Spectrum of Sexual Misconduct at Work (Level One Revised)

As the Spectrum of Sexual Misconduct at Work (see in blog below) is meant to be a guide rather than a set of cut-and-dried categories, I’ve altered the label for level one.  The first level is now “Generally Not Offensive” as opposed to earlier drafts in which “Not Offensive” was used.

The change addresses the fact that personal comments, even when seemingly innocuous, if repeated often enough can cause discomfort and offense.

HR professionals and people in business using the SSMW have noted in discussion with me that comments about an individual’s looks or appearance can be somewhat risky. This was noted in the introduction to the spectrum, but still some clarification was needed so that level one would reflect this concern.  As one HR vice president with over 18 years experience shared with me, such personal comments can add up and over time become offensive.  Hence the alteration of level one to “Generally Not Offensive.”

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“Some People Say” Journalism Opens the Door to Duping Americans

In 2011, I published a Huffington Post blog about “some people say” journalism. That was long before the last U.S. presidential election, long before we knew about the extent of Russian meddling.  Yet, the ideas in that blog bear repeating.

In a sense, our acceptance of “some people say,” “some people think,” “it’s been said,” “many are asking,” and other empty phrases indicative of lazy journalism left us open to being manipulated. If we don’t question the sources of the information we receive and merely accept that our favorite sources are telling us the truth, we risk making faulty decisions and casting votes based on biased views in the guise of substantive ones.

We’re still letting the television news we watch use phrases like “some people say” as if the impact of such facile phrasing is negligible. It isn’t. “Some people” could be a journalist’s relatives or a couple of people met on the street.

On televised news today, expect to hear sentences beginning with “some people say” or “many people think” as a means of positioning a question for an interview or providing support for an opinion being advanced.  Without even realizing it, journalists who take this approach are weakening evidentiary standards — teaching young people that they can support their ideas simply by alluding to unidentified people.

It could be argued that this practice is to be expected.  After all, aren’t we supposed to assume that we’re being led by our noses by the owners of media giants, that journalism is no longer the honorable profession it was, and this is just more evidence of how far it has fallen? Isn’t it our responsibility as viewers to sift through the hype and huckstering to find shreds of objectivity?

Certainly, we are responsible for carefully considering the sources of what we read and view.  And yet, from decades of persuasion research, we know that people often process information without engaging in wariness or counterargument. We may be busy or distracted.  At least naming sources and/or providing a short reason for a line of questioning helps readers, viewers and listeners assess the credibility, intelligence, experience, and trustworthiness of sources.

How do we know the motives of “some” people? Who are they? Where do they come from? How many of them are there? Under what circumstances were their opinions obtained? Did anyone pay them? Do they even exist?

We’ve been duped often lately.  The Facebook debacle is a case in point. If people don’t expect to know the sources of what they read, hear and view, then protecting them from the devious among us often becomes an afterthought — that is until it is forced to the fore.

News outlets are overheated right now with attacks on Facebook. Yet, are they speaking of trust and responsibility to customers without holding themselves to high standards?  Hats off to journalists who stay away from “some people say” types of comments — who do their research.  It’s time to bring the rest of your colleagues along.  Otherwise, they’re a part of the problem, a part of making us easy targets.

 

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Workplace Deafness and Hostility — Foundations of Sexual Misconduct Complaints

The intensity of the MeToo movement came as a surprise to many people, especially men.  Yet, the study of sexual harassment in social science goes back a long way.  Also in the popular press.  In 1994, the cover story of the January 31 issue of Businessweek read “White, Male and Worried.” The article reported that men were worried about women competing with them for jobs resulting in a “white male backlash.”  In 1991, Susan Faludi had written about a backlash against the feminist gains of the 1970s.

In the 1990s, there was a growing fear that women might unfairly accuse men of sexual harassment or take offense at what many men saw as harmless humor.  The head of neurosurgery for a major research hospital exemplified this concern when he said to me, “We have no women in our department and we’re afraid to hire any.  We don’t want to have to deal with claims of harassment.”  He went on, “I’m very careful around female medical students.  No joking, no additional sessions, no personal attention.  It’s too risky.  I tell them what they need to know and that’s it.”

This attitude posed a dilemma for women:  Do I take steps to make men feel comfortable or risk being a threat?  How, for example, should a woman respond when a man interrupts her to announce, “You’re awfully cute when you’re angry?”  What should a woman say when a male colleague or boss asks how many men she slept with at the last company retreat?

During my research, coaching and training, women often told me that they didn’t know how much longer they could refrain from responding abrasively to such comments.  How many insults should they endure before giving back what they were getting?  Most had been advised to avoid confrontations.  “You catch more flies with honey,” they’d been told.

The same dilemma continues to exist. Even with the MeToo movement and the work of groups like Time’s Up and UltraViolet, working women, volunteer or paid, still struggle with what to do about gender- derogating comments and behaviors as women before them did.  Most of them don’t work in high-visibility organizations or for high-visibility bosses. They are not part of the revelations about sexual misconduct by famous men.  They go about their jobs and wonder whether to keep quiet about offenses all along the Spectrum of Sexual Misconduct at Work (SSMW in blog below).

Whether to let any derogatory comment pass is an individual decision.  It’s important, however, to bear in mind that letting sexist and/or disparaging comments pass sends a message of acceptability.  Organizations that ignore such comments and behaviors send a similar message to all their employees.  So, what can both individuals, male and female, and organizations do to change that message?

An early step in developing ways of dealing with sexist comments and behaviors before they become pervasive or lead to serious and egregious levels on the SSMW is to draw a useful distinction between offense and insult.

Offensive comments and behaviors are accidental.  Insults are purposeful.  Anyone is capable of accidentally saying something offensive, even to respected colleagues.  If an offender is informed of the perceived error of his or her ways, two things may happen.  In the preferred scenario, the person desists from repeating the behavior and accepts the offended party’s warning as a desire to protect the relationship. If the offensive behavior occurs once more, perhaps it’s still a mistake.  A reminder may be enough, depending on the severity.  If the comment or behavior is repeated, however, it’s reasonable to see it as purposeful insult.

Insult requires a stronger, more direct response or it will surely come around again. Even among friends, unheeded it may lead to anger, resentment, and legal action.  In this sense, a climate that allows disrespect to become enduring or pervasive is often the straw that breaks the camel’s back when it comes to a woman’s (or a man’s) decision to make a formal complaint within an organization and/or file a lawsuit.

I’ve yet to meet a woman who longs to take legal action against her company or colleagues if there are other ways to resolve conflict based on sexual offense and insult. The cost is too dear and not just in terms of money.

Most women want to correct the problems they face at work with as little publicity and ire as possible. But most organizations lack a sophisticated system for defining and dealing with sexually offensive comments and actions. Most have sexual harassment guidelines and lengthy procedures for complaints, but few have considered the value of teaching people how to handle such incidents on their own. This doesn’t mean putting the monkey on the back of employees and walking away. Leadership starts at the top, as does change.  It does mean that helping employees learn to talk about feelings of offense and insult is a strong step toward changing a culture to one that does not appear to women as deaf to their concerns.

Workplace deafness is an impetus for many sexual harassment lawsuits.  It prevents nipping lesser issues in the bud and allows hostile work climates to develop and endure.

There is no such thing as head-in-the-sand leadership — hear no evil and see no evil. Often the responsibility for solutions has to be turned over to the courts because prevention and early detection, so clearly vital to human health, have been ignored in health planning of organizations.

The Secret Handshake, It’s All Politics and Comebacks at Work were all written to help people recognize and deal with challenging situations at work.  “Did You Really Say That?” provides a sample repertoire of comments that can be made to stop offensive and insulting behaviors.

Of course, handling the highly offensive and egregious forms of sexual misconduct in the SSMW takes more significant and formal action on the part of the individuals involved and the organizations for which they work.  Also, having a repertoire of responses to handle lower-level offenses and insults does not preclude the need at times for mediation.

But having at hand forms of communication that women and men can use to help rid their workplaces of disregard and disrespect is an important, empowering step forward.  There are many more steps needed as well.  But this one is crucial to the rest.

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Can “Zero Tolerance” Come Anywhere Near Zero?

Having spent a career studying how we use words to convey meaning, I wasn’t surprised to see that the term “zero tolerance,” no matter how emphatically expressed, is being used to mean different things by different people. A case in point is the Writer’s Guild of America West’s letter to its members published in Variety. Here is an excerpt:

Zero tolerance means that every claim of harassment or discrimination is taken seriously, and the investigation of every claim is thorough and transparent. Zero tolerance does not mean the absence of due process, or that there is a one-size-fits-all punishment for every incident.

This paragraph exemplifies one of the problems with the term “zero tolerance” as an overarching guideline for handling sexual offense, harassment and misconduct. Zero tolerance from the vantage point of the WGAW definition means taking claims seriously and responding with transparency.

This is certainly a good thing. Yet, they point out that members of the WGAW won’t be expelled for offenses or crimes as the union does not act as a judge or jury. One might argue that this is hardly zero tolerance — that you can’t have it both ways.

We might reasonably ask if using the term “zero tolerance” in this manner is misleading. As I’ve argued below with regard to the Spectrum of Sexual Misconduct at Work, until we develop commonly held definitions of sexual offense, harassment and abuse, zero tolerance policies have little meaning — they refer more to process than to specific actions and thus have more bark than bite.

Clearly, more work needs to be done in determining to what words and actions real zero tolerance should apply.  Otherwise the term will go on sounding good and meaning very little.

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“Did I Do Enough?” What Most Women (And Likely Clinton) Have Asked Themselves

Countless women have reported the discomfort and guilt they’ve felt over the years before #MeToo allowed them to speak out and speak up.  Lingering self-doubt and self-blame are part of the reason why so many women have come forward to identify sexual abusers.  But everywhere there are women and men who have not reported or fired a person accused of being offensive, harassing or abusive toward women.

Yet, here we are dumping on Hillary Clinton — a convenient target.  Her decision about not firing an advisor happened before this period of expressed outrage and serial firing.  What’s interesting is how many people now know exactly what they would have done in her shoes.  They’re disappointed or angry,  blaming a woman while a man who has been repeatedly accused of sexual misconduct sits happily in the Oval Office — no doubt amused.

Let’s be honest with ourselves.  For years women have had to deal with sexual misconduct on their own or with little help.  They tried to downplay their gender in male dominated fields and speaking up about offense was risky.  There were no guidelines.  It was understood that your career was on the line.  I can’t help but wonder if the women and men now pointing at Hillary with “disgust” spoke up about harassment and worse.  Did they do it in 100% of cases, 92%, 78%, 15%?

It’s easier to blame Hillary Clinton.  Trump does it all the time for all sorts of things.  She’s down.  So why not slap her again?  Is that what we really want?  Or is that what many in the media want?

If we’re going to stop sexual offense, harassment and misconduct, it’s going to take more than blaming women who didn’t have a powerful #MeToo movement around when they were trying to crack the glass ceiling.  Sure, maybe some of us would have been more outspoken than they were or fired some people if in a position to do so.  It’s easy to think so.  Without all the facts, it’s hard to say.  One thing we do know – and should remember – is that blaming women for not doing what we are somewhat more able to do now is taking the wrong track back to the same old station.

 

 

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Spectrum of Sexual Misconduct at Work (Draft 3)

Since I first introduced the Spectrum of Sexual Misconduct at Work —  SSMW (see blow below), I’ve done some additional work. Here is the latest:

SPECTRUM OF SEXUAL MISCONDUCT AT WORK (SSMW) — Kathleen Kelley Reardon, Ph.D., Professor Emerita, University of Southern California Marshall School of Business

Decisions about which category a behavior falls into depend on the situation, tone of delivery and nonverbal behaviors.  Even comments that fall into the “generally not offensive” category can be so if repeated to the point of causing discomfort or said in ways that reach a higher level of offense.

The spectrum is not intended to be a set of cut-and-dried categories. It’s a blueprint for organizations – a way to start talking about levels of offensiveness that can contribute to a hostile work climate as well as what is and isn’t sexual misconduct toward women.

Additional examples can be added and some existing ones moved by groups, divisions and organizations making the spectrum work for them.

Generally Not Offensive (Remarks on such things as hair style, looks and dress): “You look nice today,” “I like your haircut,” “Nice outfit,” “That’s a good color on you,” “You look lovely.”

Awkward/Mildly Offensive (Comments involving or implying gender distinctions unfavorable to women): “You would say that as a woman,” “I suppose it’s a woman’s prerogative to change her mind;” “We can’t speak frankly around you women anymore.”

Offensive (Gender-insensitive or superior manner): Holding a woman’s arm while talking to her; uninvited hugs; patronizing, dismissive or exclusionary behavior; making stereotypical jokes about women, blondes, brunettes, red-heads, etc.; implying or stating that women are distracted by family.

Highly Offensive (Intentionally denigrating): Joking or implications about a woman’s intellect or skills being limited due to her gender; labels like “ice queen” or “female mafia;” comments on physical attributes used to embarrass, insult or demean.

Evident Sexual Misconduct (Usually crude or physically intrusive): Looking a woman up and down in a sexually suggestive manner; grabbing, unwelcome holding, touching or kissing; ignoring a woman’s expressed disinterest in a personal or intimate relationship; crude jokes that demean women; describing women with such terms as “slut” or “frigid.”

Egregious Sexual Misconduct (Typically involves coercion, sexual abuse, or assault): Overt sexual behavior while a woman is present; pressing against a woman suggestively; threatening or implying career damage to a woman who refuses to engage in sex or sexual behavior; forcing or coercing a woman to have sex.

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The Women’s March — Making Respect And Equality Stick

As women marched yesterday for greater respect, representation and equality, it was difficult to not hear them. Yet, President Trump tweeted credit for the last twelve months of his administration. He invited women to march in celebration of his economic policies. Rather than congratulate women for their peaceful expression of democracy and exquisite determination to elicit change, he did what those women abhor — he ignored them and their message.  The president’s actions reflected two types of dysfunctional behaviors commonly used to demean the contributions of women — patronizing and exclusionary patterns of talk.

But let’s not dwell on that. It was not surprising. What we should do is celebrate the women who were marching. Two of our nieces were there. It made me smile to see them and young women recognizing that this time, this time indeed, we need to make respect and equality for women stick.

We can’t take for granted that women before us got the job done. This is a job that will not be done for many years to come. It will only get done if we keep at it. That will require not allowing ourselves to be splintered by false schisms as was the case with the Mommy Wars years ago that pitted working women against stay-at-home moms as if they were two distinct groups. That was a false dichotomy. Women should be wary of such efforts to create “cat fights.” Men don’t fall neatly into groups. Women don’t either. Yesterday was a tribute to that fact.

 

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Defining and Responding to Sexual Misconduct

Here is an interview on AirTalk KPCC with host Alex Cohen, guests Michele Goldsmith, chair of the labor and employment division of LA-based law firm Bergman, Dacy, Goldsmith, and myself.

Some good tips here from the legal side and from my work on the Spectrum of Sexual Misconduct at Work (SSMW) and a repertoire of comebacks women can use to nip such conduct in the bud. That repertoire is in the post below, “Did You Really Say That?”  More such on-your-feet-responses for women and men are in my book, Comebacks at Work.

Interview here

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Sexual Misconduct as a Spectrum


 

Here is an interview I did with David Brancaccio appearing on Marketplace Morning Report blog today about the Spectrum of Sexual Misconduct at Work (SSMW).  The spectrum is in the blog following this one.

In the interview, we discuss how companies can use the SSMW — how we all can use it — to determine whether a statement or behavior is perhaps mildly offensive or much more serious.  We also talked about how companies can adapt it to include other examples.

David and I also talked in an interview aired today about the wider issues women face at work and how my Harvard Business Review 1993 case that went viral then,”The Memo Every Woman Keeps in Her Desk,” still has relevance today.  Nearly twenty-five years ago, David’s mother-in-law had shared it with his aunt who’d shared it with David’s wife, Mary. His aunt and Mary reminded him of the case and David tracked me down.  Have a listen.

 

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The Spectrum of Sexual Misconduct at Work (SSMW) – Where We Draw The Lines

Daily we read about yet another person who has been accused of sexual misconduct.  And yet, except in the more obvious cases, people are unsure of where offensive or inappropriate behavior ends and sexual misconduct begins.  We’re operating in a maze. It’s time for some clarity and direction. Aristotle distinguished between mistakes and wickedness. So can we. Here’s a start — this time focusing on male to female offense and misconduct.

________________________________________________

 

Spectrum of Sexual Misconduct at Work (SSMW) –  Kathleen Kelley Reardon, Ph.D.  (VERSION ONE – See latest version – 3- above)

Decisions about which category a behavior falls into depend on the situation, tone of delivery and nonverbal behaviors.  This is not a set of cut-and-dried categories. It’s a first-pass blueprint for organizations – a way to start talking about what is and isn’t sexual misconduct. Additional examples can be added, some moved. The point is to get this conversation underway.

Generally Non-offensive:

Common off-the-cuff compliments on such things as hair style and dress. “You look nice today;” “I like your haircut,”

“That’s a nice outfit;” “That’s a good color on you.”

Awkward/Mildly Offensive:

Comments on gender differences such as: “You would say that as a woman,” “I suppose it’s a woman’s prerogative to change her mind;” “We can’t speak frankly around you women anymore.”

Offensive (Not necessarily or overtly intentional) 

Holding a woman’s arm while talking

Uninvited hugs

Patronizing/dismissive/exclusionary behavior toward women

Sharing jokes about female blondes, brunettes, red-heads, etc.

Implying or stating women are distracted by family

Seriously Offensive (Intentional lowering of women’s value)

Denigrating comments about women in general

Jokes about a woman’s limited intellect or skills due to her gender

Words like “ice queen” or “female mafia” when referring to women

Comments about about physical attributes used to insult or demean a woman

Evident Sexual Misconduct 

Looking a woman up and down in a sexually suggestive manner

Grabbing, rude patting and unwelcome holding

Unwelcome, unexpected kissing

Ignoring a woman’s expressed disinterest in a personal/intimate relationship and continuing to hassle her

Making or telling crude jokes that demean women

Describing women with such terms as “slut” or “frigid”

Trying to demean a woman by implying/claiming she uses her gender to advance career goals

Egregious Sexual Misconduct

Physical sexual behavior while a woman is present

Pressing against a woman suggestively

Threatening/implying career damage to a woman who refuses to engage in sex or sexual behavior

Forcing or coercing a woman to have sex

UPDATE: The New York Times article “How a Culture of Harassment Persisted on Ford’s Factory Floors” by Susan Chira and Catrin Einhorn (Dec. 19, 2017) provides examples of what blue-collar women have endured for years.  The term “snitch-bitch” was used to describe a woman who complained about sexual misconduct.  Others were hounded, prevented from doing their jobs, and accused of “raping the company.” One woman was referred to as “peanut butter legs.”  When she asked why, she was told, “Not only is it the color of your legs, but it’s the kind of legs you like to spread.”

Where do such examples and others in the article fit in the SSMW?  That’s what Ford and all companies need to ask — about egregious ones and lesser offenses.  In time, people will get it.  They’ll see that certain ways of talking to and acting around women are a bridge too far.  They’ll know when they’re in a danger zone and when they’re over the line.  It doesn’t take a genius to know what’s rather rude and what’s clearly crude. Both are bad, but the latter is worse.

The more examples companies place in the SSMW, the clearer misconduct will become. As the Ford story indicates, however, this exercise is not a one-shot effort.  It needs to happen over time and be revisited regularly.  Otherwise, companies slip back into old ways. Women experience retaliation and the workplace becomes hostile again.

 

 

 

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