This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. Chapter 7 PUBLIC EDUCATION AND COMMUNITY ACTIONS There is an urgent need in New York State and throughout the country to significantly increase understanding and awareness of the nature and effects of sexual harassment. Long term success in addressing the broad scope of issues related to sexual harassment ultimately will rely upon our capacity as a society to institute far reaching changes in the attitudes and behavior of individuals. While the inquiries of the Task Force have resulted in dozens of recommendations to implement important protections and remedies in government, educational institutions, the legal system, and public and private workplaces, the eradication of conduct defined as sexual harassment also is a pressing responsibility for the community at large. In order to meet this challenge directly, public attitudes and beliefs that perpetuate sexual harassment must be changed through an aggressive campaign of readily available, accurate public education and information. But these efforts cannot focus on sexual harassment in a vacuum. The critical message should begin by addressing the need for gender respect and respect for each other, and should place sexual harassment in a continuum of behaviors that demean others. Launching a public education effort that successfully addresses the complex, sensitive topic of sexual harassment is an extremely difficult task for many reasons. Throughout the course of the Task Force's work, it has been clear that publicly held myths and stereotypes about men and women, and their interactions with one another, have perpetuated and reinforced conduct that is both offensive and illegal. Victims of sexual harassment have been constrained from reporting their experiences. This "conspiracy of silence" has resulted in a lack of awareness about both the prevalence and the effect of these forms of behavior. Not surprisingly, then, it has been difficult to create or maintain an appropriate sense of urgency about addressing sexual harassment on a broad, public scale. The increase in the popular culture's tolerance for matters relating to sex and violence presents unique obstacles. In recent years, the influence of popular culture (e.g. music videos, "rap" and "hip hop" music) has increased, influencing public attitudes to a much greater extent than ever before. The objectification of women in rap lyrics and music videos and the sexual violence against women depicted in these and other media promote sexual harassment as normal, and even good. Public education efforts must address this growing problem. In addition, the Task Force has become acutely aware of how little is understood about the intersect of sexual harassment with other forms of discrimination, such as those based on race, ethnicity, age, sexual orientation and disability. Accordingly, the myth that sexual harassment occurs in isolation of other malicious and prejudicial conduct has been allowed to flourish. Finally, testimony before the Task Force has revealed a deep sense of outrage on the part of numerous individuals across the state who are committed to preventing sexual harassment, including attorneys, employers, students, workers, parents, therapists and advocates. These individuals speak of the difficulties they have had in locating accurate information, or in identifying sources of victim assistance and support. These difficulties are particularly acute in rural areas, small businesses and for young people. However, recognition of these and other obstacles to the development and implementation of a public education and information campaign against sexual harassment has not diminished the Task Force's belief that this effort is critical to eliminating sexual harassment. The Task Force recommends a significant multi-faceted approach including such initiatives as: the development of a clearinghouse and referral network containing general information, resource and referral materials; training protocols, victim supports, and organizational and professional contacts to foster greater communication on sexual harassment issues; a multi-media public education campaign that enhances public understanding of conduct that constitutes sexual harassment; the development of community-based resources to assist victims, educational institutions, businesses, and others; and a system of incentives for private and public institutions to develop and promote sexual harassment prevention strategies. RECOMMENDATIONS The following recommendations describe the public education campaign, clearinghouse project and other public education and community activities that should be undertaken. RECOMMENDATION 1: The State, with the strong leadership of the Governor and in partnership with the public and private sectors, should create and implement a multi-media public education campaign that enhances public understanding of the conduct that constitutes sexual harassment, identifies the myths and stereotypes that surround sexual harassment, and provides information about strategies for prevention of sexual harassment and remedies when sexual harassment occurs. Cultural attitudes towards women and men in our society, myths about sexual harassment, and stereotypic attitudes towards victims of sexual harassment all reduce the effectiveness of policies and procedures prohibiting sexual harassment in workplaces and educational institutions. The lack of information about sexual harassment further compounds these problems. At every event sponsored by the Task Force, individuals repeated and reinforced the need for more information and continued public discussion about sexual harassment. While sexual harassment is now a topic on which many people have an opinion, those opinions are frequently based on erroneous information and misunderstandings. A multi-media, multi-language public education campaign offers the best way to convey information about sexual harassment to the public. The campaign should include "know your rights" type posters to be used in workplaces, informational brochures, paycheck inserts and public service announcements for broadcast on radio and television. The specific needs of women and men with disabilities, women and men of color, lesbians and gay men, older women and men, and women and men in nontraditional jobs should also be addressed. In his 1993 State of the State Message, Governor Cuomo called for implementation of this recommendation. The theme of the campaign developed by the Task Force is, "Sexual Harassment: It's Not About Romance." The initial phase of the public education campaign consists of several components. First is a set of public service announcements: one featuring the Governor speaking about sexual harassment; a second featuring a victim; a third featuring a business leader speaking about the cost to businesses of not taking steps to prevent and respond to sexual harassment; and a fourth aimed at small business owners. Another campaign component is a workplace poster about sexual harassment which provides a phone number to call for more information. Also planned is a brochure with detailed information about sexual harassment. It is anticipated that the initial phase of the campaign will begin in Fall 1993. RECOMMENDATION 2: Sexual harassment training, education and prevention materials should be collected, classified and maintained in a clearinghouse and distributed statewide. After the clearinghouse is established, a statewide publicity campaign should be developed ant implemented to inform businesses and individuals about the resources available. There is a lack of knowledge, particularly among small businesses, not-for-profit organizations and local governments, regarding effective means to prevent sexual harassment. Many employers and educational institutions lack the time, money or expertise to develop sexual harassment prevention policies, complaint resolution procedures and training programs. Consequently, even when they recognize the need to have a policy or training program, they may not feel able to do so. In addition, although the Task Force found that significant information on sexual harassment exists, not all of it is suitable for or generally available to employers, educational institutions or the public. The task of locating, reviewing and understanding the existing material can be a daunting one to a small business owner with limited resources. Further, many employers and the public still do not fully understand the nature of sexual harassment or its impact. During the course of its work, the Task Force has gathered a sizeable collection of materials, including documents prepared by the Task Force itself, published reports, studies, articles, books, and other materials gathered by the Task Force members and staff, and many other items acquired from a wide range of sources, including samples of policies, complaint resolution procedures, education. and training information and legal resources. These materials could form the basis of the clearinghouse. Other relevant materials would be systematically identified and added to the clearinghouse. Access tools, such as bibliographies, catalogs, pathfinders and resource guides could then be developed. The intent of the clearinghouse is to make materials accessible to businesses, educational institutions, not-for-profit agencies and the public. Technical assistance would be provided to organizations and individuals requesting assistance in the use of the information. There are many potential patrons of an information clearinghouse system. These include: public policy makers; managers and supervisors in both public and private sector institutions and organizations; personnel human resources, training, equal employment opportunity, legal department and other staffs within organizations who are responsible for communicating, clarifying, interpreting and enforcing the organization's sexual harassment policy, designing and conducting its training program, or responding to specific complaints of harassment. Others include researchers, educators and curriculum design and learning materials development professionals; advocates, counselors, and health and human service professionals who work with individuals who have been the target of harassment; members of the public who recognize that sexual harassment is a social problem requiring community response and societal changes. The clearinghouse also will be a crucial resource for individuals who need help making informed decisions and assistance in identifying resources to prevent or respond to sexual harassment which they experience or which they recognize affects them. As described in Appendix O, the Task Force has created a model design for a clearinghouse of information and resources on sexual harassment policies, complaint procedures and training and education resources. Easy access to such information would greatly assist employers, employees, educational institutions, students and others in the development of their own policies, complaint procedures and education and training programs. RECOMMENDATION 3: A network of support groups should be developed within each local community to provide outreach and support services to victims of sexual harassment. A demonstration project should be undertaken to determine the long term feasibility of this model. The individual victim of sexual harassment is often without resources to guide her or him when seeking information, advice and support. The situation is the same for students in educational institutions. In the absence of any support systems, formal or otherwise, victims of sexual harassment often leave their employment or education situations; withdraw from interacting with co-workers, teachers, or friends; or suffer in silence and hope the problem goes away. In the Task Force's confidential, nonpublic roundtable meetings with individuals who experienced sexual harassment and in public hearings and meetings where victims of sexual harassment gave testimony on their experiences, the consistent problems expressed were: the victims' lack of knowledge of their legal rights and of where to go for assistance in coping with the emotional trauma which accompanied the harassment; lack of identified support services for sexual harassment victims and of workplace, school and community support for victims of sexual harassment and repeated victimization of sexual harassment victims resulting from a lack of services coupled with the bias of a system that supports the need to protect harassers as a more compelling concern than that of the harassed. Many victims stated that they felt alone, vulnerable and defenseless. An overriding tone of frustration characterized their experiences. One good support group model is 9 to 5, the National Association of Working Women. For twenty years, this organization has worked to improve the lives and status of the nation's working women through education, research and training. (1) Its primary goal is the elimination of all forms of discrimination in the workplace. In 1991, the Long Island 9 to 5 Chapter started the first and only support group in New York State for women who have been sexually harassed on the job. Many of the women who joined the support group stated that it was important to meet other women who have had similar experiences and feel the same way they do and to be in an environment of mutual support. Through education and support the women are better prepared to deal with the complaint process they have chosen, whether it is within their company, an enforcement agency or the courts. The Long Island 9 to 5 Chapter also operates Long Island's only Job Survival Hotline. The Hotline assists working women by referring them to local resources, providing basic information on workers' rights and, perhaps most importantly, by being supportive. A number of support mechanisms that would be suitable for this effort already exist in New York State including community action groups, women's health collectives, rape and victim crisis centers, community centers, women's centers, displaced homemaker programs, cooperative extension services and women's employment organizations such as 9 to 5. A commitment to supporting sexual harassment victims is a natural extension of the missions of these organizations. An intensive sexual harassment prevention education component is needed to establish a support system for these networks. The discussion in Chapter 8 of this report proposes a similar model for students and school personnel. RECOMMENDATION 4: An information resources network should be established among businesses at the local level to provide information and technical assistance regarding sexual harassment prevention and other employment issues. A pilot project should be established to assess the long tenn feasibility of this network. Sexual harassment is a serious employment issue which costs employers enormous sums of money when it occurs in the workplace. In its 1981 study, the U.S. Merit Systems Protection Board estimated the cost of sexual harassment to the federal government to be $267 million over a two year period. (2) The Board's follow up study in 1987 produced similar results. (3) Fortune 500 companies have conducted their own studies on the costs of sexual harassment and the results are equally compelling. Businesses can protect themselves from costly litigation, employee turnover and lost productivity when they adopt appropriate internal policies and complaint procedures that address sexual harassment. Effective training programs conducted for all employees also can lessen a business's vulnerability to incidents of sexual harassment and the accompanying costs. Unfortunately, many small businesses and local governments do not have access to resources to develop and implement policies and complaint procedures on sexual harassment prevention. In the employer roundtables and regional meetings, small employers and local government representatives stated the need for accessible, low cost information. A number of existing programs provide models for community development. The Industrial Management Council (IMC) is an employers' association founded in 1916, that currently has over 300 member companies in Monroe and contiguous counties. (4) Its mission is to be a resource for member companies in the area of human resources. The IMC develops many programs to provide outreach and heighten awareness on important business issues. In such areas as sexual harassment, the IMC provides outreach and assistance in three interrelated and overlapping areas: awareness, education, and implementation. To heighten awareness about sexual harassment, the IMC ran an article on the issue in its October 1991 Newsletter. At regular weekly human resource member meetings and seminars, sexual harassment and other topics are addressed. To assist companies in deploying policies and practices, the IMC maintains a human resource reference library and materials. Information on sexual harassment includes: newspapers and professional journal articles; subscriber services, information files on sexual harassment and how to develop and implement effective policies; understanding the EEO's new guidelines; and samples of member companies policies, practices, and procedures. The research staff maintains a hotline and fields hundreds of questions each week on human resource topics including questions on sexual harassment issues. Another model is the Job Service Employer Committee (JSEC) (5) sponsored by the N.Y.S. Department of Labor. The purposes of the JSEC include: opening lines of communication between the Labor Department and the employer community; providing a vehicle to inform employers of the services and programs of the Labor Department; suggesting methods to improve Labor Department services and performance; providing expert information to employers on issues that affect the business community; and engaging in public/private ventures that will be of benefit to both employers and the labor force. The JSECs sponsor seminars and workshops, job fairs and other special projects. A number of local chapters have offered workshops and programs on sexual harassment. Networks or associations similar to the IMC, the JSEC or local chambers of commerce that provide their members with guidance in developing personnel and related policies and training also could serve as models. RECOMMENDATION 5: A formal study of the intersection of various forms of discrimination and sexual harassment should be undertaken by researchers, as well as a study of the differing perceptions, incidence and experience of sexual harassment among diverse populations such as racial and ethnic groups, older women, people with disabilities and gay men and lesbians. While there has been increased interest in the intersect of race, class and gender since the Anita Hill/Clarence Thomas hearings, there continues to be little research on the issue. The dramatic increase in the diversity of the State's population, coupled with the general misunderstanding of sexual harassment, compels an examination of this area. Chapter 6 of this Report describes the unique roundtable initiatives undertaken by the Task Force to examine the differing perceptions, incidence and experiences of sexual harassment among diverse populations. Continuation and expansion of the effort has been urged by all of the individuals who participated in the roundtable discussions. Formal study would make it possible to explore, in more detail, the issues raised, gain an understanding of the complexities of those issues and provide appropriate remedies for the prevention and redress of sexual harassment in these circumstances. RECOMMENDATION 6: The State, in cooperation with public and private sector institutions and research organizations in localities, should sponsor community forums to facilitate discussion of the problem of sexual harassment in employment ant education and to provide information and resources on sexual harassment prevention and redress. Community forums and town meetings have proven to be excellent vehicles for discussion of critical social and political issues. The Task Force's work confirms that sexual harassment is one such critical workplace and societal issue with far reaching implications. In regional meetings convened throughout the state, citizens, employers, educators and victims told the Task Force that there is an urgent need to provide opportunities for the public to discuss the problem of sexual harassment openly and respectfully. The public needs such opportunities so that more people will gain an understanding of this complex issue and its impact on individuals, families, businesses and schools and be able to work together to devise solutions for it. Locally organized and sponsored forums on sexual harassment can produce immeasurable benefits for the community. These forums also could promote the continued discussion of sexual harassment among people of color, lesbians and gay men, students, people with disabilities and older people. RECOMMENDATION 7: The creation and wide dissemination of surveys in schools and other public and private institutions such as police departments, nursing homes and hospitals should be encouraged as a means of assessing the extent of sexual harassment at a given institution and as an educational tool. It is critical that public education efforts focus on helping people better understand what constitutes sexual harassment, correct misperceptions, and encourage continuing dialogues about workplace conduct. Surveys also give victims an opportunity to safely and anonymously report their experiences and to gather strength and validation from its results. Surveys give people an opportunity to express their concerns and help them understand the gravity and consequences of the harassing conduct. They can provide a relatively cost-free mechanism for education, as well as substantiate it. Publication of surveys also can encourage better media coverage of the issue. Working from model surveys from, for example, Stuyvesant High School in New York City, Seventeen magazine, West Side Spirit and Ms. Magazine. educators and trainers should utilize surveys as part of their curricula in schools and institutions. The curricula should also cover racism, ageism, sexism, rape and domestic violence, as well as sexual harassment, all of which are part of a continuum of behavior. Sexual harassment cannot be unlinked from other gender, age, class and race-related forms of discrimination and diversity issues when doing prevention-oriented community education. Survey results can be used as a basic document for discussion about different perceptions of problems and possible solutions. RECOMMENDATION 8: The State should develop a mechanism to collect and publicize the outcomes in sexual harassment cases, including cost to employers and employees or educational institutions and students, without identifying the parties by name. The trivialization of sexual harassment stems in part from the unavailability of statistics regarding its prevalence and cost. A significant number of the settlements reached in sexual harassment cases include explicit agreements that neither side will publicly discuss the case or its outcome. More information about the nature and number of sexual harassment cases, the types of schools, employers and professions involved, the processing time, as well as the cost and disposition of cases, would help the public better understand the cost of these cases to society. Any reporting should be done without naming the parties, in order to protect confidentiality, limit the adverse reaction of employers or educational institutions to reporting and not to interfere with settlements. A reporting requirement may also help to make educational administrators and employers more aware of the need to be consistent in their handling and resolution of sexual harassment cases. This recommendation could be implemented by requiring employers and educational institutions to send a one page compliance report annually to an appropriate State agency. The report would list the number of cases resolved and those pending, the nature of the harassment, the form and substance of the resolution, the cost to the company and the complainant, and the time expended on the resolution of the matter. A number of Task Force members felt that this recommendation might not be helpful. Task Force members representing employers expressed concern that any kind of reporting requirement might have a chilling effect on settlements, and that the collection of statistics might be burdensome for companies. These concerns would be addressed in the formulation of a single and efficient collection mechanism. RECOMMENDATION 9: Affordable counseling ant treatment should be made available to victims of sexual harassment through a combination of not-for-profit organizations, public mental health services and private insurance. Many victims of sexual harassment suffer a range of stress-related conditions which require treatment by mental health practitioners, including Post-Traumatic Stress Disorder a (PTSD), the same condition afflicting many war veterans, rape victims and the victims of other major trauma. Unfortunately, few providers offer such services at an affordable rate. The community mental health system, which is often the provider of last resort for persons with mental illness, is available to some victims, but it is already overburdened. The difficulty in obtaining insurance reimbursement for mental health services has increased dramatically in recent years. Although some rape crisis programs have begun to serve sexual harassment victims, funding for such services is extremely limited. For some victims, the absence of free or low cost services means that needed treatment will not be obtained. For others who can manage to pay for private treatment in the first instance, the difficulty in obtaining reimbursement simply places an additional burden on victims who are usually already bearing severe financial hardships as a result of sexual harassment. Even the victims who can, at first, pay for such treatment may have to discontinue receiving these services sooner than appropriate due to job loss. Counselling and treatment are necessary components of an effective support system for victims of sexual harassment. RECOMMENDATION 10: All State agencies that communicate with employers in New York State, such as the Department of Labor, the Office for Regulatory and Management Assistance (ORMA), the Department of State and the Department of Economic Development (DED) should, at least annually, include an information sheet on sexual harassment prevention as a part of one of the agencies' regular mailings to employers. It is critical that all means available to communicate with employers be utilized to provide information about sexual harassment prevention, underscore the State's commitment to it and to describe steps that can be taken. Many agencies currently communicate with businesses on a regular basis. In addition, ORMA and DED provide business information to those considering starting a business. An annual insert in one of these mailings and inclusion in a business start-up information packet would keep the issue in the forefront and serve as a useful reminder of employers' responsibility for creating and maintaining a workplace free of sexual harassment. RECOMMENDATION 11: Whenever a state agency grants licenses to employers to engage in the professions or conduct certain kinds of businesses, the agency should inquire as to whether the employer has taken steps to prevent sexual harassment and to provide the employer with information on sexual harassment. It is critical that the importance of sexual harassment prevention and employer liability be reinforced. This is especially true for owners of new businesses who might not be fully aware of their responsibilities with regard to sexual harassment. Obtaining or renewing a license is an excellent time to underscore the illegality of sexual harassment and the importance of sexual harassment prevention policies. The inquiry anticipated by this recommendation also would serve as a reminder to business owners to address sexual harassment as part of their business operation practices. RECOMMENDATION 12: A public education campaign, including public service announcements, should be created to specifically address sexual harassment in the context of bias against specific population groups, including women and men of color, women and men with disabilities, lesbians and gay men, older women and men, and women and men in non-traditional jobs. In roundtable discussions with the Task Force, representatives of people with disabilities communities, people of color communities and lesbian and gay organizations indicated the need for education about the problem of sexual harassment within their communities and the compounding effects of sexual harassment and bias. Representatives said that all too frequently the public and members of their own communities refuse to admit that sexual harassment exists. As a result, special education efforts are needed both for the public at large and within targeted groups. RECOMMENDATION 13: The State, in cooperation with public and private institutions serving individuals with disabilities, should develop a comprehensive educational program on sexual harassment prevention for people with disabilities and their families, and support services for those who have been sexually harassed. In too many instances, people with disabilities are perceived incorrectly by the general population as being needy, weak, and powerless and, therefore, easy targets for sexual harassment. Sexual harassment is a humiliating and debilitating experience. The impact of sexual harassment on people with disabilities is compounded by the disability. People with disabilities and their families lack information about sexual harassment prevention. Providers of services to persons with disabilities also acknowledge that providing prevention programs on sexual harassment is important, and they encourage the State to take the lead in developing such programs. In the roundtables for people with disabilities, participants shared information with the Task Force on some of the effects that sexual harassment has on teen girls and boys. They indicated that it is important to provide education and support to the victims and their families in the aftermath of such incidences. Some providers of services to people with disabilities recommended that support services, including counseling, to families and victims of sexual harassment are needed. ENDNOTES 1. 9 to 5 recently published a new book, The 9 to 5 Guide to Combating Sexual Harassment: Candid Advice from 9 to 5, the National Association of Working Women. This book covers every aspect of sexual harassment, including definitions, legal remedies and ramifications, barriers to reporting harassment, impact on morale and productivity, and model workplace policies. It also covers the steps for workers, managers and unions to prevent harassment from occurring or to deal with sexual harassment quickly and effectively, if it does occur. 2. U.S. Merit Systems Protection Board. (1981). Sexual Harassment of Federal Workers: Is It a Problem? Washington, D.C.: United States Government Printing Office. 3. U.S. Merit Systems Protection Board. (1987). Sexual Harassment of Federal Workers: An Update. Washington D.C.: United States Government Printing Office. 4. For additional information, contact the Industrial Management Council, The Hutchison House, 930 East Avenue, Rochester, NY 14607-2296. 5. For additional information, call the Department of Labor at 518457-6821 or contact the Regional Department of Labor Office or your local Community Service Center.