This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. CHAPTER 4 Agency Actions to Reduce Sexual Harassment Supervisors, managers, and peers in many instances are not fully aware that sexual harassment is being demonstrated. It must be brought out two or three times a year and aired in department-level and staff meetings, by inhouse and outside sources, and should include statistics, graphs, and fllm strips so everyone can recognize the seriousness of the matter. A Survey Respondent Summary of Findings This chapter discusses actions taken by the 22 largest Federal agencies (-1) during FY 1980 through FY 1986 to reduce the incidence and impact of sexual harassment. The data are from these agencies' written responses to a series of questions the Merit Systems Protection Board sent to each agency as part of this study. Since detailed records are not maintained (nor are they required to be maintained) on many of the questions asked (e.g., training specifi{ally on sexual harassment), many of the agency responses are "best estimates." The major findings include the following: * There is no clear correlation between any agency's estimates of its training efforts on the issue of sexual harassment and the reported incidence of harassment in that agency. It is unlikely, in any event, that training alone is an adequate answer to the complex problem of sexual harassment but more carefully tailored training may be at least part of the answer. * According to each agency's own estimates, on the average, a Federal employee received a total of I to 2 hours of training on sexual harassment during the 7-year period from FY 1980 through FY 1986. This training was not evenly distributed among all employees, but managers and personnel and EEO officials were more likely to receive it than nonsupervisory employees. * Agencies estimated that during FY 198() through FY 1985, an average of 482 days elapsed from the date a formal complaint of sexual harassment was filed to the date the complaint was disposed of. The 22 largest departments and agencies also reported that 1,008 formal complaints of alleged sexual harassment were filed during FY 1980 through FY 1 986 . * All agencies have issued policy statements or other written guidance on sexual harassment although the recency and content of those issuances vary widely. * Through a variety of methods, agencies believe they have communicated their official policies prohibiting sexual harassment to the vast majority of their employees and that employees are generally aware of the related formal complaint procedures. Employee responses to the 1987 MSPB questionnaire support that belief. Agency Training Is Minimal My agency has mandatory training for supervisors euery year, but employees can only get trained is their supervisors askfor special training. We need to ensure that all employees from department head to laborer receive the same type of training on sexual harassment. I have been with the civil servicefor approximately 5 years and have yet to receive training in this area. A Survey Respondent Agencies were asked if they had developed training programs on the problem of sexual harassment. Although each agency reported that it had provided training on sexual harassment, that training has generally been minimal; has focused more on managers and personnel and EEO officials than on nonsupervisors; and in a few agencies has been given less emphasis in recent years compared to 4 to 7 years ago. These points are discussed further below. Training length According to agency estimates, during FY 198() through FY 1986, the average employee spent a total of 1 hour or less in sexual harassment training in 6 of the 22 agencies, 1 to 2 hours in 12 agencies, and 3 to 4 hours in another 2 agencies. In only two agencies--the Departments of the Interior and the Navy--was it estimated that employees received at least 4 to 8 hours of training (see fig. 4-1). Training audience Our data show that the most likely perpetrators as well as victims of harassment are nonsupervisory personnel. While agencies did provide some training to nonsupervisory employees, most estimate that a much greater proportion of managers and personnel and EEO officials than nonsupervisors received training during FY 1980 through FY 1986. Exceptions include NASA and the Departments of the Air Force and Labor; each of these agencies estimates it trained almost as many nonsupervisors as managers. Eight agencies simply did not keep records on the number of nonsupervisors given sexual harassment training during the period. I know that our management staff has recently received training in sexual harassment. I cannot recall that employees have ever received the same training. I suggest that this training be given to everyone. A Survey Respondent Varied emphasis on training Responses indicated that a few agencies appear to have emphasized sexual harassment training during FY 1980 through FY 1983 more than in the years following. As an example, the Department of Labor estimated that it trained 50 percent of its managers and nonsupervisors and 60 to 80 percent, respectively, of its personnel and EEO officials in both FY 1980 and FY 1981. In contrast, based on Department of Labor estimates for FY 1984 through FY 1986, it annually trained only 2 percent of its nonsupervisors, 3 percent of its supervisors, and 10 percent of its personnel and EEO officials. Similarly, the Department of the Navy estimated that it trained 86 percent of its managers, 80 percent of its personnel and EEO officials, and 40 percent of its nonsupervisors in FY 1982, compared with 8 percent, 10 percent, and 5 percent, respectively, in FY 1986. Other agencies (e.g., the Departments of the Air Force, State, and the Interior) estimated that compared to FY 1980 and FY 1981, they trained as large or a larger percentage of their work force in FY 1985 and FY 1986. The Department of State, in particular, estimated that in both FY 1985 and FY 1986, 75 percent. of its managers and 100 percent of its personnel and EEO officials received training on sexual harassment and that 42 percent and 60 percent of its nonsupervisory employees also received training in FY 1985 and FY 1986, respectively. The Board's study did not find any clear correlation between an agency's estimate of the amount of training provided to employees and the rate of alleged sexual harassment within that agency as measured by employee responses to the MSPB questionnaire. A number of possible reasons exist for this lack of correlation. The Board's study, for example, did not attempt to judge the quality or the content of the training provided. Nevertheless, it is logical to assume that quality and content have a significant impact on training effectiveness. It is also possible, given the complexity of the problem, that training alone cannot resolve the problem of sexual harassment. Even so, properly structured training may be part of the answer. Policy Statements and Other Guidance Reach Most Employees When asked whether they had issued policy statements prohibiting sexual harassment or other guidance on this issue, every agency noted that it had issued a policy statement or other guidance at least once during FY 1980 through FY 1986. Not all agencies provided the information each year. For example, the Departments of the Army and Education did not release any statements or guidance during FY 1982 through FY 1986. A review of current agency policy statements submitted in response to the Board's request reveals that in many cases the statements were developed years ago and have never been updated. Typically, agencies distributed their policy statements or guidance to all employees (21 of 22 agencies), and all agencies made the information available in their EEO and personnel offices. Most also posted the material in public hallways and on office bulletin boards and provided copies to employees participating in sexual harassment training. They also used such other means of dissemination as: * EEO meetings; * Employee newsletters; * Federal Womens' Week activities; * Published standards of conduct; * Segments of management training courses; and * Orientation for new employees Employees' awareness The Board asked each agency to estimalte the percentage of its employees the agency thought were aware of its sexual harassment policy. Agencies responded that they believe they have communicated their policy on sexual harassment to the vast majority of t.heir employees. Survey data support this conclusion (see fig. 4-2). Seventy-one percent of Federal employees are aware of established agency policies prohibiting sexual harassment. Approximately 24 percent did not know, and 5 percent did not think their agencies had established a policy. Employees' suggestions for refinements Written comments submitted by respondents to the Board~s 1987 questionnaire provide some useful insights. Some respondents believe their agencies' policy statements should be more comprehensive and forceful. For example, some employees said their agency policy statements should publicize the possible sanctions that can result from sexually harassing others. Many respondents also suggested that their agency policy statements include definitions of the behaviors or situations that may constitute sexual harassment. Information on Complaint Procedures Needs More Publicity The Board asked what an agency does, if anything, to inform its employees about complaint procedures available for reporting incidents of sexual harassment. In response, every agency said it had provided such information to all employees and most (18 of 22) said they had done this yearly during FY 1980 through FY 1'3t Most agencies (16 of 22) provided information about complaint procedures by distributing notices to each employee. All agencies made the information available in their personnel and EEO offices. Most (19 of 22) also posted notices in their hallways and on bulletin boards, and all but one included this information in training sessions on sexual harassment. Despite the variety of methods used to distribute information about complaint procedures, only 14 of 22 agencies estimated that as many as 75 percent to 100 percent of their nonsupervisory employees were aware of procedures available to them for handling incidents of sexual harassment. Four agencies estimated that only 50 percent to 75 percent of their nonsupervisory employees were aware of the procedures, and another four thought only 25 percent to 50 percent were aware. -2 As discussed in chapter 3, however, most employees responding to the Board's questionnaire said they were generally aware of the formal complaint procedures available in their agencies, although only 55 percent believed their agencies have actually publicized those procedures. Agencies also provided estimates of employee awareness of formal complaint procedures. Judging from their responses, as was the case with training, many agencies apparently focus their information dissemination efforts on their managers, supervisors, and personnel and EEO officials. All but one agency estimated that 75 percent to 100 percent of their EEO and personnel officials knew about the complaint procedures, and 18 estimated this level of awareness for their managers and supervisors. Processing Formal Complaints Averages Well Over 1 Year In response to the Board's inquiry, the 22 largest Federal departments and agencies reported that a combined total of 1,008 formal sexual harassment complaints had been filed by agency employees during FY 1980 through FY 1986. Given the combined population of these agencies, this is a relatively modest number of formal complaints. Agencies also reported that it took an average of 482 days to process a charge of sexual harassment during FY 1980 through FY 1985. -3 "Process" was defined as the average length of time from the date the formal complaint was filed to the date the case was finally disposed of. As shown in figure 4-3, the number of sexual harassment complaints filed by Federal employees has increased since 1980. Agencies reported that 73 sexual harsssment complaints were filed in 1980--compared to 225 in 1986. Given the length of time to process a complaint of sexual harassment and the perception that some informal employee actions are perceived to be as effective or more effective in resolving an instance of sexual harassment, it is not surprising that relatively few victims of harassment choose to pursue formal remedies. Employees' Views of Agencies' Actions Are Less Positive Than Agencies' Views My daughter and one of her friends were harssed but because the proper channels were available and the awareness was present immediate action was taken. A Survey Respondent I personally know of a man who had four complaints filed against him by four different women in a 1-year period, but continued to hold the same job. No formal action was ever taken, so he continued to harass women on the job. A Survey Respondent In the Board's 1987 questionnaire and in the written questions submitted to each agency head, the following possible agency actions were listed: * Establishing policies prohibiting sexual harassment; * Providing swift and thorough investigations of complaints; * Enforcing penalties against managers who allow sexual harassment to continue; * Enforcing penalties against sexual harassers; * Publicizing availability of formal complaints channels; * Providing counseling services for victims of sexual harassment; * Providing awareness training for employees; and * Providing awareness training for managers and EEO officials. Figure 4-2 summarizes agency and employee views on whether agencies have taken the actions listed above. As can be seen, agency management and employees have different perceptions about official agency actions taken to stop sexual harassment. For example, all 22 agencies stated they conduct swift investigations into sexual harassment complaints. Only 32 percent of employees believe this is true. Further, only in the areas of establishing policies prohibiting sexual harassment, publicizing available formal complaint channels, and providing awareness training for managers and EEO personnel do more than half the employees believe that their agencies have taken these actions. The Board also asked the agencies and employees to tell us how effective they perceived each of the listed actions to have been in reducing sexual harassment. From among those respondents who thought that their agency had taken the indicated action and who expressed an opinion, figure 4-4 shows the percentage who also thought those actions were either somewhat or very effective. Their opinions in this regard are contrasted with the official views of their agencies. As shown, with regard to almost every type of action, the agencies believed their efforts have been effective. Employees agreed to a lesser degree for each action measured. FIGURES AND TABLES (format has been altered due to graphics limitations) FIGURE 4-1 For 22 Federal Departments and Agencies During FY 1980 Through FY 1986, Total Length of Time an Average Employee Spent in Sexual Harassment Training Time in training Percentage of agencies 1 Hour or less 27% (6 out of 22 agencies) 1-2 Hours 55% (12 out of 22 agencies) 3-4 Hours 9% (2 out of 22 agencies) 4-8 Hours 9% (2 out of 22 agencies) FIGURE 4-2 Agency and Employee Perceptions of Agency Actions That Have Been Taken to Reduce Sexual Harassment Percentage of employees or agencies who state that the indicated action was taken in their agency RESPONSES POSSIBLE AGENCY ACTIONS AGENCY EMPLOYEE Establish policies 100% 71% Provide swift investigation of complaints 100% 32% Enforce penalties against managers 59% 18% Enforce penalties against harassers 82% 27% Publicize complaint channels 100% 55% Train employees 86% 46% Train managers and EEO officials 95% 53% NOTE: Agency responses are those provided to MSPB, in writing, in response to MSPB questions addressed to the head of each agency. FIGURE 4-3 Formal Sexual Harassment Complaints Filed Within the 21 Largest Federal Agencies* Number of complaints filed by the 21 largest federal departments and agencies FISCAL YEAR 1986 225 complaints 1985 182 complaints 1984 140 complaints 1983 116 complaints 1982 118 complaints 1981 154 complaints 1980 73 complaints * Data from the Environmental Protection Agency were not available. FIGURE 4-4 Agency And Employee Perceptions of Agency Actions Which, Once Taken, Were Effective in Reducing Sexual Harassment Percentage of employees or agencies who state that the indicated action was taken and that it was very or somewhat effective in reducing sexual harassment RESPONSES POSSIBLE AGENCY ACTIONS AGENCY EMPLOYEE Establish policies 100% 79% Provide swift investigation of complaints 100% 74% Enforce penalties against managers 85% 65% Enforce penalties against harassers 89% 72% Publicize complaint channels 95% 73% Train employees 100% 76% Train managers and EEO officials 100% 81% NOTE: Agency responses are those provided to MSPB, in writing, in response to MSPB questions addressed to the head of each agency. NOTES 1. A list of agenices surveyed is attached as appendix 2. 2. Six of these eight agencies were the same ones that did not distribute a notice on their complaint procedures to each employee and that may have caused them to be cautious in their estimates. 3. FY 1986 was not included in developing the estimate since a number of complaints filed during FY 1986 had still not been resolved at the time the information was collected from each agency.