and ridicule in the context of sexual
harassment. For instance, "she is a crazy old lady;" "she is just
jealous because she is not getting any;" "who would ever want to
harass an old woman while there are younger women in the office to
harass" are common expressions used to devalue older women if they
complain about sexual harassment. As one woman testifying at the
public hearings stated, "certain stereotypes, societal attitudes
about gender and age play a part in everyone's perception of the
older woman as the victim of harassment."

In addition to the economic impact of sexual harassment and the
ageist stereotypes that older women suffer, older women have an
experience with sexual harassment that other groups do not share.
As one individual so eloquently stated at the Task Force's public
hearings, "[sexual harassment] is a present danger in older women's
lives today, and it has a place in our memories too."

Sexual harassment can be manifested in a variety of ways, and can
be particularly difficult to identify when it converges with other
types of discrimination. Such is the case in the context of older
women when "the harassment can be perpetrated by individuals who
are familiar to us, who have traditional family lives and who
appear to be caring and sensitive individuals." (27)

In the Task Force's survey questionnaire for women age 55 and over,
most respondents revealed that their harasser was either a
co-worker or supervisor and generally characterized the harassing
behaviors as being annoying and/or inappropriate for the workplace
rather than sexual harassment, even though the behaviors occurred
frequently. Less than half of the respondents told or asked the
harasser to stop; most respondents chose to either ignore the
behavior, do nothing or avoid the person.

The effects of the harassing behavior on the survey respondents
ranged from denial and confusion to teeth grinding, sleep
disturbances, panic reactions, lack of trust and diminished
concentration. Few respondents stayed away from work as a response
to the harassing behavior. One survey respondent, feeling compelled
to provide additional comments on her experiences in the 1950's,
gave the following account of the way it was then:

     Sexual advances toward children and young adults were
     inappropriate, but kept secret and denied. In the 1950's,
     one also did not see movies or t.v. dramas depicting bed
     scenes...Interestingly enough, the advances I recall
     being made toward me in my early 20's were made by a
     Presiding Town Supervisor and Purchasing Agent. Both had
     wives and families. It left me secretive and embarrassed.
     It was certainly NOT (sic) an age when women could object
     to anything without being fired for some trumped up
     charge, so we were quiet and eventually changed careers
     or jobs.

Older women believe that it is important to object to sexual
harassment in some way. Organizations such as OWL and the American
Association of Retired People (AARP) recognize the problem of
sexual harassment among seniors and believe that workplaces should
have effective policies and complaint procedures, and should
provide training on sexual harassment prevention for their
employees that clearly states there is no basis for discrimination
based on age.

CAUSES AND EFFECTS

The causes of multiple victimization encountered by gay people,
older women, people of color and people with disabilities are
clear. Long-held myths and stereotypes about each of these groups
establishes certain images and expectations about them. When myths
about sexual harassment intersect with these distorted images and
expectations, a construct of multi-dimensional discrimination
emerges which effects all groups involved. Chapter 2 describes a
number of common myths that illustrate the distortions that can
emerge.

Unfortunately, all too often the distortions are not even
recognized as such. Such is the case when children taunt, bully,
kick and spit on gay classmates and school officials do nothing
about it or when popular culture turns to violence, profanity and
explicit sex as a normal way of communicating to women and girls.

Syndicated columnist, William Raspberry, commented on the sexually
derogatory lyrics used by some rap and hip-hop artists and one
rapper's personal disrespect exhibited towards black women in a
recent column. In this column, Raspberry presented a graphic
account of a rapper's performance at a convention held in Houston,
Texas and appealed to his readers to take a stand against such
abusive displays. At the close of his column, Raspberry
acknowledged the "constitutional right of the record companies to
earn serious money by producing and marketing such trash." But he
concluded by saying "...some things that are entirely
constitutional are nonetheless deadly, and we need to protect
ourselves from them." (28) These attitudes, as Raspberry suggests,
create an environment that encourages sexual harassment.

CONCLUSION

While much is known about sexual harassment, little is known about
the intersections created when age, race, ethnicity, disability and
sexual orientation become intertwined with sexual harassment. As a
result of the Task Force's inquiry into this largely uncharted
territory, we know that the problem is deeply ingrained, pervasive
and harmful. We also know that in order for sexual harassment in
this multi-dimensional context to be effectively addressed, it
needs to be approached in a number of ways including research;
appropriate and strong legislation; more public discourse using
formats such as community forums, roundtables, study circles and
symposia; and through establishing strong policies prohibiting
sexual harassment, implementing effective complaint procedures and
providing education and training on sexual harassment prevention to
all employees in the workplace.

ENDNOTES

1.   See e.g., Tinsley, E., A. Howard and M. S. Stockdale. (1993).
     "Sexual Harassment in the Workplace," Journal of Vocational
     Behavior 42,1-4, page 2.

2.   Crenshaw, K. (1989). "Demarginalizing the Intersection of Race
     and Sex: A Black Feminist Critique of Antidiscrimination
     Doctrine, Feminist Theory and Antiracist Politics." The
     University of Chicago Legal Forum pages 139-40.

3.   Trent Ellis, J. (1981). "Sexual Harassment and Race." Journal
     of Legislation 8(1), pages 30-45.

4.   The New York Times "African American Women in Defense of
     Ourselves," Sunday Campus Life Section, November 17,1991, page
     53.

5.   Two exceptions to the requirement of community membership were
     made. The roundtables for Asian American women and people with
     disabilities were facilitated by a Task Force staff member who
     was neither Asian American nor a person with a disability.

6.   The Task Force's attempts to organize focus meetings or
     roundtables among additional people of color communities (e.g.
     Latinos, Native Americans) were not successful.

7.   Robert L. Allen is senior editor of the Black Scholar, a
     leading journal of black studies and research, and works with
     the Oakland Men's Project, a non-profit multi-racial
     organization of men and women devoted to community education
     about male violence, sexism, racism and homophobia.

8.   Allen, R. L. (1992). "Stopping Sexual Harassment: A Challenge
     for Community Education." Paper presented at the Race, Gender
     and Power in America Conference, Washington, D.C.

9.   Fitzgerald, L. F. (1990) "Sexual Harassment: The Definition
     and Measurement of a Construct." In M.A. Paludi, Ed., Ivory
     Power Sexual Harassment on Campus. Albany: State University of
     New York Press, p.22.

10.  Crenshaw, K. (1992). "Whose Story Is It, Anyway?" In T.
     Morrison (Ed.), Race-ing Justice, En-gendering Power, page
     412. New York: Pantheon.

11.  Crenshaw, K.

12.  Alexander, A. L. (1992) October. This anecdote is referenced
     in a paper presented at the Race, Gender and Power in America
     Conference, Washington, D.C..

13.  Defour, D. C. (1990). "The Interface of Racism and Sexism on
     College Campuses." In M. A. Paludi (Ed.), Ivory Power: Sexual
     Harassment on Campus page 47. Albany: State University of New
     York Press.

14.  Defour, D. C., at page 46.

15.  Tong, R. (1984). Women, Sex and the Law, page 165. Totowa, New
     Jersey: Rowman and Allanheld.

16.  Paludi M. A. (1992), June 16. Testimony before the Governor's
     Task Force on Sexual Harassment. Albany: New York.

17.  Crenshaw, K.

18.  Albany Times Union "Study: Black Women Lag Substantially in
     Workplace." August 16, 1993, page A-4.

19.  Statistic provided by roundtable participants during
     roundtable for women with disabilities, November, 1992.

20.  Governor's Task Force on Gay Issues, Final Report to the
     Governor, 1986.

21.  National Gay and Lesbian Task Force Policy Institute, 1992,
     "Anti-Gay/Lesbian Violence, Victimization and Harassment in
     1991."

22.  National Institute of Justice, U.S. Department of Justice,
     Washington, D.C. "The Response of the Criminal Justice System
     to Bias Crime: An Exploratory Review," 1987.

23.  National Gay and Lesbian Task Force Policy Institute, "Survey
     Results on Discriminations Against Lesbians and Gay Men,"
     1992.

24.  Governor's Task Force on Gay Issues. 

25.  Dillon v. Frank No. 90-2290,1992 U.S. App. Lexis 766. (6th
     Cir. Jan. 15,1992). 26.  Fitzgerald, L. F. (1991). In,
     Statement of the Ad Hoc Group for Public Information on     
     Sexual Harassment, Prepared during the Senate Judiciary
     Committee Hearings on the Appointment of Judge Clarence Thomas
     to the U.S. Supreme Court.

27.  Raspberry, W. "The Rappers' Contempt for Black Women." Albany
     Times Union. July 31, 1993, page A-7.