Types Of Sexual Harassment: Quid Pro Quo And Hostile Environment

Abstract

This paper explores the two types of sexual harassment; quid pro quo and hostile environment. Results from research conducted online and offline show the need for increased awareness and training pertaining to sexual harassment. Like any other organization, the United States Navy has a program in place to raise awareness for sexual harassment. The sexual harassment prevention and response program (SAPR) doesn’t cure the problem of sexual harassment but the awareness does increase the opportunity for sailors to recognize and report any such actions if necessary. This paper examines the research conducted in identifying the two types of sexual harassment, the Navy’s policy on sexual harassment, and recommendations for leadership.

Keywords:

sexual harassment prevention and response program

Sexual Harassment – The Two Types

Sexual harassment is an inappropriate action that men and women suffer every day. As leaders we need to know the differences between the two types, recognize the signs, and handle each case with extreme sensitivity. When you hear or think of sexual harassment most times rape is the first thing that comes to mind. Sexual harassment falls under a big umbrella. However, this paper will examine that umbrella and break it down into two types; quid pro quo and hostile environment.

Sexual Harassment

Sexual harassment is any behavior that is unwanted, unsolicited, and nonreciprocal, when it asserts a person’s sex role over her or his function as a worker, or when it creates n environment that seems hostile to the employer (Carr-Ruffino, 2015. P. 214). It doesn’t have to of sexual nature. For example, making remarks about a woman’s appearance can constitute sexual harassment. Sexual Harassment plays no favors, men and women can be both victim and the accuser. The harasser can be the victim’s supervisor or co-worker (EEOC 2018).

Sexual harassment can lead to sexual assault if corrective action isn’t taken. Sexual assault can be any unwanted and/or nonconsensual sexual act. This can include touching another person on the outside of their clothes or rape. Sexual harassment can be a Segway to sexual assault. See table 1 for statistics on sexual assault in the United States. The Navy views sexual harassment as an act against the core values of Honor, Courage, and Commitment. Additionally, the results of sexual harassment can obstruct mission readiness, accomplishments and trust in all ranks. Defense Secretary James Mattis said that prevention is our moral duty (Ferdinando 2018). To prevent sexual harassment and assaults from occurring we first need to understand the two types of sexual harassment; quid pro quo and hostile environment.

Quid Pro Quo. Quid pro quo or something for something is exactly what it sounds like. Individuals with authority tend to abuse their power. For example, when a manager says they will give a female employee a promotion with sexual favors. For victims of this type of harassment to file a claim they must be able to prove to a jury (FindLaw):

1. The plaintiff was an employee at said company.
2. The harasser at the said company was making unwanted sexual advances either verbally or physically.
3. Specific benefits are habituated either verbally or physically. Or decisions made by the plaintiff were made in fear of acceptance or rejection.
4. The accused was a supervisor at said company.
5. The plaintiff was harmed by the conduct.
6. The harasser’s behavior was a factor in the plaintiff’s harm.

For those taking legal actions towards their employer, they can receive lost wages, benefits, and opportunities lost. In order to receive justice in this type of case, the plaintiff must first file a complaint with the state and federal labor agency.

Adversely, quid pro quo can be the quite opposite of receiving raises or special favors for sexual favors. For example, victims can receive unfavorable evaluations, termination, demotion, and terrible work shifts. According to UPCouncel, a female employee at AT&T experienced just that. Her supervisor tried playing the poor me card and the company’s restructuring to offer her any job she wanted “If she played her cards right”. He touched her inappropriately, she refused, he got upset and took away all her responsibilities. She took a leave of absence and upon her return, she was demoted. She did the right thing by talking to management. However, nothing was done so she filed a claim and won

Hostile Environment. A hostile environment is a workplace where sexuality is discussed, displayed, or used in a way that poisons the workplace for one or more employees (Carr-Ruffino, 2015. P. 214). Additionally, this can prevent members of the organization from functioning to their full capacity, free of unlawful discrimination, harassment, and sexual harassment (Burke, 2017 P.B-2). Normally when a person makes comments about sexuality a braver person steps up to stop this type of behavior from happening. Only when this type of behavior keeps occurring does it become harassment. The difference between quid pro quo and a hostile environment is hostile environment doesn’t interfere with the persons benefits such as promotions and wages.

Another form of hostile environment harassment is the boss-subordinate romance or favoritism. Here we have the boss sleeping with his/her employee granting them special favors. For example, travel arrangements with the boss when other employees are more qualified or deserving, promotions, and excellent evaluations. This might seem harmless to the employee but it is the other employees that suffer the consequences. That is unless the “favorite” employee breaks off the relationship with the boss and then receives adverse benefits and evaluations.

US Navy Policy.

As we have learned, sexual harassment doesn’t discriminate and therefore goes against any and all organizations principles in keeping and maintaining a diverse workforce. The US Navy is no different in civilian organizations. They have a strict policy on sexual harassment. Their sexual harassment policy falls under their Navy Equal Opportunity Program Manual (OPNAVINST 5354.1G, 24 Jul 2017). Each division/command in the Navy has a command managed equal opportunity program (CMEO). The objective of the CMEO program is to promote an environment free from personal, social, or institutional barriers that prevent Service members from rising to the highest level of responsibility possible (OPNAVINST 5354.1G, 24 Jul 2017). Each CMEO team is to examine and determine each sexual harassment case. As an organization, the Navy has a zero-tolerance policy with several instances ranging from drug use to sexual harassment and discrimination. These acts go against the core values of Honor, Courage, and Commitment. Those members who go against policies in place can be subjected to administrative and disciplinary actions. There are two ways service members can submit grievances; formally and informally. Please note, any members who file a grievance of informal, formal, or anonymous report process will be free from discrimination or retaliation Below are the filing procedures for victims who experienced or think they have experienced sexual harassment.

Procedures for submitting, handling, and resolving informal harassment and unlawful discrimination reports.

The informal resolution is used when the victim wants to use the chain of command (CoC) to resolve the issue effectively and efficiently. Here the victim notifies their immediate chain of command starting either in writing of verbally. The immediate CoC is either their Leading Petty Officer (LPO), Leading Chief Petty Officer (LCPO), Division Officer (Divo) and their Department Head (DH). After the CoC is notified of the members intentions the CMEO ensures that the proper documentation is conducted. When the CoC is notified the timeline for resolution is 14 days. Forty-five days preceding the resolution, the CMEO will conduct a follow-up with the complainant. This follow-up is used to see if there was any further retaliation towards the complainant. Once everything is closed the CMEO will document all information in the NAVPERS 5354/2. The same form used to document everything with the investigation. All informal reports must be maintained by the CMEO program for up to three years. After three years the CMEO can destroy all documents.

Procedures for submitting, handling, appealing, and reporting formal harassment and unlawful discrimination reports.

There are three ways to file a formal report. Here the complainant can file either the same way as an informal report, file against a superior, or file a report against the commanding officer. The difference between formal and informal reports in aspects of NAVPERS 5354/2 is the option of accessing other functions. In a formal report, the CMEO has access to filling in the formal report processing/command actions and formal report follow-up options. In regards to filing a report against the superior, the member can file a grievance against a superior and does not wish to use the EO/SH report form, they may file a grievance under NAVREGS article 1150, Redress of Wrong Committed by a Superior. To file a grievance under NAVREGS article 1150, the individual should obtain counsel with a lawyer at a local Naval Legal Services Office (NLSO) (OPNAVINST 5354.1G, 24 Jul 2017). Additionally, when filing a grievance against the commanding officer, the complainant has the same options as they did when filing a report against their superior but they also have the option of filing under UCMJ Article 138. This process will undergo a formal court proceeding in a military manner. Please note that if more than one member is involved separated reports are filed.

The process of this type of reporting take longer. Once filed the report must be resolved within 60 days. If an appeal is filed it must be done within 30 days of the final filed report. Once the appeal is file all members shall be notified within seven days.

Recommendations

Sexual harassment is a poison in every organization. As a manager, we need to recognize these poisons and try to get ahead of them before they erode the organization. My recommendation to seizing these poisons is through training and informing the members of the organization the reporting procedures.

Training.

The US Navy conducts training quarterly on sexual harassment. The training consists of Navy policies, command policies and reporting procedures. This type of training assists them in getting to the left of the problem. According to FindLaw, creating a clear and concise policy, training your employees about sexual harassment, monitoring the workplace, encouraging employees to come forward, take all complaints seriously and investigate all complaints are the key. Creating a clear, concise sexual harassment policy ensures that sexual harassment is not tolerated, and explains the consequences. Training employees about sexual harassment is also recommended as it focuses on common situations that some employees might not consider to be sexual harassment, but are (FindLaw). Monitoring the workplace allows employers to ask employees about their working environment to ensure it stays harassment free. Encouragement for all employees to come forward proves that the employees trust the employer to do the right thing. Taking complaints seriously and investigating each complaint build on the organization’s trust. If there is a legitimate case, then conducting the right procedure(s) will assist each party involved with resolving and holding those accountable.

Reporting procedures.

I would recommend for organizations to adopt the reporting procedures as the US Navy. Additionally, each organization should recognize individuals within their organization to be their CMEO managers. Each manager should hold the position for no longer than a couple of years at a time. This allows others within the organization to grow professionally.

Conclusion

According to the Department of Defense, the report for fiscal 2017 says the department received 6,769 reports of sexual assault involving service members as either victims or subjects of criminal investigation, a 9.7 percent increase over the 6,172 reports made in fiscal 2016 (DoD). These numbers for sexual harassment/assaults are high in the US Navy; not because they cannot get to the left of the problem but because of the continued training. The training is proving that more sailors are becoming more aware of the policies and reporting procedures.

Sexual harassment is poisonous and detrimental to every organization. We discussed the two types of sexual harassment and how harassment can lead to potential assault. With proper training about sexual harassment and reporting procedures all organizations will notice a healthy workplace environment. It takes courage for anybody to recognize sexual harassment and to stand up against those committing the act (knowingly or not). It is up to managers to encourage policies, procedures, and training. Additionally, managers of all ranks need to know the policies and hold those accountable for their actions.

References

1. Burke, R. P. (2017, July 24). NAVY SEXUAL HARASSMENT PREVENTION AND RESPONSE PROGRAM MANUAL [PDF]. Washington DC: OFFICE OF THE CHIEF OF NAVAL OPERATIONS. OPNAVINST 5300.13
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3. Command Managed Equal Opportunity Program. (n.d.). Retrieved July 3, 2018, from http://www.public.navy.mil/bupers-npc/support/21st_century_sailor/equal_opportunity/pages/cmeos.aspx
4. Ferdinando, L. (2018, May 01). DoD Releases Annual Report on Sexual Assault in Military. Retrieved August 1, 2018, from https://www.defense.gov/News/Article/Article/1508127/dod-releases-annual-report-on-sexual-assault-in-military/
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9. United States, Department of Defense, Sexual Assault Prevention and Response Office. (n.d.). Appendix F: Sexual Harassment Data. Retrieved August 1, 2018, from http://www.sapr.mil/public/docs/reports/FY17_Annual/Appendix_F_Sexual_Harassment_Data.pdf
10. United States, Department of Defense, Sexual Assault Prevention and Response Office. (n.d.). Appendix B: Statistical Data on Sexual Assault. Retrieved August 1, 2018, from http://www.sapr.mil/public/docs/reports/FY17_Annual/Appendix_B_Statistical_Data_on_Sexual_Assault.pdf
11. What is Quid Pro Quo Harassment? (n.d.). Retrieved July 13, 2018, from https://employment.findlaw.com/employment-discrimination/what-is-quid-pro-quo-harassment.html