Sexual Harassment on the Rise

As a new and younger workforce enters the USPS, it should be no surprise that sexual harassment is on the rise and is being directed at both male and female employees. Horror stories are being told around the country of supervisors, managers, or postmasters touching employees inappropriately, visiting employees’ homes, and threatening to fire employees if they do not submit to sexual advances.

According to the EEOC, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment typically occurs in three basic forms: verbal, non-verbal, and physical. When a manager or an employee discusses sexual activities; displays sexually suggestive pictures; touches, hugs or brushes up against another employee; massages an employee around the neck or shoulders; makes sexual comments about physical attributes; tells sexual jokes; asks personal sexual questions; spreads false sexual rumors, or touches or rubs himself or herself in a sexual manner in the presence of an employee, he or she may be charged with sexual harassment.

Sexual harassment can take place between an employer and employee, a worker and a co-worker, or employee and a customer. Only “unwelcome conduct” is considered sexual harassment. Consensual dating, joking, and touching do not constitute sexual harassment under the federal law.

‘Quid Pro Quo’ Harassment

“Quid pro quo” is a Latin term that means “this for that.” Quid pro quo sexual harassment occurs when an employee is promised some type of perk if he or she provides sexual favors or is threatened with monetary injury or other negative consequences if he or she refuses. The repercussion can mean being fired, passed over for a promotion, or transferred; it also can mean life on the job is made difficult.

What to Do

If you are offended by the conduct of a manager or another employee and it is of a sexual nature:

• Tell the harasser that his or her behavior is unwelcome. First, object verbally; if the offensive behavior doesn’t stop, write a letter to the harasser. Be specific about the behavior you find objectionable;
• Keep a diary at home of incidents, dates, times, places, behavior, what was said, and note any witnesses;
• Tell friends, family, and co-workers about the harassment;
• Talk to your shop steward. If he or she doesn’t resolve the problem, contact another local union officer, and
• Insist that the “proposed solution” does not adversely affect you. Insist that the harasser be the one who is inconvenienced or moved.

Sexual harassment violates Section 703 of Title VII of the Civil Rights Act and Article 2.1. of the Collective Bargaining Agreement between the USPS and the APWU. If the problem cannot be resolved, file a grievance against management to document that the Postal Service knew about the harassment and was given an opportunity to stop it, and file an EEO (Equal Employment Opportunity) complaint. If the alleged harasser’s behavior included assault and battery or rape, file criminal charges with the police and consult an attorney.

Stewards have a duty to make a good-faith effort to stop sexual harassment. Stewards should: Try to stop any harassment he or she observes; take all sexual harassment complaints seriously, and talk to the alleged harasser to resolve the complaint. If the complaint can’t be resolved, promptly file a grievance against management. (Management is responsible for providing a harassment free work environment.) If the harasser is a union member, utilize two stewards, (one to deal with each employee).

Remember that each of us has a responsibility to do our part to ensure that sexual harassment on the job is eliminated.