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Sexual Harassment & Violence in the Workplace
Many victims of sexual harassment, sexual assault, dating or domestic violence, or stalking are working women, which makes the workplace a central point for intervention and prevention. For some women, work may be the only place in which they are away from their abuser. For other women, perpetrators (who may be coworkers or outsiders) sexually harass, physically or sexually assault, or stalk them in the workplace.
Data from the National Crime Victimization Surveys for 1992-96 indicate that during each of the study years, more than 42,400 American women reported they were sexually assaulted while working or on duty. Regardless of whether sexual assault occurs in or out of the workplace, the experience can impair an employee's work performance, require that she take time away from work, and undermine her professional life.
Although not the focus of this discussion, sexual harassment-a serious form of sex discrimination that can include sexual assault-remains a significant issue in the workplace for both employees and companies. In 1999, more than 15,000 sexual harassment charges were filed with the U.S. Equal Employment Opportunity Commission and state and local fair employment practice agencies, up from 10,500 in 1992. Women are nine times more likely than men to quit their jobs because of sexual harassment, five time more likely to transfer, and three times more likely to lose their jobs.
A 1994 survey of federal workers estimated that incidents of sexual harassment cost the government $327 million because of job turnover, sick leave, and individual and work group productivity losses.
Statistics indicate that stalkers commit a significant number of violent acts against their victims in or around where victims work, creating greater incentives for employers to enhance security for such victims while the victims are at work. This is particularly true when stalkers are coworkers of the victims. More than 25 percent of stalking victims lost time from work because of the stalking, and 7 percent of these employees never returned to work.
An increasing number of companies and unions are recognizing the adverse effect of domestic violence on the workplace. Specifically, costs to employers can be measured in lost productivity, absenteeism and turnover, increased health care costs, and other direct and indirect expenses. In recent surveys, more than three-fourths of human resource professionals agreed that domestic violence is a workplace issue, and two-thirds of senior corporate executives agreed that their company's financial performance would benefit from addressing domestic violence among their employees.
Although more employers and unions are addressing domestic violence as a workplace issue, less attention has been paid to sexual assault and stalking. Several major corporations paved the way to addressing domestic violence by developing comprehensive policies and sharing information with colleagues. These efforts can be broadened to address other forms of violence against women and include separate workplace education and intervention initiatives on sexual assault and stalking. Helping small businesses that employ 50 or have cognitive and physical disabilities.
Publicize that such policies exist.
Prohibit discrimination against employees who disclose their experiences with violence.
Provide victims with avenues to confidentially disclose victimization and guide them on ways to seek assistance that safeguard privacy and confidentiality.
Take all disclosures of abuse and security concerns seriously, whether in or out of the workplace.
Respond promptly, and investigate allegations thoroughly.
Offer victims paid and unpaid leave options to allow victims to obtain protective orders and seek counseling.
Devise appropriate and feasible options for a victim whose perpetrator is a coworker.
Extend policies and services to secondary survivors, such as the partner of a sexual assault survivor or children of a domestic violence victim, as possible.
Apply all policies to same-sex sexual harassment, sexual assault, domestic violence, and stalking victims.
Teach all employees about intervention and prevention strategies for sexual harassment, sexual assault, dating and domestic violence, and stalking.
Teach all employees how to respond to coworkers who are victims or perpetrators of sexual harassment, sexual assault, dating and domestic violence, and stalking.
Ask employees to protect the confidentiality of victims whenever possible.
Educate and train small businesses via local chambers of commerce, small business trade organizations, and professional associations.
Ensure that information is accessible to employees who do not speak English, are hard of hearing, have limited reading skills, or have cognitive or physical disabilities.
Provide benefits that support victims of sexual assault, domestic violence, and stalking.
Fewer people collect information, develop networks, and offer tools to implement cost-effective programs represents an additional challenge. Smaller workplaces-including fast food restaurants-may employ more young women, who are statistically at greatest risk for sexual assault, dating and domestic violence, and stalking.
As companies and labor organizations continue to develop and expand initiatives to end workplace violence, community-based organizations working with survivors of sexual assault and domestic violence should be seen as collaborative partners. Sexual assault and domestic violence advocates can support and guide efforts to address violence against women in the workplace, including providing personnel training. In turn, businesses and unions can train community-based program staff to work effectively with the business community, labor organizations, and employed victims.
Outlined below are specific actions community based organizations, businesses, employers, and labor organizations can take to create safe, nonviolent workplaces and play a role in ending violence against women.
What Businesses, Employers, and Labor Organizations Can Do
Develop and implement written policies that address sexual harassment, sexual assault, dating and domestic violence, and stalking. Ensure that these policies apply to all employees, including managers and supervisors.
Use specific guidelines rather than vaguely worded "zero tolerance" statements when writing such policies.
Demonstrate strong employer and union leadership support for such policies.
Issue policies (including those that specifically target young employees) to all employees, interns, and contractors in a form that is accessible to those who do not speak English, are hard of hearing, have limited reading skills,
Provide victims with flexible and paid administrative leave or sick days, permit them to use the Family and Medical Leave Act, and allow them to use flextime during the workday so that they may have time to address issues related to victimization.
Offer health care coverage that includes mental health care comparable to other health care benefits.
Such benefits are particularly helpful to adult survivors of child sexual abuse.
Ensure that health care plans do not discriminate against victims of sexual assault or domestic violence.
Provide assistance to victims of sexual harassment, sexual assault, dating and domestic violence, and stalking through an employee assistance program.
Provide flexibility and support for employees with special childcare needs as a result of their victimization.
Provide victims with emergency financial and legal assistance. Offer them relocation options, when appropriate. Extend access to support programs to part-time employees.
Identify community resources that may offer the support and assistance needed by employees of small businesses that are unable to provide these benefits. Publicize that such resources exist.
Reduce the risk of workplace assaults.
Develop plans in collaboration with survivors of sexual assault, domestic violence, and stalking to address immediate safety issues if the perpetrator is also a coworker of the survivor.
Implement safety measures, such as escorts or emergency telephones, and provide adequate security at entrances and exits (e.g., denial of admission to perpetrators).
Supply sufficient lighting in areas used by employees.
Provide appropriate workplace safety training to employees, particularly security and reception personnel.
Furnish at-risk employees who are in the field or located in isolated worksites with cellular phones or security alarms.
Work closely with employees threatened by an abuser or stalker to develop personal safety plans.
Consult victims concerning their wants and needs.
Offer to transfer victims to different offices or worksites whenever feasible. Ensure that victims are not unfairly transferred in lieu of the perpetrator when the abuser is also a coworker of the victim.
Vary or revise a victim's work schedule, change her telephone extension or e-mail address, and offer to assist her in monitoring or documenting harassing telephone calls, faxes, and e-mails.
Ensure that victims who take a reasonable period of leave will still have job security.
Suspend disciplinary actions against employees whose productivity or attendance has deteriorated due to their victimization.
Help victims obtain services provided by law enforcement, legal aid, domestic violence shelters, and rape crisis centers.
Permit victims to exercise flexible work schedules and leave policies so they can participate in the criminal justice process and recover from trauma.
Protect both clients and employees against assault, particularly in workplace settings dealing with vulnerable populations, such as health care facilities, mental health care institutions, nursing homes, schools, and prisons.
Encourage and reward behavior that contributes to a safe and supportive workplace.
Reward supervisors and managers who support the well-being of employees. Do not tolerate the use of abusive or coercive tactics in management techniques.
Collaborate with community-based organizations to assist employees who have
experienced sexual assault, domestic violence, and stalking.
Offer company resources, skills, and volunteers to sexual assault and domestic violence service agencies in exchange for expertise and information about community resources.
Establish relationships with community-based service providers to facilitate timely and appropriate referrals of victims to support networks.
Collaborate with other businesses to encourage local, state, and national policymakers to support legislation that promotes victim safety & offender accountability.
Develop partnerships with small businesses, trade associations, and local chambers of commerce to exchange information on workplace policies that address violence against women. Use conferences, newsletters, and Web sites to promote workplace policies and strategies.
Conduct joint training and education programs that address violence against women.
Work with researchers and victim advocates to develop appropriate tools for measuring the effectiveness of workplace programs, policies, and services. Devise and implement effective intervention strategies in collaboration with relevant government agencies and community-based victim advocacy organizations.
Initiate appropriate disciplinary and legal action if perpetrators use workplace communication vehicles such as e-mail, the Internet, a fax machine, or telephone to threaten, harass, or harm an employee.
Hold perpetrators accountable by requiring that they fully participate in sex offender or batterer intervention programs and comply with any and all conditions of probation in conjunction with misdemeanor level offenses as a condition of continued employment.
Adopt policies that make employees found guilty of acts of violence subject to disciplinary action. Notify all employees that such a policy has been implemented.
Encourage workplaces to develop policies and strategies that respond to violence against women in the workplace, particularly small and midsize businesses, and support them.
Create structures within workplaces and labor unions that enable women to safely and confidentially report victimization and seek assistance and intervention.
Publicize stories of employers and unions that have effectively addressed violence against women, using mainstream media and professional publications to support replication of such efforts.
Develop brief user-friendly materials about violence against women, and share them with other workplaces.
Provide specific assistance to businesses that employ young women, because young women are statistically at greatest risk for sexual assault, dating and domestic violence, and stalking.
Encourage chambers of commerce, state and national labor organizations, and other professional associations to develop materials in conjunction with local violence programs and coalitions about responding to sexual assault and domestic violence. Distribute such materials to the membership of each organization and through other companies and unions.
Support business magazines that recognize employers for their family-friendly workplace policies and programs. Ensure that a criterion for recognition be how employers address sexual assault, dating and domestic violence, and stalking.
What Sexual Assault and Domestic Violence Service Providers Can Do
Increase the staff's knowledge about and capability to address the effect that sexual assault and domestic violence have on women's economic security and professional life while ensuring survivor confidentiality.
Include questions in the intake processes that assess the effect of sexual harassment, sexual assault, and domestic violence on a victim's current job, work history, and career to help advocates work more effectively with employers.
Support research on the impact of sexual assault and domestic violence on a survivor's job, work history, and education.
Teach employers and unions about ending violence against women.
Use various points of contact, including union stewards and employees who handle equal employment opportunities, occupational safety and health, benefits and compensation, and short-term disability and insurance coverage.
Display posters, brochures, and informational flyers about sexual harassment, sexual assault, dating and domestic violence, and stalking and local services.
Work with businesses, unions, and employment experts to teach sexual assault and domestic violence service providers about the employment rights of survivors.
Include information on how to assist survivors in keeping jobs, accessing benefits, and taking advantage of legal rights regarding employment.
Develop training programs with local businesses, unions, and public and private funders that specifically assist employees whose job-seeking abilities have been affected because they are victims of sexual harassment, sexual assault, dating or domestic violence, or stalking.
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