Speak Up! Blog

August 14, 2009

Quid Pro Quo Harassment: Some of the saddest stories

Filed under: General issues, Sexual Harassment Law — Jennifer @ 5:15 pm

Quid Pro Quo Harassment is “something for something” abuse. This occurs when a job or educational benefit is directly tied to a subordinate or coworker submitting to unwelcome sexual advances. An harasser may ask for sex in exchange for a promotion, or a plum assignment, or necessary/extra work resources. In it’s most extreme, the harasser demands the victim provide sex to keep their job, or for some kind of help or access to a resource that is needed for the victim to do her/his job or to advance at school. (If they can’t do their work, they will get fired or have to drop out of school programs, etc.)

Its been argued that Quid Pro Quo can be unintentionally implied if the harasser is in a postition of power over the other person. In these situations, the target may feel they have to give into the attentions of an harasser even if there was no stated threat of retaliation if they refused. The target gives in out of fear of what will happen if they don’t. For example, they give in because they believe they will be fired if they don’t, or failed from a course, etc. I’ve heard this point-of-view many times, and it’s one of the reasons many experts argue that there is no such thing as a consensual sexual relationship between a superior and a subordinate.

Quid Pro Quo harassment can also occur in the aftermath of sexual relationships in the workplace or at school (consensual or not is arguable) when one person does not want the relationship to end. The harasser may try to keep things going by threatening the other with promises to terminate them or to sabotage their ability to do their work (again, usually by withholding needed resources). Or, the harasser may just start retaliating until the victim gives in and starts to have sex with them again. I have heard of several stories where the harasser threatened to file criminal charges of theft/embezzlement against the victim who had been given personal use of a credit card, or other monetary assistance, while the sexual relationship was still going on. (Of course, there would be no charges pressed if the employee consented to providing sex again to her employer.)

This woman’s story is an example of where the threat of firing was implied after she had missed work recovering from a neck injury. Another example is Cindy’s story whose boss wanted sex in exchange for transportation to her job. When I was first defining my own sexual harassment experience (by professors), one of the first students I talked to about it told me about when her biology professor asked for sex in exchange for higher grade on an exam. Pam’s story describes how her teacher wanted to work out a “deal” when she failed a make-up exam. I suspect the most recent story I published (John’s story) also has elements of Quid Pro Quo harassment–and yes, by another professor. Humiliated shared a story of harassment by a police officer who told her he would help her fight a ticket if she went out to dinner with him.

Lindsay’s story shows how someone can give into a bosses demands for sex out of fear even if there was no threat of retaliation if she refused.

Quid Pro Quo can be one of the most damaging forms of exploitation because it makes the victim feel complicit in their abuse. We hear from them here at SHS, but they are often the quietest voices because they are so wracked with guilt and shame at what they believe they allowed themselves to be drawn into. They rarely publish their stories, usually burying their experiences in comments to others, or sharing only at the closed support group. In a culture that gives little support to harassment victims, these get the least because so many people blame them for giving in, just as they blame themselves. A woman who posted a comment the other day shared an amazing story, but she won’t formally publish it because her family is too devastated by what her boss has put her through.

I know that the economy will make this problem much worse. As people are hanging onto their jobs for dear life, many people will be locked into harassment situations–many of them Quid Pro Quo–because there will be so few options for them if they leave. If the only options are providing sex vs. not being able to pay your bills and put food on the table, well, we all know the choices some will be forced to make.

I shudder at the thought of what may be going on right now as I type this.

March 15, 2009

People still don’t get it: the definition of sexual harassment

Filed under: General issues, Sexual Harassment Law — Jennifer @ 2:28 am

I got two of them today–emails and story submissions crying out for help with sexual harassment that isn’t sexual harassment. I got one from a man and one from a woman.

People still don’t get it at all.

A big part of the problem seems to stem from the fact that sexual harassment is defined as being a form of gender discrimination, or specifically “discrimination based on sex.”

And truthfully, sexual harassment “training” isn’t really helping much. Everyone I know who has attended one of those seminars said that all the attendees laugh and snicker throughout. These sessions don’t seem to be teaching people what the problem really is about and why it is so serious.

Sexual harassment laws were originally written to protect women from a particular method of discrimination as they were increasingly integrating into the workforce. Sexual harassment became a form of backlash against them by men who were angry at having to compete with women in the workplace. Many men did NOT want them there and lashed out in ways that were meant to drive the women down and out. They used sexually degrading treatment and sexualized environments to do this. (The Jenson vs. Eveleth Mines case is a good example of how this worked.) Sadly, this is still a very common problem.

Also, the laws were meant to protect subordinate women from being sexually exploited by their male superiors, for example, making it illegal for a supervisor to require an employee to date him or have sex with him to keep her job. It is scary how common this STILL is, too.

These laws have been expanded to (supposedly) protect students from the same types of harassment and exploitation from peers and school employees, such as teachers and coaches. Moreover, Oncale vs. Sundowner extended the laws to protect men from the same abuses.

Jump forward a few decades to today, and you will find that many have misinterpreted the laws and their purpose to the extent that they are screaming “Sexual harassment!!” the minute someone uses language they find offensive, brushes against them at the water cooler, or has trouble getting along with an opposite-gender colleague. If a problem contains the tiniest whiff of sex or gender, it’s being labeled sexual harassment.

I put part of the blame on the poorly executed training seminars that focus on the symptoms and not the larger problem of how SH is a form of discrimination.

Plus, we are so focused on sex in our society, the discussion is getting skewed in this direction, when the larger problem remains GENDER DISCRIMINATION on the whole.

Here is the definition of sexual harassment. This definition is from the SHS main site home page, and is adapted from the EEOC definition, which is the U.S. government definition. (When I say “adapted,” this means it was made a bit more comprehensive in it’s description for clarity, though clearly not enough.)

Sexual harassment is unwanted and unwelcome behavior, or attention, of a sexual nature that interferes with your life. Sexual advances, forced sexual activity, statements about sexual orientation or sexuality, requests for sexual favors, and other verbal or physical conduct of a sexual nature all constitute sexual harassment. The behavior may be direct or implied. Sexual harassment can affect an individual’s work or school performance, and can create an intimidating, hostile, or offensive environment.

Sexual harassment can occur in a number of ways, such as:

* The victim as well as the harasser can be either male, or female. The harasser does not have to be of the opposite sex.
* The harasser can be anyone: the victim’s supervisor, a client, a co-worker, a teacher or professor, a schoolmate, a stranger, even a family member.
* The harasser’s behavior must be unwelcome.
* The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.
* While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful.
* The harasser may be completely unaware that their behavior is offensive or constitutes sexual harassment, or they may be completely unaware that their actions could be unlawful.

Here are two scenarios that better describe the confusion that many seem to be having:

–A woman is denied a job as a carpenter because the crew boss believes a woman cannot do that job as well as a man.
–A woman is denied a job because she refuses to have sex with the manager doing the hiring.

A lot of people think both are sexual harassment. Only the second one is sexual harassment. Both are forms of gender discrimination.

Here are two more scenarios:

–A man works on an otherwise all female nursing crew at a hospital. He is frequently subjected to pinching, spanks, and remarks about his physique.

–A male nurse is frequently subjected to comments from his female coworkers about how men make inferior nurses. The team leader has stated she only hires male nurses for help with the more physical nursing duties, such as lifting and moving patients.

Only the first describes sexual harassment. Both describe discrimination.

Also, a consensual sexual relationship is not sexual harassment. Affairs can go sour, and what was pleasurable in the beginning can be mistakenly labeled “sexual harassment” by either party if they are angry after the relationship breaks up, or the break up is one sided. Legally, a consensual relationship is SH only if it was stated or implied something bad would happen to you if you didn’t comply with the sexual demands of the other person, such as being told you would be fired, or given an “F.” However, many have argued that there is no such thing as a “consensual relationship” between two people where one of them has a considerable amount of power over the other, such as in a relationship between a subordinate and a supervisor, or between a teacher and student. Truthfully, many have given into the sexual demands of an employer or teacher, without any coercion, because they believed they had no other choice.

Even as I work every day at SHS as a way of bringing some kind of meaning to my own harassment experience and the aftermath, I am concerned about how the discussion on sexual harassment is pushing aside the larger problem of gender discrimination and violence which are at the root of true sexual harassment in the first place. I think our preoccupation with sex in our society is causing us to narrow our view of the problem of gender discrimination, particularly discrimination against women. Sex is just sexier, and sells better, and stories about SH make better sound bytes than stories about gender discrimination, which remains a huge problem.

I think if people had a more comprehensive understanding of the issues, there would be less confusion about exactly what constitutes SH, and maybe a lessening of the problem as a whole. In an age where a sent email containing a racist joke will get the sender fired no matter how high up in the hierarchy he is perched, we continue to not only tolerate, but often encourage, the most degrading and sexist attitudes and behaviors towards women. This is happening not only in the workplace, but in the home, and in schools, and rarely does anything happen to the perpetrators.

February 6, 2007

Stalking as a by-product of sexual harassment law

Filed under: General issues, Sexual Harassment Law, Stalking — Jennifer @ 6:32 pm

The increase in stalking cases a result of determined sexual harassers looking for alternative methods to target victims

When it comes to sexual harassment, there is a vast range of behavior.  Much of it will not justify (or win) any lawsuits, but this doesn’t change the nature of what it is.  And quite  a few experts have described categories of harassers, and types of harassment, to help make some sense out of the confusion that most people feel about the issue.

Still, I tend to categorize most harassers into two main groups–real harassers, and situational/immature harassers.  The latter are people who are harassing out of ignorance, immaturity, or because they are going through their own life traumas.  They aren’t really evil, or exploitative, just under stress (medical or personal) or are acting out of ignorance.  They take responsibility for their actions or, at least, if given some education, they stop harassing. 

Real harassers are abusers or predators who are out to exploit, and care only about their own needs and agendas.  A real harasser is someone who will continue to try to harass or predate despite sexual harassment law, and even after being given education about the seriousness of their actions, or the effects of their actions.  In most cases, they will simply blame the victim.  They rarely take responsibility themselves.  They will just change their tactics so that they can continue to harass and exploit in such a way that the victim/s, or the law, can’t do anything about it.

One method for real harassers is stalking.  Most forms of stalking are forms of sexual harassment because they are attempts to force a relationship with someone who is unwilling or unavailable.  Stalking is the extreme, but covert, version of refusing to take ”No,” or “Leave me alone!” for an answer–you know, behaviors that were the catalysts for sexual harassment law.  

Stalking has always been a problem, but experts will tell you that it is clearly on the rise. 

I think the increase in stalking is partially a result of sexual harassment law, and real sexual harassers looking for ways to target their victims without fear of consequence for their actions.  Because it is covert, it helps them get around sexual harassment law.  It enables them to harass anonymously, and to more easily mask their motives and intentions.  It also makes gathering evidence next to impossible for the victim, and without concrete evidence, there is no hope for them to even get an investigation. 

 On top of this, it makes the victim look paranoid, if not crazy, if they should report the problem to anyone. 

In it’s most subtle forms (i.e. surveillance, sending anonymous “love” mail/emails, hang-up phone calls), stalking can be like a chinese water torture.  However, most stalking methods are more extreme, invasive, and destructive. (Breaking and entering, phone tapping, computer hacking, character defamation and slander, obscene mail or phone calls, etc.)  Some stalkers will try to organize groups of people to assist them in their harassment campaign–called gang stalking or organized stalking.  They usually seek out people in their victim’s community, utilizing the victim’s ”real world” community and/or Internet communities.  In fact, stalkers often work to take control of, or destroy, a victim’s support network, resources, and options.  This leaves the victim vulnerable, or even dependant on the stalker for survival, at least in the mind of the stalker. 

Being stalked is NOT flattering–it is a form of psychological abuse and violence, just as most sexual harassment is a form of psychological abuse and violence.  And while stalking motives are usually sexual (or love obsessional), the stalking behaviors themselves may not be–that is another way real harassers can use it to get around sexual harassment law.  (For example, watching someone over an extended period of time isn’t overtly sexual, at least not in of itself.) 

Moreover, the psychological damage to the victim can be devastating.  One expert writes, ”Stalking is a form of mental assault, in which the perpetrator repeatedly, unwantedly, and disruptively breaks into the life-world of the victim, with whom he (or she) has no relationship (or no longer has)….Moreover, the separated acts that make up the intrusion cannot by themselves cause the mental abuse, but do taken together (cumulative effect).” (Rokkers)  

To most stalking victims, being stalked is like being put through a long, slow rape.  For gang stalking victims, it’s like a gang rape.  (The very insightful judge in the Christina Orozco case referred to her actions as akin to “murder.”) 

And being stalked can be very frightening, regardless of whether or not the stalker’s activities are overtly violent.  Physical attacks, even murders, can occur after long periods of ”more passive” stalking activities.  Often, the violence is precipitated by the stalker’s being forced to face they have been rejected by their target.  Besides suffering the psychological damage, and damage to life, reputation, relationships, and options, most stalking victims live in fear that something will push their stalkers over the edge to physical violence.

Unfortunately, if a state or country recognizes stalking at all, this is mostly in the context of direct/overt violence, or clearly escalating violence.  So, if a stalker avoids overtly violent acts, they can pretty much do as they please.   In other words, if the stalker does not threaten or attack, a stalking victim is out of luck.  They will not even be able to get a restraining order. 

This all makes stalking a pretty good method for frustrated real sexual harassers who are denied their “outlets” because of sexual harassment law.  As long as they use stalking to disguise their motives, activities, and/or their identities, they are free from worry about being held accountable by sexual harassment law.  And as long as they keep their stalking activities from being/seeming overtly violent, they will suffer no consequence from stalking law.  Even better (for them), they can operate for as long as they wish.     

And there is nothing the victim can do about it.  (Suicides have been reported as victims use this as the only means they have to bringing an end to the harassment.)  

It also makes stalking a good retaliation tactic for harassers who have been disciplined (i.e. been demoted, lost job) as many are using this as a way of getting revenge against an harassment target who filed a grievance against them–retaliation laws do not include stalking, either. 

In my own situation, I took a course from the female professor who turned out to be a lesbian who quickly became interested in me.  (That I’m not a lesbian didn’t deter her as she became obsessed with getting me to “try it” with her.)  She began by making a pass, which she clearly saw right off the bat was a mistake, particularly since she did it in front of witnesses.  But like most real harassers, she was not willing to give up.  She simply revised her methods and began stalking me with an extraordinary determination.  It is still amazing to me how far she went, and the depth and breadth or her obsession. 

She used classic stalking tactics, such as surveillance and character defamation, the latter enabling her to destroy not only my reputation, but all my relationships and options, both personal and professional.  She used cyberstalking extensively in her pursuit and surveillance, using this to watch me and try to interact with me at numerous Internet forums.  She even organized groups of people to assist her (gang stalking), enlisting people not only in my “real world” but also in Internet communities I frequented, or she thought I might join.  Because she was a department chair and a psychologist, no one questioned her character or motives.

Still, by using stalking and cyberstalking rather than “traditional” methods of sexual harassment, she has enough protection that I will probably never be able to do anything to stop her, let alone get any relief or reparation.  Like most schools when it comes to harassment of students by teachers, the university is doing nothing despite my repeated complaints about her behavior–and yes, they know she has been stalking me.  The did send her on a very brief–probably paid–leave of absence, during which she cyberstalked me the entire time.  And despite the extensive damage to me and my life, it seems her only punishment is that she is no longer department chair.  She is still teaching (scary) and still stalking. 

It seems the University of St. Thomas doesn’t care much about the character of those in charge of mentoring their students–this is a role model???? 

Even worse, the Department of Education (DOE) has flat-out refused to investigate because they do not recognize stalking as a form of abuse or discrimination like they do sexual harassment, and they would not accept that stalking IS a form of sexual harassment.  Moreover, they refused to spend even a minute to educate themselves about stalking and how stalkers operate–which would have proven it is a form of sexual harassment AND retaliation–even though I gave them the contact information of an expert at the National Center for the Victims of Crime who had volunteered to consult with them about it. 

The DOE people also basically accused me of making the whole thing up.

And, of course, since this very sick professor has not done anything overtly violent, I’m out of luck in getting any kind of restraining order which she would probably ignore, anyway. 

Current stalking laws are woefully inadequate, and don’t even begin to confront the problem, let alone deal with it.  But even if the laws are revised to protect victims from the psychological violence of stalking, real harassers will simply find other ways to abuse.  Any stumbling block placed before them, they will get around.  It is a game to them.  It is in their nature.  

For more information about stalking, see:

Stalking and Types of Stalkers

To read true true stories of stalking and the effects, see also the Stalking category at our Stories and Experiences site

 

October 16, 2006

Revisiting “North Country”

Filed under: Effects of Sexual Harassment, Sexual Harassment Law — Jennifer @ 1:38 am

North Country

As this is the inaugural post of the new blog, (grin), it seemed most fitting to open things up with some comments about North Country, since many people are still somewhat abuzz about this since it opened last fall. I first saw the film during its opening weekend, but couldn’t really cough up anything particularly insightful about it at the time because the entire film left me so, well choked up. But it’s been close to a year now, and since the DVD release, and several more viewings, the story is a lot less triggering, even if it is still so very close to home.

I first heard about the movie when someone from the Warner Brothers publicity department contacted me about using the SHS site to help promote the movie. Many promises of items, posters, and free passes were dangled as incentives—“how about if we hold a poster drawing for all the SHS members!!!–none of which were ever delivered, but this was never a motivation for writing an article about the case, anyway. I’d heard about Jenson v. Eveleth Taconite Co. from a National Public Radio spot they did on the book which the movie is “inspired” by, “Class Action: The Case That Changed Sexual Harassment Law.” The book, which was a real page-turner, along with a number of articles and interviews provided much good information for the article, and I’ll always be grateful for being given the incentive to learn about these remarkable women who sacrificed so much to make things better for other workers.

This is probably my only qualm with the film. As bad as things were depicted in the movie, the reality was much, much worse, and went on for a lot longer. It doesn’t really show the severity of the harassment, or how long the women endured it.  (And they leave out completely that Lois was stalked by one of her supervisors.) Nor does it show the true extent of the brutal treatment of the plaintiffs that went on in the courtrooms. From the time of her initial complaints filed with the Minnesota Human Rights Department, to the final decision by the 8th Circuit Court of Appeals, 14 years had passed. Plus, the Hollywoody-happy-ending is a very misleading as the lives of the women involved was irreparably changed for the worse, even though they won the case. Several of them, Lois Jenson included, were so damaged by post-traumatic stress disorder that they never worked again. The settlement was very modest. No one got “rich,” and strained relationships were not rosy, as the last scenes in the movie try to imply. (Although, Lois Jenson was signed to the “speakers circuit” this past year, so hopefully things are looking up for her.)

Ok, so much for my rant on filmmakers’ needs to sift the truth so that it fits into a 100-minute time frame, with an uplifting boost at the end.

That is was the first class action sexual harassment case is landmark because this had never been done before. There have been a number of cases since. In 1998, Mitsubishi’s agreement to pay $34 million is the biggest sexual-harassment settlement ever obtained by the U.S. government. Other cases have also followed J v. E: Long Prairie Meat-Packing (1st male-on-male class action) Astra USA, First Asset Management, General Motors, etc.

However, Jenson v. Eveleth Taconite Co. was also important in several other ways (which the movie’s sifting did not allow to be highlighted.) One of which involves the “discovery process” in litigation. This process is the pre-trial phase in a lawsuit during which each party can request documents and other evidence from other parties, or produce evidence by using a subpoena or through other discovery devices, such as requests for production and depositions During Jenson v. Eveleth, the plaintiffs suffered grueling depositions that “explored” their personal and sexual lives in such a way that one woman compared to a “rape. This was a common practice in sexual harassment cases, and still is to a certain degree—hence the popularity of the “nuts and sluts” approach by defendant’s lawyers. But the 8th Circuit Court’s decision strongly criticized the tactics of Eveleth’s lawyers, and this criticism has set a precedent that limits such tactics in subsequent suits. Still, this does not always affect the behavior of those who want to discredit a victim—companies or individuals may try to gain as much negative information about a complainant that they can as part of retaliation or backlash, despite what the law says. (If they can’t find it, they may try to manufacture it.) But thankfully, there are now some constraints within the court system.

Another important precedent was the court’s acknowledging that the treatment of sexual harassment plaintiffs during the litigation process can, in of itself, cause psychological damage and that this should be factored into damages awards if they win a suit.

I really don’t know how many times I’ve seen North Country now, or the documentary in the “Special Features” section of the DVD. (Check this out to hear about the other women who were right alongside Jenson throughout.) It’s not an “artistic” work, full of layers to explore and uncover. It’s just a straightforward story, so multiple views reveal no new surprises. But it’s so much like my own sexual harassment experience that it’s become an exercise in strength just to get to the end. Frankly, since that first viewing the movie theatre, I don’t think I’ve been able to sit through the film in its entirety, not once. I seem to only be able to stop and start the DVD, watching in bits and pieces over a day or two. And I always skip over the rape scene. I’m not sure what getting through the whole thing in one sitting again will prove to me, but it will prove something. (One woman posted in the “Open Discussion” at SHSF that she would not have been able to get through the book if she didn’t already know the women won the case.)

In the meantime, when I start up the DVD again, I’m always working towards one point in the film. It’s the final courtroom scene when that pale, frightened girl becomes the first to join the case and to help make it a class action. There is something about the actor’s expression of disbelief as she stands up that really resonates for me. Even before she stands up, she so obviously cannot believe she is about to do it. I think that this tiny bit of film is hugely symbolic of why the women in the true-life story were so amazing. The actor’s expression in that scene may be the only hint in the film as to the enormity of the sacrifice the women made to see that things were better for the rest of us. They were not special women, they were very ordinary, and they felt scared and alone. But they took on this huge task anyway, not out of revenge or the desire for profit, but because it was the right thing to do.

May we all find the courage to “stand up” for others as these women did, at least to some degree. What a world this would be we could.

If anyone has an Mp3 of the title song, I’d sure appreciate a copy. (grin)

To read more stories of sexual harassment => CLICK HERE

 

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