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D.C. Circuit Holds That Employees Should Report Sexual Harassment Promptly

Sexual Harrassment?

Analyst
USDA
Mon Oct 26, 2009 6:43 AM

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I don't think that it was sexual harrassment in David Letterman's case. I don't believe that any of the women complained - seems to me that they thought that they could get ahead by chumming up to the boss. In the David Letterman case, I believe it was just sex between consenting adults. Not sexual harrassment.

Re: Sexual Harrassment?

Worker Bee
Treasury
Mon Oct 26, 2009 8:31 AM
Anytime sex is involved between boss and employee sexual harrassment is on the table. Maybe they though sex with the boss would advance their career, maybe they thought not having sex with the boss would reduce their upward mobility.
Good rule to follow: Don't fish off the company pier.

Re: Sexual Harrassment?

Civ
Navy
Mon Oct 26, 2009 3:03 PM
Worker Bee, disagree. You might want to read the regs on unwelcome behavior, etc., etc., etc. Also, mgt can't stop and correct inappropriate behavior if they don't know about it. As hard as it is, the victim must tell someone in either the EEO or mgt chain, pronto.

Re: Sexual Harrassment?

Analyst
USDA
Tue Oct 27, 2009 6:11 AM
And, not one of the WOMEN in the David Letterman case complained! It WAS NOT sexual harrassment. No one was harrassed, it was consentual. How do you know if the women didn't approach him? It can go both ways and if neither party feels harrassed, it is just sex between two consenting adults. Maybe David should have said no, but he didn't and there were no complaints from any of the women.

Excellent Article - Some Views

Management Consultant
JMA
Mon Oct 26, 2009 8:48 AM

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Sexual harassment (SH) should be reported as soon as possible, following a warning to the guilty party. SH includes unwelcome sexual advances, and certain verbal or physical conduct e.g., inappropriate pictures, posters,dress manner, etc. Psychological injury need not be proved, so long as the intention to harass is clearly shown. A company can be held liable for damages resulting from a hostile work environment.
Training is vital: packaged workshops, assertiveness training, and gender-awareness training. One cannot change a person’s attitudes immediately, but you can change behavior, which is often the predecessor to attitudinal changes.
SH is a subject that is highly sensitive in nature. Knowing what sexual harassment is and how one can deal with this extremely important issue in the workplace has become a priority.
Maxwell Pinto, Business Author: Leadership, ethics, women in the workforce, etc.
http://www.strategicbookpublishing.com/Management-TidbitsForTheNewMillenium.html

Solis case

Environmental Prot Agency
USEPA
Mon Oct 26, 2009 10:38 AM

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The decision sucks SH is almost as debilatating as rape. maybe even more in some respects. when you are being harrassed yu feel alone helpless and perhaps y ou even have so guilt feelings that maye yoiu brought this on your self. So reporting it quickly maybe difficult. And as the judge rogers stated in his dissent this decision goes against precedent.

Re: Solis case

IT Spec
DOE
Mon Oct 26, 2009 1:12 PM
I have to agree with USEPA.

I was sexually harassed in college over a three year period by a management professor! This was before there was a harassment policy. It actually went beyond harassment. The quality of my education took a nose dive.

SH is sometimes an indicator that a person has some psychological problems to the point of being dangerous.

Re: Solis case

HR Manager
DoD
Mon Oct 26, 2009 1:42 PM
Team leaders in the Federal government are 99% of the time NOT management officials. They are just like co-workers. They do not have the assigned responsibility or training to represent management.

Easier Said than Done

Civil Engr. Tech
FS
Mon Oct 26, 2009 12:06 PM

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After having only a couple of years in the agency, I was moved to a different dept. My boss sexually harrassed me for 3 years. Everyone knew it and even told the head Engr. NOTHING! I was afraid that if I spoke up, I would be the scape goat. As it turns out my boss tried getting away with one too many things and an investigation ensued. The sexual harrassment came out and not only about me. The head Engr let it be know he sided with my boss. I would have been toast if I had filed the complaint by itself. The boss? His position was abolished and he took an early retirement with 7 charges to be filed against him if he didn't retire. Big deal! What kind of message to you think that sent the work force around here.

Re: Easier Said than Done

Manager
USFS
Tue Oct 27, 2009 7:08 PM
Civil Eng. Tech, I also work for the USFS and have seen attitudes toward SH backslide all the way back to the 70s since we started addressing the issue through AgLearn training. When the Agency went with this self-study, online course to supposedly raise awareness of SH in the workplace, I felt it was a mistake, and I still believe it was. It sends a message that the agency really doesn't care about addressing the problem, but is more intent on checking off some training widgets in the cheapest manner possible. I remember the days when we had instructor led SH awareness training annually, and although it created some uncomfortable conversations, I could the lightbulbs come on in some people's brains. They actually learned things about what SH is and how it affects people. I believed while it didn't eliminate SH, it did change some behaviors for the better. Now it's just swept under the rug. Embarrasing.

Sexual Harrassment

Clerk
Dept of Labor
Mon Oct 26, 2009 1:03 PM

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This judge should be run out of town! I find it so hard to believe he would not rule in her favor. Don't think for a minute that reporting SH is going to make a difference. A contractor texted me nude pictures of himself in the middle of the night. He is 27 and I am 53! I certainly did not 'ask for it' when he sent these pictures. I reported it the next day. It took EEO more than three months to even contact me, and after seven months, it was decided no harrassment took place! Give me a break! The Government's stance on SH is BS and always has been. I don't know why we waste the money on an EEO office. They are useless. I went through hell in my office because this guy was 'well liked' and such a 'good Christain' boy. I had co-workers who would not speak to me, I had things stolen out of my purse, you would not believe it. I was just glad his contract ran out and was not renewed. He threatened to KILL me, and it took FPS two MONTHS to contact me. Yes, I am disillusioned

Re: Sexual Harrassment

Investigator
USAF
Mon Oct 26, 2009 6:52 PM
Someone transmitting nude photos on cell phone makes a good obsenity charge for sure!!!

Court Apparently Unfamiliar with Sexual Harassment

Attorney - Private Practice
Law Office of Josh F. Bowers, PC, Silver Spring, MD
Mon Oct 26, 2009 1:28 PM

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The court apparently is unfamiliar with the realities of the workplace. Sexual harassment is an invasive humiliating experience and woman too often have little confidence that their employers will act aggressively to stop sexual harassment. Women tend to limit reports of sexual harassment to team leaders, co-workers, supervisors or even Human Resources staff who they know personally and with whom they have some degree of confidence. If that report of sexual harassment does not result in corrective action, most women do not press further with an unfamiliar EEO procedure. It is only when the sexual harassment becomes increasingly severe that some women initiate contact with the EEO procedure. The correct body of law developed by the EEOC and other court decisions follows the dissent in this case. The court’s ruling in this case is very disappointing decision. Josh Bowers, Silver Spring, Maryland

It's hard to report sexual harassment.

peon
USPS
Tue Oct 27, 2009 9:57 AM

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Our boss commented at a staff meeting that we want to fire people who complain. A few days later, he emailed the entire office that we should look for other jobs if we were unhappy about favoritism shown our coworkers, and to mind our own business. The gender-based discrimination is blatant and outrageous. One of the managers threatened me for making what he mistakenly considered to be a comment about the situation. I need my job and -- otherwise -- love it. The legal burdens to successfully prosecute a discrimination case are so heavy, and it would be the kiss of death for my career. In the past, I've always spoken up and tried to right wrongs and leave the World a better place. Now, all I can do is put my head down and look the other way.

Re: It's hard to report sexual harassment.

Analyst
USDA
Wed Oct 28, 2009 8:57 AM
That's the problem - how to report sexual harrassment and keep your job. They don't make it easy...once people find out you reported it, they avoid you like you have a disease that they can catch!
Total Comments: 18
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