On-the-job, employer-sponsored training is one form of outreach and education for employees. Applied Psychol. [5] Testimony of Anica Jones, Trial Attorney, Memphis District Office, EEOC, and Jacquelyn Hines, Claimant, EEOC v. New Breed Logistics, Retaliation in the Workplace: Causes, Remedies, and Strategies for Prevention (June 15, 2015), https://www.eeoc.gov/meetings/meeting-june-17-2015-retaliation-workplace-causes-remedies-and-strategies-prevention/jones and https://www.eeoc.gov/meetings/meeting-june-17-2015-retaliation-workplace-causes-remedies-and-strategies-prevention/hines; see also EEOC v. New Breed Logistics, No. Young employees may be more susceptible to being taken advantage of by coworkers or superiors, particularly those who may be older and more established in their positions. Managers may feel (or may actually be) unaccountable for their behavior and may act outside the bounds of workplace rules. In addition, they noted that EEOC's website is neither mobile-friendly nor fully accessible to non-English speakers. [141] Written Testimony of Daniel Werner, Retaliation in the Workplace: Causes, Remedies, and Strategies for Prevention, (June 17, 2015), https://www.eeoc.gov/meetings/meeting-january-19-2011-human-trafficking-and-forced-labor/werner. We discuss the need for a comprehensive strategy to remedy this problem in Part Three of this report. 293 (2011). If the process does not work well, it can make the overall situation in the workplace worse. [47], As people hold multiple identities, they can also experience harassment on the basis of more than one identity group. Her supervisor made a habit of directing sexually-explicit comments to Jacquelyn and her female coworkers. The studies generally define "incivility" as insensitive, disrespectful, or rude behaviors directed at another person that display a lack of regard. 155 (2005). [35] In addition, 69% of respondents reported witnessing at least one ethnically-harassing behavior in the last two years at work and 36% of respondents who reported that they had not experienced direct harassment indicated that they had knowledge about the harassment of other co-workers. Maury Nation et al., What Works in Prevention: Principles of Effective Prevention Programs, 58 Am. [60] Two studies found that approximately 30% of individuals who experienced harassment talked with a supervisor, manager, or union representative. [95] CPP Global, Workplace Conflict and How Businesses Can Harness It to Thrive 6 (2008), available at https://www.cpp.com/pdfs/CPP_Global_Human_Capital_Report_Workplace_Conflict.pdf. It begins with the reality that harassment causes personal harm to the victim. In another study, researchers first assessed men's likelihood to sexually harass (LSH). Employers should foster an organizational culture in which harassment is not tolerated, and in which respect and civility are promoted. Significant number of teenage and young adult employees. According to Renette Anderson, Director of LADPW's Equal Employment Opportunity Services, "Much of this is due to our tenacious and steadfast commitment to our training efforts.". What it really takes to stop sexual harassment We were honored to be asked to co-chair the Select Task Force. 324 (2001). Accordingly, we present this "Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace." Low-status workers may be less likely to understand internal complaint channels, and may also be particularly concerned about the ramifications of reporting harassment (e.g., retaliation or job loss). EEOC resources can provide invaluable guidance for employers. 145 (2012). The campaign was successful due in large part to its multi-faceted approach of using a wide-scale awareness campaign with a robust local organizing model to engage people both online and offline. The training seemed particularly successful in clarifying for men that unwanted sexual behavior from co-workers, and not just from supervisors, can be a form of sexual harassment. There is also a worker-triggered complaint resolution mechanism, which can result in investigations, corrective action plans, and if necessary, suspension of a farm's "participating grower" status, which means the farm could lose its ability to sell to participating buyers. Rev. As a result, current research may underestimate the extent and nature of intersectional harassment.[54]. In Chair Yang's words, the goal of the Select Task Force was to "convene experts across the employer, employee, human resources, academic, and other communities to identify strategies to prevent and remedy harassment in the workplace. [190] Burlington Industries v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The Select Task Force was comprised of 16 members from around the country, including representatives of academia from various social science disciplines; legal practitioners on both the plaintiff and defense side; employers and employee advocacy groups; and organized labor. These behaviors differ from unwantedsexual attention in thatthey aim to insult and reject women,rather than pull them into a sexual relationship. The fiscal year ran from Oct. 1, 2013, to Sept. 30, 2014. Douglas Low et al., The Experience of Bystanders of Workplace Ethnic Harassment, 37 J. We do, however, encourage employers and other stakeholders to seek out and explore new and creative methods like these for the prevention of harassment, and encourage researchers to further examine escrow systems and gather evidence of their utility. We thank the members of our Select Task Force for volunteering their expertise over this past year - asking the difficult questions, shaping our discussions, and sharpening our inquiry. Much of the training done over the last 30 years has not worked as a prevention tool - it's been too focused on simply avoiding legal liability. What do employees do when they experience harassment in the workplace? Groups of employers should consider coming together to offer researchers access to their workplaces to research the effectiveness of workplace civility and bystander intervention trainings in a manner that would allow research data to be aggregated and not identify individual employers. In unionized workplaces, the labor union should ensure that its own policy and reporting system meet the principles outlined in this section. Id. In response, the supervisor said something like "welcome to the oil fields. If employers have a diversity and inclusion strategy and budget, harassment prevention should be an integral part of that strategy. [228] In addition, as we noted above, we recognize that employers may be reluctant to have their workplaces turned into a research experiment, that data collection will require the willingness of an employer to participate in this research, and that this in turn may necessitate spelling out the purposes for which this data will and will not be used.. [229] Written Testimony of Jess Kutch, Faces of Workplace Harassment and Innovative Solutions, Meeting of the Select Task Force on the Study of Harassment in the Workplace (Dec.7, 2015), https://www.eeoc.gov/eeoc/task_force/harassment/12-7-15/kutch.cfm. That presumption is incorrect. Organizational culture manifests itself in the specific behaviors that are expected and formally and informally rewarded in the workplace. Our experts included management and plaintiffs' attorneys, representatives of employee and employer advocacy groups, labor representatives, and academics who have studied this field for years - sociologists, psychologists, and experts in organizational behavior. Any of these words (optional) Search. The second part turns to potential solutions for responding to, and preventing, workplace harassment. The second employer was an agribusiness organization in the intermountain region that did trainings at several worksites. Originally developed to reduce sexual violence in educational settings, the It's on Us campaign is premised on the idea that students, faculty, and campus staff should be empowered to be part of the solution to sexual assault, and should be provided the tools and resources to prevent sexual assault as engaged bystanders. Employers have offered workplace civility training as a means of reducing bullying or conflict in the workplace. The researchers also found that the proportion of agency staff receiving training was positively related to the propensity that an individual employee had a definition of sexual harassment that includes these forms of unwanted sexual behavior. Employers should devote sufficient resources to harassment prevention efforts, both to ensure that such efforts are effective, and to reinforce the credibility of leadership's commitment to creating a workplace free of harassment. [92] See Jana Raver & Michele Gelfand, Beyond the Individual Victim: Linking Sexual Harassment, Team Processes, and Team Performance, 48 Academy of Mgmt. Another study found that for attendees who demonstrated increased proclivity for engaging in unwanted sexual behavior (based on a questionnaire completed prior to the training), training reduced that proclivity. EEOC & FEPA Charges Filed Alleging Sexual Harassment, by State & Gender FY 1997 - FY 2022 . [121] For just a sampling of news stories on such situations, see, e.g., Rick Rojas, Columbia Business Professor Files Sexual Harassment Lawsuit Against University, N.Y. Times, Mar. Bystander training could teach co-workers how to recognize potentially problematic behaviors; motivate and empower employees to step in and take action; teach employees skills to intervene appropriately; and give them resources to support their intervention. [84] These potential effects, both mental and physical, become increasingly likely when the harassment occurs over time.[85]. Given the amount of resources employers devote to training, and the fact that training is one of the primary mechanisms used to prevent harassment, we explored whether training is effective in preventing harassment, and if so, whether there are some forms of training that have better outcomes than others. What can we learn from these studies, limited as they are? EEOC should, as a best practice in cases alleging harassment, seek as a term of its settlement agreements, conciliation agreements, and consent decrees, that any policy and any complaint or investigative procedures implemented to resolve an EEOC charge or lawsuit satisfy the elements of the policy, reporting system, investigative procedures, and corrective actions outlined above. EEOC should develop additional resources for its website, including user-friendly guides on workplace harassment for employers and employees, that can be used with mobile devices. She worked there for a few weeks and the job was going well, until one day she was abruptly escorted off the premises. Merit Systems Protection Board, Sexual Harassment in the Federal Workplace: Is it a Problem? [172] Safe to say, employers can expect a time when virtually the entirety of their workforce is using social media. [111] Porath, et al., 2011, supra n, 110, at 3. [56] EEOC's Research and Data Plan for 2016-2019 authorized the agency's research division to study EEOC charge data as well as federal sector hearing and appeal statistics, along with EEO survey and Census data, to determine which private sector and federal, state and local government employers and industries were most frequently subject to allegations of harassment. 15% alleged harassment on the basis of age, 13% alleged harassment on the basis of national origin, and. Roughly three out of four individuals who experienced harassment never even talked to a supervisor, manager, or union representative about the harassing conduct. 2013)). Equal Employment Opportunity Commission, Enforcement & Litigation Statistics, All Charges Alleging Harassment (FY 2010-FY 2019), https://www.eeoc.gov/statistics/all-charges-alleging-harassment-charges-filed-eeoc-fy-2010-fy-2019; U.S. Employees in their first or second jobs may be less aware of laws and workplace norms. Similarly, sufficient resources must be allotted to procure training, trainings must be provided frequently, and sufficient time must be allocated from employee schedules so that all employees can attend these trainings. A lock ( [13] For example, some charges may allege objectionable behavior, but not behavior based on a protected characteristic under employment non-discrimination laws. In the course of a year, the Select Task Force received testimony from more than 30 witnesses, and received numerous public comments. When employers consider the costs of workplace harassment, they often focus on legal costs, and with good reason. (citing T.M. Res. [98] Even conduct that is not harassment can lead to employee turnover. Cultural and language differences in the workplace, Arrival of new employees with different cultures or nationalities, Segregation of employees with different cultures or nationalities. Finally, we urge employers whomay read this and conclude that their policies are currently effective and in line with EEOC's recommendations to consider this report as an opportunity to take a fresh and critical look at their current processes and consider whether a "reboot" is necessary or valuable. Ensure that culturally diverse employees understand laws, workplace norms, and policies. EEOC does not have legal authority to require a respondent to undertake any actions; it has authority only to negotiate with the respondent to effectuate voluntary resolutions during this administrative process. Created in January 2015, the Select Task Force was comprised of 16 members from around the country, including representatives of academia from various social science disciplines; legal practitioners on both the plaintiff and defense side; employers and employee advocacy groups; and organized labor. With legal liability long ago established, with reputational harm from harassment well known, with an entire cottage industry of workplace compliance and training adopted and encouraged for 30 years, why does so much harassment persist and take place in so many of our workplaces? It Starts at the Top - Leadership and Accountability Are Critical. [70], Charges of harassment come at a steep cost for employers. [238] Testimony of Anne Johnson, Faces of Workplace Harassment and Innovative Solutions, Meeting of the Select Task Force on the Study of Harassment in the Workplace (Dec. 7, 2015), https://www.eeoc.gov/eeoc/task_force/harassment/12-7-15/johnson.cfm. Not Just the Rich and Famous - Center for American Progress Employers should consider including workplace civility training and bystander intervention training as part of a holistic harassment prevention program. The most interesting study in this regard was of federal employees. Workplace civility trainings focus on establishing expectations of civility and respect in the workplace, and on providing management and employees the tools they need to meet such expectations. Third, leadership must back up its statement of urgency about preventing harassment with two of the most important commodities in a workplace: money and time. and worked a series of temporary jobs through various staffing agencies to support herself and her family. EEOC and the National Labor Relations Board should confer, consult, and attempt to jointly clarify and harmonize the interplay of the National Labor Relations Act and federal EEO statutes with regard to the permissible content of workplace "civility codes.". In many studies, the researchers survey participants pre- and post-training and evaluate the effectiveness of the training based on self-reported answers immediately following the training. When C-level employees [i.e., senior headquarters executives] take a critical look at, and aggressively deal with, supervisors that are involved in or not reporting harassment, we have seen this translate into higher morale and higher productivity among the rest of the workforce. [136] Finally, young workers who are in unskilled or precarious jobs may be more susceptible to being taken advantage of by coworkers or superiors, particularly those who may be older and more established in their positions. If a respondent does not agree to a voluntary resolution during this process, EEOC (or the charging party) may sue the respondent in court and a court may order relief if the respondent is found to have violated the law. At that hearing, members of the Select Task Force heard testimony from six invited witnesses: The witnesses focused their remarks on the prevalence of workplace harassment in both the private and public sector. We do not pretend to have all the answers for a reboot of workplace harassment prevention. Stat. 99 (2004); Mary P. Rowe, Dealing with Harassment: A Systems Approach, in Sexual Harassment in the Workplace: Perspective, Frontiers, and Response Strategies, Women and Work 241 (Margaret S. Stockdale ed., 1996); and Pamela P. Stokes et al., The Supreme Court Holds Class on Sexual Harassment: How to Avoid a Failing Grade, 12 Emp. An anti-harassment policy is a key component of a holistic harassment prevention effort. Manuel Cuevas-Trisn, Vice President, Litigation, Data Protection & Employment Law, Motorola Solutions, Inc. Frank Dobbin, Professor of Sociology, Harvard University, Stephen C. Dwyer, General Counsel, American Staffing Association, Fatima Goss Graves, Vice President for Education and Employment, National Women's Law Center, Ariane Hegewisch, Program Director, Employment & Earnings, Institute for Women's Policy Research, Christopher Ho, Senior Staff Attorney and Director, Immigration and National Origin Program, Legal Aid Society - Employment Law Center, Thomas A. Saenz, President & General Counsel, Mexican American Legal Defense and Educational Fund, Jonathan A. Segal, Partner, Duane Morris and Managing Principal, Duane Morris Institute, Joseph M. Sellers, Partner, Cohen Milstein LLC, Angelia Wade Stubbs, Associate General Counsel, AFL-CIO, Rae T. Vann, General Counsel, Equal Employment Advisory Council, Patricia A. Indeed, since 2010, employees have filed 162,872 charges alleging harassment. Alcohol reduces social inhibitions and impairs judgment. An in-depth examination of the social science research on attitudes, attitude/behavior consistency, and attitude change generally is beyond the scope of this report. [239] See Johnson testimony, supra n. 239; Edwards testimony, supra n. 225. However, training did not improve Hispanic employees' knowledge about sexual harassment. And sure enough, that's what happened. Although not intended as such, the use of the term "zero tolerance" may inappropriately convey a one-size-fits-all approach, in which every instance of harassment brings the same level of discipline. The #MeToo movement will be in vain if we don't make these changes The most important lesson we learned from our study is that employers must have a holistic approach for creating an organizational culture that will prevent harassment. Train co-workers to intervene appropriately if they observe alcohol-induced misconduct. 641 (2011). [198] Other studies also suggest that trainings have a positive impact on knowledge acquisition. Provide targeted outreach about harassment in high schools and colleges. Workplace Harassment Remains a Persistent Problem. 607 (2003). 110-409): an aggregate request for the Office of Inspector General; amounts required for OIG training; and . [222] Most bystander intervention trainings employ at least four strategies: One organization that provides training on campuses, Green Dot, creates a sense of empowerment by focusing its training on "three D's:" (1) confront the potential perpetrator of sexual assault in a direct manner, and ask the person to cease the behavior; (2) distract the potential perpetrator of sexual assault, and remove the potential victim; or (3) delegate the problem to someone who has the authority to intervene.[224]. Rather, at all levels, across all positions, an organization must have systems in place that hold employees accountable for this expectation. In the 2007 Level Playing Field Institute study, roughly one-fourth (27%) of respondents who experienced "unfairness" at work within the past year, and over 70% who suffered bullying, said their experience strongly discouraged them from recommending their employer to potential employees. These are the people who make all of the difference in the day-to-day lives of organizations and people. [22], Whether or not women label their unwanted experiences as sexual harassment appears to have little influence on the negative consequences of these experiences. Rev. Workplaces with many teenagers and young adults may raise the risk for harassment. No. Harassment in the workplace will not stop on its own - it's on all of us to be part of the fight to stop workplace harassment. [176] Finally, ensuring that the process that commences following a report is fair to an individual accused of harassment contributes to all employees' faith in the system. EEOC Releases Fiscal Year 2015 Enforcement and Litigation Data Training programs are also available for tailored to federal sector needs. For example, as we described above, the Fair Food Program, run by the Coalition of Imokalee Workers in Florida, has developed educational materials created by farmworkers themselves. The number of charges filed decreased compared with recent fiscal Continue reading EEOC . But information on the web can be overwhelming and is not always correct. may not be the most effective in reaching youth, and that more creative approaches are necessary. Similarly, one size does not fit all: Training is most effective when tailored to the specific workforce and workplace, and to different cohorts of employees. [77] eBossWatch, National Boss Day Report: Employers paid over $356 million for workplace harassment and discrimination complaints (Oct. 16, 2012), http://blog.ebosswatch.com/2012/10/national-boss-day-report-employers-paid-over-356-million-for-workplace-harassment-and-discrimination-complaints/. The activities of the Select Task Force on the Study of Harassment in the Workplace are set out in detail in Appendix A. [226] See, e.g., McDonald, supra n. 226 (documenting the types of interventions co-workers use when they observe sexual harassment); Maura Kelly & Sasha Basset, Evaluation of the Potential for Adapting the Green Dot Bystander Intervention Program for the Construction Trades in Oregon, Sociology Faculty Publications and Presentations 1 (2015) (evaluating the potential of bystander intervention training to reduce harassment in the construction trades); McDonald and Flood, supra n. 226; Lynn Bowes-Sperry & Anne M. O'Leary-Kelly, To Act or Not to Act: The Dilemma Faced by Sexual Harassment Observers, 30 Acad. (Of course, for participants to believe this, the employer's reporting system must indeed operate in this fashion). An organization's culture is set by the values of an organization. If a high-value employee is discharged for misconduct, consider publicizing that fact (unless there is a good reason not to). 29 C.F.R. All allegations of discrimination brought under this administrative system are called "charges." Information on the June 2015 meeting is available at: Select Task Force Meeting of June 15, 2015 - Workplace Harassment: Examining the Scope of the Problem and Potential Solutions. A number of large companies, such as McDonald's and Wal-Mart, have begun to hold their tomato growers accountable by buying tomatoes only from those growers who abide by a human rights based Code of Conduct, which, among other elements, prohibits sexual harassment and sexual assault of farmworkers. Of the approximately 90,000 charges of discrimination the EEOC received in fiscal year 2015, 28,000 the largest share alleged sexual harassment in whole or among other charges. Bus. The policy must be communicated on a regular basis to employees, particularly information about how to file a complaint or how to report harassment that one observes, and how an employee who files a complaint or an employee who reports harassment or participates in an investigation of alleged harassment will be protected from retaliation.[171]. [152] Such workplaces include retail stores, chain restaurants, or distribution centers - those enterprises where corporate offices are far removed physically and/or organizationally from front-line employees or first-line supervisors, or representatives of senior management are not present. [90] See Cortina & Berdahl, supra n. 14 at 481 (summarizing studies); Donald Zauderer, Workplace Incivility and the Management of Human Capital, The Public Manager 38 (Spring 2002). [231] EEOC's Small Business Task Force is led by Commissioner Constance S. Barker. We heard that using the metric of the number of complaints lodged within a particular division, with rewards given to those with the fewest number of complaints, might have the counterproductive effect of managers suppressing the filing of complaints through formal and informal pressure. For instance, an African-American woman may experience harassment because she is a woman, but also because of her racial identity.
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