23674 CGIAR GENDER PROGRAM WORKING PAPER, NO. 13 SEXUAL HARASSMENT IN THE WORKPLACE How to Recognize It; How to Deal with It A Guidelines Paper Prepared by Joan H. Joshi and Jodie Nachison CGLAR Secretariat World Bank Washington, D.C. October 1996 FILE COPY  CONTENTS Table of contents i Abbreviations ii Acknowledgments iii Foreword v Part A - Introduction to the issue 1 1. Background 2. What is sexual harassment? 2 3. Personal and organizational impacts 4 4. Elements of effective deterrence 5 5. Status in the centers 8 Part B - Tools to deter sexual harassment 11 1. Examples of sexually harassing behavior 12 2. Sample policies and grievance procedures 14 2.1 ISNAR 14 2.2 CIFOR 16 2.3 IDRC 19 2.4 FAO 22 3. Sample communications from senior management 27 4. Training workshop syllabus 31 5. References and resources 44 ABBREVIATIONS CGLAR Consultative Group on International Agricultural Research FAO Food and Agriculture Organization of the United Nations IDRC International Development Research Centre (Canada) ELO International Labour Organization of the United Nations UN United Nations CGIAR-supported centers CIAT Centro Internacional de Agricultura Tropical (Colombia) CIFOR Center for International Forestry Research (Indonesia) CIMMYT Centro Internacional de Mejoramiento de Maiz y Trigo (Mexico) CIP Centro Internacional de la Papa (Peru) ICARDA International Center for Agricultural Research in the Dry Areas (Syria) ICLARM International Center for Living Aquatic Resources Management (Philippines) ICRAF International Center for Research in Agroforestry (Kenya) ICRISAT International Crops Research Institute for the Semi-Arid Tropics (India) IFPRI International Food Policy Research Institute (Washington, USA) MIIM International Irrigation Management Institute (Sri Lanka) IITA International Institute of Tropical Agriculture (Nigeria) ILRI International Livestock Research Institute (Ethiopia and Kenya) IPGRI International Plant Genetic Resources Institute (Italy) IRRI International Rice Research Institute (Philippines) ISNAR International Service for National Agricultural Research (Netherlands) WARDA West Africa Rice Development Association (Cote d'Ivoire) 11 ACKNOWLEDGMENTS We are grateful to the center staff members who have agreed to act as focal points with respect to the Gender Staffing Program and who responded to our survey, especially to Elizabeth Goldberg of CLMMYT who graciously provided examples of other useful policies. Bonnie McClafferty shared her collection of materials on the issue and was generous with her suggestions on both form and substance, while Sue Ricker's assistance with various communications and production tasks was vital in meeting deadlines. Finally, we must acknowledge that the thoughtful guidance of Deborah Merrill-Sands was, of course, the essential ingredient of this guidelines paper. Joan Joshi & Jodie Nachison 111 _룁 FOREWORD The work of the Gender Program of the Consultative Group on International Agricultural Research (CGIAR) in gender staffing aims to assist the sixteen CGIAR- supported international agricultural research centers in their efforts to strengthen the recruitment of women scientists and professionals and to create work environments that are equally supportive of the productivity, advancement, and job satisfaction of both women and men. The program provides the centers with technical and advisory services, information on priority topics relevant to gender staffing, grants to support centers' own initiatives, and periodic forums for the exchange of ideas, lessons learned, and innovations. The program was launched in 199 1, with special project funding from several of the CGIAR members. The Program is coordinated by the CG Secretariat, based at the World Bank. Since 1996, the Gender Staffing component has been implemented by the Simmons Institute for Leadership and Change, based at Simmons Collage, Boston, MA., USA. As part of its general services to the centers, the Gender Staffing Program prepares guideline papers on topics designated as priorities by the centers. To date, these have focused primarily on recruitment and spouse employment issues. This paper was prepared in response to a request arising from a consultation with internationally-recruited women from three centers held in early 1996. Given the increasing participation of women in the centers, it is important that the centers pay focused attention to this issue which is so integral to creating a supportive and productive work environment for both male and female staff. This guidelines paper is based on a review of the literature and of policies and procedures from other international organizations. It is divided into two sections. The first describes sexual harassment and its impact on individuals and on organizations. It lays out the basic elements for deterring and addressing sexual harassment. It then provides a brief review of the status of policies and practices for dealing with sexual harassment in place in the centers. The second part provides a set of practical tools for the centers to use as they seek to strengthen their approach to addressing sexual harassment. This includes a sample of diverse policies and grievance procedures, examples of communications from senior managers, a model training course, and a selected list of references and resources. We hope that this guidelines paper will assist the centers to address the issue of sexual harassment explicitly and ensure that they have policies, procedures, and practices in place for both deterring sexual harassment and dealing with it in an equitable and confidential manner when it arises. Deborah Merrill-Sands Program Leader, Gender Staffing CGIAR Gender Program v  Part A - Introduction to the issue 1. Background The last two decades or so have engendered considerable discussion throughout much of the world about issues of sexual harassment in the workplace. They have also witnessed legal and other action initiated by local and national governments and by such international organizations as the European Communities, the LO, FAO, the World Bank and the United Nations. It is not that the problem is new, only that it has been exacerbated and made more visible as increasing numbers of women have entered the workforce. Research on the issue has been so spotty to date that prevalence rates can only be estimated. Nonetheless, it is already clear that sexual harassment is internationally pervasive and that it affects a substantial number of people, principally, but not exclusively, women. An ELO report in 1992, for example, quoted from a study of 23,000 female employees of the U.S. Federal Government that indicated a 42% incidence rate, while studies in the Netherlands and Norway led to estimates of 58% and 41%, respectively, of female employees affected. (ILO, Part VI, 1992) In a survey published by the CGIAR Gender Staffing Program in January 1995, in fact, 13% of the 87 internationally-recruited women respondents (representing a 65% response rate) reported having experienced unwelcome verbal or physical conduct of a sexual nature from supervisors or colleagues that caused personal offense and was, in many cases, very disturbing to the woman involved. Most incidents were not reported, however, since few procedures were in place to handle complaints of this nature and since the alleged perpetrators were in positions senior to the women. Where reports were registered, none of the women were satisfied with resolution of the situation. In fact, some of the women resigned their positions as a result. Outside of the work environment, only the most egregious forms of sexual harassment-- acts of physical aggression, including rape--are issues dealt with in public policy, ordinarily via the criminal code. Where an employment relationship is concerned, however, the issue is seen as integral to concerns about sex discrimination, since a person is targeted for harassment because of her or his gender. As a result, sexual harassment is tied to policies--and to relevant law--designed to bar discrimination on the basis of sex. For example, the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women sought to ensure women the right to the same employment opportunities as men, as well as the right to health protection and safe working conditions. The Nairobi Forward-Looking Strategies for the Advancement of Women, adopted in 1985 and building on the Convention, called specifically for measures to prevent sexual harassment in the employment context. In 1992, the U.N. Committee established to monitor implementation of the Convention recommended legal and other measures to sanction and prevent sexual harassment on 1 the grounds that equality in employment could be severely impeded by gender-specific abuse, such as sexual harassment in the workplace. (ILO, Part II, 1992) Attention to the issue of sexual harassment within the CGIAR System increases in importance as the number of women on center staff at all levels expands. Although women are not the only recipients of harassing behavior, they are victimized more frequently than are males. It behooves centers, in their concern to attract and retain high quality staff and to ensure their productivity, to ensure simultaneously that they will experience a comfortable and non- discriminatory work environment. The World Bank has highlighted this concern in the foreword to its widely distributed and excellent booklet on the subject: Sexual harassment has no place within the World Bank Group. It should be prevented and, where it exists, eradicated Sexual harassment is neither a trivial offense nor a personal matter between employees. It results in loss ofproductivity and is detrimental to staff morale. A harassment free work environment is, therefore, essential to our effectiveness as an institution and to maintaining staff morale. Staff members can expect harassment complaints to be taken seriously and dealt with promptly. (The World Bank, 1994) In addition, the proliferation of legal remedies to sexual harassment in national law in many parts of the world suggests it is good practice for center management to be aware of local law as it relates to this issue and is applicable to both nationally-recruited and international staff. 2. What is sexual harassment? Sexual harassment, in all its configurations, is not easy to define. Other than conduct that involves physical violence, it is, to some extent, in the eye of the beholder. The Equal Employment Opportunity Commission in the United States, however, has developed a useful definition in the following: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 2 (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 29 C.E R. 1604.11(a) (1987) (Eskenazi and Gallen, 1992) This definition has come to be internationally accepted. FAO (see policy in Part B-2) uses it almost verbatim, as does the World Bank in the following: Sexual Harassment is any unwelcome sexual advance, request for sexual favor or other verbal, non-verbal or physical conduct of a sexual nature which unreasonably interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment. (The World Bank, 1994) The Bank's booklet on the subject then goes on to define physical conduct of a sexual nature as "unwanted physical contact ranging from unnecessary touching, patting, or pinching, or brushing against another person's body, to assault or coerced sexual intercourse." It notes that verbal conduct may include "unwelcome sexual advances, offensive flirtations, suggestive remarks, innuendoes or lewd comments, as well as propositions or pressure for sexual activity, and continued suggestions for social activity outside the workplace after it has been made clear that such suggestions are unwelcome." Finally, the booklet indicates that non-verbal conduct refers to "the display of pornographic or sexually-suggestive pictures, objects or written materials, leering, or making sexually-suggestive gestures." The operative word in these definitions is "unwelcome," a factor that makes precise definition of inappropriate conduct particularly difficult in the multicultural context in which the centers operate. The fact that cultural norms touching upon sexual relationships may vary so widely from region to region can lead to situations where the "alleged perpetrator" is legitimately unaware of a possible offense and where the "victim" is unable to express discomfort with the conduct in any manner that the offending colleague or supervisor can comprehend. The centers' complex multicultural situation thus suggests an even greater need to deal explicitly with the issue of sexual harassment than might be the case in a unicultural employment setting where employees can be expected to share an understanding of what constitutes appropriate conduct in the workplace and what does not. It is also worth noting that international organizations such as the centers find little difficulty in dealing openly with issues stemming from cultural diversity; where issues of a sexual nature arise, however, there is a sense of discomfort in bringing them into public view. This argues, of course, for an even more deliberate effort on the part of management to build staff understanding of sexual harassment and how to deal with it. As embedded in the definitions, two forms of sexual harassment have been recognized. . One is referred to as "quid pro quo," alluding to situations in which a supervisor or other senior official with control over a subordinate's employment status solicits sexual favors in exchange for the position itself or for a job-related benefit. The second form is that in which a "hostile environment" is created by unwelcome behavior on the part of anyone in the workplace, be it a 3 subordinate, a peer or a senior official. Such behavior can be either deliberately offensive or inadvertently so; behavior is sexual harassment if it unreasonably interferes with an employee's work performance and overall comfort. Research has shown that sexual harassment frequently stems from a confusion of gender roles with work roles. It is known, for example, that women in traditionally female or male occupations experience more sexual harassment than women in gender-neutral occupations. In its more virulent form, however, it often stems from a strongly felt need for power or dominance, the wish to exercise control over others. Individuals with disproportionate power can begin to view those on a lower hierarchical plane as less worthy and thus deserving of treatment at the whim of the power holder. In addition, the sense of power can lead in some cases to sexual arousal that, in turn, can prompt behavior inappropriate to the time and place. (Stockdale, 1996) It is important to note that, while cases most frequently involve a woman harassed by a male peer or supervisor, harassment by a woman of a man, by a subordinate of a supervisor or by a person of the same sex are scenarios that occur and must be viewed as equally serious. Harassment perpetrated by a visiting consultant or by a collaborator on an employee is also possible and is an issue appropriately demanding management's attention. Further, sexual harassment can be a one-time occurrence of a serious nature or a behavioral pattern experienced over an extended period. To be clearly understood, sexual harassment is probably best defined in terms of specific examples, all the more so in the context of cultural complexity. The CIFOR policy in Part B-2 includes a more detailed description of harassment than most others. The brief scenarios, in Part B-1, may also offer guidance to center officers charged with implementing a policy on harassment and ensuring a discrimination-free workplace. 3. Personal and organizational impacts The impact on the individual who experiences sexual harassment in the employment context can range from irritation to serious debility, with long-term physical and/or psychological implications. Such harassment can create a work environment in which a person feels constantly humiliated, degraded and angry. Some victims also experience guilt, the sense that they are somehow to blame for the treatment they receive. Always, victims worry about recriminations if they take action to report or otherwise speak out to discourage the treatment. Occasionally, victims feel they have no choice but to resign, and thereby they may suffer permanent damage to their careers. In addition to the legal and ethical implications of sexual harassment, however, such conduct, if at all pervasive, can have a serious impact on the organization that permits it--even tacitly--to occur. Surveys have indicated that many harassed individuals resign, take undue sick leave and reduce their own and their team's productivity as a result of poor job satisfaction and 4 unhappy relationships with coworkers. Costs to an organization in refilling vacant positions (a high cost activity for the centers), in work left undone or performed by other employees on overtime and in paying medical claims of those who seek help for physical and emotional stress can be substantial. (MacKinnon, 1992) Other studies have shown that the number of women reporting sexual harassment experiences is significantly correlated with the employees' impressions of organizational tolerance of such harassment. Where management seemed to ignore the problem and/or discourage reporting, employees tended to experience harassment more frequently. (Hulin et al., 1996) Conversely, in organizations where management appeared to make good faith attempts to prevent such behavior, indicated clearly that sexual harassment would have a negative outcome for the perpetrator, had in place procedures that protect the victim from retaliation and other risks of reporting, and where it was broadly understood that grievances would be dealt with promptly and seriously, there is evidence that harassing behavior was inhibited. (Hulin et al., 1996) 4. Elements of effective deterrence Effective deterrence of sexual harassment thus requires a number of elements: 1. A strong and broadly promulgated statement of policy, couched in clear, understandable language, defining what is prohibited and including illustrative examples without attempting to be all inclusive; 2. A grievance procedure that - a) preserves confidentiality and protects both the complainant and the alleged perpetrator from retaliation; b) offers alternative channels of communication in the event that the first-line supervisor is the alleged perpetrator; c) provides specially trained personnel who can help the employee determine if there has been harassment; and d) ensures that the complaint will be resolved equitably for all parties involved; 3. A clear indication of the consequences for non-compliance; 4. A training exercise designed to clarify behavior included in sexual harassment and to develop skills for coping with it, with special attention to the sensibilities inherent in a multicultural environment; 5. A periodic review process to ensure that the policy is effectively setting the stage for a non-discriminatory work environment; and 5 6. Not least, an unequivocal indication from top management that sexual harassment will not be tolerated in any form. Part B-2 is comprised of four examples of policies and procedures pertaining to sexual harassment that respond closely to points 1 and 2 above. Two are from CGLAR centers, CIFOR and ISNAR, one from the Canadian IDRC, one from FAO. With respect to ensuring equity both to the complainant and alleged perpetrator, the World Bank indicates the following in its staff publication: By what standard will sexual harassment be judged in the World Bank Group? In a multicultural environment like the Bank, one must be sensitive to cultural misunderstandings or differences of opinion based on differences of culture. But cultural differences cannot be used as an excuse for sexually harassing behavior. While sexual harassment is seen from the perspective of the victim, the standard for judging sexual harassment is not a purely subjective one. Formal judgement on whether conduct constitutes sexual harassment will be based on a determination of the impact of the behavior on a reasonable person of the same gender as the victim in the multicultural environment of the Bank Group. This means that the conduct will need to be assessed in light of the facts and circumstances in which it occurs, the reaction of the victim and the particular sensitivities required in the Bank Group work environment. As a practical matter, once the recipient of the conduct has clearly indicated to the perpetrator that the conduct is offensive and disruptive, the perpetrator should stop the behavior even if there may be others who would not react the same way as the victim. (The World Bank, 1994) The Bank's booklet, recognizing the inherent sensitivity of reportage when an offense of a sexual nature is concerned, also lists some nine sources of assistance, including the employee's manager, the manager's manager, the personnel team, local harassment advisors (volunteers trained to provide service in these cases), the Ethics Office in the Personnel Management Department, the Staff Counselling Service in Health Services, the Ombudsman, a security officer and the staff association. FAO's procedures urge an initial effort to settle cases informally "through mediation between the parties involved and by providing advice and counsel on a strictly confidential basis," but they naturally provide for more formal channels where needed. Both FAO and the World Bank emphasize prevention in the first instance, however, by stressing the key role that must be played by supervisors and managers in creating a work environment free of sexual harassment. For example, the Bank charges managers with "establishing a tone" for a healthy environment by: - setting a good example-avoiding even the appearance of improper conduct; 6 - being aware of what is happening in the work unit-noticing when someone is uncomfortable, watching for inappropriate exchanges and/or displays and changes in behavior such as reduced efficiency and productivity, increased absences, anxiety or depression; - being informed-knowing how to deal with sexual harassment and understanding the complaint procedure; - being vigilant-letting others know quickly when their behavior is offensive, ensuring their own behavior is not bothersome, making sure offensive pictures, posters or signs are not displayed in the work area; - being willing to consult and seek help from those who have more expertise in this area; and - acting quickly and effectively if a sexual harassment problem occurs. Managers at all levels, at headquarters and infield offices, are expected to communicate clearly andfrequently to their staff that there is a World Bank Group policy against sexual harassment, that it is taken very seriously, and that the Bank is prepared to take disciplinary action-up to and including termination of employment-against individuals who violate the policy. (The World Bank, 1994) Also included in Part B is an article that appeared in NewSplash, ICLARM's employee newsletter, as well as an all-staff bulletin issued by a Vice President of the World Bank. These are examples of useful ways to ensure that the institutional policy is well known and understood by staff at all levels and to emphasize that the policy has management's full and attentive support. With respect to consequences, the CIFOR example puts emphasis on conciliation that is, to be sure, the desired outcome in all cases. IDRC's policy, however, spells out clearly several levels of disciplinary action, including "a verbal warning, the placement of a record of the offense on the personal file of the offender, suspension" and, ultimately, "dismissal." This specificity, which is usual in the general grievance procedures of many institutions, makes clear the seriousness of sexual harassment offenses and their significance for the institution. A model workshop is included in Part B-4. Some form of training in this regard is an important component of a discrimination-free workplace, if for no other reason than that an understanding of the issue of sexual harassment creates a solid platform for the informal resolution of instances of offense before they become serious. A useful procedure relevant to the systematic review of the effectiveness of a sexual harassment policy appears in the FAO document that stipulates: "the Supervisor concerned will carry out a follow-up enquiry with staff members who have lodged a complaint concerning sexual 7 harassment after a reasonable period of time (normally 6 months) has elapsed from the time when the case was decided upon, regardless of the outcome. The enquiry will be made for the purpose of ascertaining that the complainant has not been the object of retaliation or threat of retaliation by the offender, alleged offender or any staff member in the work place." (FAO, 1996) Additionally, however, a periodic survey, possibly embedded in a review of other staff attitudes and concerns, would likely yield information as to the degree the workplace is harassment-free. As is the case with any element of a code of conduct, clear evidence that top management takes compliance seriously is a sine qua non of its successful permeation of the organization. In the case of sexual harassment, explicit support of a policy of non-toleration is essential. The participation of the Director General in IFPRI's training workshop has been an effective way to demonstrate support, as have the actions represented by the sample communications in Part B-3. 5. Status in the centers A September 1996 survey of the CGIAR centers indicated that just nine currently have policies regarding sexual harassment. Seven of the respondents thus have not yet incorporated such a policy in their personnel manuals, although three of these have a policy in draft. Of the nine existing policies, four refer to sexual harassment briefly in a general code of conduct; five are more detailed, sometimes appearing in a separate section of the personnel manual, sometimes as part of a code of conduct. Only a few centers have adopted procedures for the review of grievances stemming from harassment that include most of the points under deterrence element 2 described above. For the most part, a complainant is referred to the standard grievance procedures. The policies and procedures of ISNAR, CIFOR, IDRC and FAO in Part B-2 are illustrative of procedures specifically adapted to the sensitivities of sexual harassment cases. Just one center, IFPRI, has undertaken any formal training on the issue. The Institute's Head of Human Resources and Administration conducts a seminar (see syllabus in B-4) of some two hours duration that is mandatory for all employees and is repeated twice a year. The seminar, involving a video, question and answer sessions and small group discussions, is ordinarily introduced by the Director General. Reports are that staff at IFPRI have gained a greater awareness of how the same situation can be viewed differently by persons of different cultures and have learned to modify their behavior accordingly. The findings of the survey are reported on the following page. In addition to questions about policy, procedures and training, however, respondents were asked to indicate whether or not sexual harassment had been an issue at their center. Few reported official complaints that had proceeded through formal grievance procedures, but five described instances of harassment that had been resolved, with varying degrees of success, unofficially. At least five reported a knowledge of unresolved situations 8 Sexual Harassment Survey - September 1996 Policy Center Yes/No Type 1 Type 2 Grievance Procedure Training CIAT No* General No CIFOR Yes X Specific No CIMMYT Yes X Specific No CIP No General No ICARDA No General No ICLARM Yes X Specific No ICRAF Yes X Specific No ICRISAT No General No IFPRI Yes X Specific Yes IIMI No General No HTA No General No ILRI Yes X General No IPGRI Yes X General No IRRI Yes X General No ISNAR Yes X Specific No WARDA No General No * A policy is scheduled to go before the Board of Trustees in November. Key: - Type 1 indicates that a brief mention of sexual harassment is included in a general code of conduct; - Type 2 indicates the presence of a more detailed policy, sometimes in a separate section, sometimes as part of a code of conduct. - Where a grievance procedure is noted as "specific," its terms refer to sexual harassment per se; in other cases, a general grievance procedure would apply to a harassment case. 9 10 Part B - Tools to deter sexual harassment 11 1. Examples of sexually harassing behavior The following examples help to define sexual harassment in the workplace. It is always important to remember that, what may not be offensive to one person may seriously offend another, particularly one of a different age, from a different culture or in a more vulnerable position in the workplace. It is also important to note that harassment may be perpetrated by a man of a woman, by a woman of a man, by persons of the same sex, by a supervisor of a subordinate, by a subordinate of a supervisor or by peer colleagues. It may also be perpetrated upon center employees by a visiting consultant or a collaborator. 1.1 A group of international stafl all good friends, gathered over coffee on Monday mornings to discuss their weekend activities. Not infrequently, one or another of the mixed gender group would describe sexual exploits in full voice, amidst much laughing and joking from his colleagues. Several of the IRS women eventually ceased their participation in the gathering. Young assistants in the office, unaccustomed to such open talk, made it a habit to leave their desks while the group was assembled. 1.2 A visiting consultant persisted in asking an employee for a date, despite repeated, polite refusals. The employee experienced the same offense when working with a collaborator during a lengthy field trip. 1.3 A particularly well endowed woman on the staff was the frequent object of comments about her anatomy. Some of the remarks were made to her directly; others were directed elsewhere but in a voice loud enough to command her attention as well as that of many others in the office. The comments were occasionally non-verbal, that is, a colleague would make a sexually explicit gesture clearly directed at her. 1.4 A female staff member hung a calendar in her office that included large pictures of handsome, but scantily dressed men. She made a great joke of this as a counterbalance to the more common calendars of women similarly unclad. However, her assistant, a young man from a conservative society, found it necessary to avert his eyes whenever he entered her office. 1.5 A staff member, addicted to his computer, had a habit of incorporating sexually explicit messages and/or jokes in most of his inter-office e-mail. Occasionally these were sent anonymously to some of the prettier young women on the staff. 1.6 One supervisor had a constant habit of touching the women who worked with him. Sometimes he would pat them on the buttocks as he walked by; at other times, he would stroke their arms. On several occasions, his hand would "inadvertently" touch their breasts. These gestures were always accompanied by a friendly, good-natured smile. They were particularly offensive, however, to the nationally-recruited women from a society that carefully circumscribes physical contact between males and females. 12 1.7 In interviewing candidates for a lab assistant's position, a scientist made it clear by subtle comments that the position would require extra-curricular activity of a sexual nature on the part of the employee, particularly when they were both in travel status. 1.8 A colleague of the scientist made similar suggestions to his already employed assistant. When she did not respond as he wished, he began to assign her the less desirable tasks and denied her request to attend a program of training appropriately related to her work. When she protested, he wrote a negative performance evaluation that resulted in denial of a raise in that year. 1.9 A newly recruited international staff woman met with a senior administrative official to discuss her assigned housing and automobile. She received a clear indication that her cooperation in outside social activities could bring about a generously upgraded result in both areas. (It should be noted that, in cases 1. 7, 1.8 and 1.9, sexual harassment occurred when the initial suggestion was made, whether or not the position was denied or the other retributive action taken by the person in authority.) 13 2. Sample policies and grievance procedures ISNAR ISNAR embeds its policy on sexual harassment within its general code of conduct but covers the issue with specificity. The code includes a prohibition against other forms of harassment and includes procedures adapted to such behavioral matters. Article 9.16 - Standards of conduct and behavior 1. ISNAR requires all staff members to conduct themselves in a manner that will foster and preserve ISNAR's high standard professional image. They are expected to treat other staff members, as well as all other persons with whom they come into contact on ISNAR business, with courtesy, respect, equality, and cultural sensitivity. ISNAR strictly prohibits any kind of prejudicial behavior or harassment on the grounds of sex, race, ethnic origin, religion, health or age. 2. All staff members should be able to enjoy a work environment free from all forms of harassment on the grounds of race, color, religion, sex, ethnic origin, political affiliation, sexual orientation, age or marital status in all aspects of ISNAR's personnel policies and practices. ISNAR's policies in this regard include but are not limited to promotion and transfer, recruitment and recruitment advertising, redundancy, training and development, and rates of pay and other forms of compensation. Every effort will be made to ensure that management and staff act responsively and sensitively to the cultural diversity among ISNAR staff, provided that it does not contradict ISNAR's policies and staff regulations. 3. ISNAR prohibits action or conduct by any staff member that could reasonably be viewed as sexual harassment. Sexual harassment is unwelcome verbal or physical conduct of a sexual nature, which causes personal offense, and the abuse of the authority conferred on staff members by their position or the use of pressure to obtain favors of a sexual nature. This includes, but is not limited to, a word, gesture, attitude or behavior by a hierarchical superior with a view to compelling another staff member to respond to a solicitation of a sexual nature. 4. If a complaint regarding prejudiced behavior or harassment cannot be resolved informally, such complaint (oral or written), against other staff members or any other person with whom staff members come into contact on ISNAR business, should be promptly brought to the attention of the Director, Administrative Services, or if so preferred, to the Personnel Assistant, who will endeavor to investigate all such complaints in a manner that is equitable to all involved parties. The Director, Administrative Services, will report his/her findings to the Director General, who will decide on the appropriate remedial and/or disciplinary action. The complainant may submit a formal complaint, in writing, directly to the Director, Administrative Services. The formal complaint should include a statement of the alleged wrongful action and injury causes, the name of the person(s) involved and all pertinent facts (documented, if possible). The Director, 14 Administrative Services, will conduct a prompt and confidential investigation of all such complaints. All of the facts related to a reported incident will be carefully examined in an objective manner to determine whether the incident does indeed represent a breach of ISNAR policy. The investigation will include interviews with involved parties, as well as with possible witnesses to the incident or other related incidents in an effort to obtain a balanced representation of the facts pertaining to the alleged incident. All information received regarding the facts and circumstances, as well as actions taken, will be documented and will be treated with the utmost confidentiality. During the investigation process, the rights of both the complainant(s) and the defendant will be protected as far as is practicable. To this end, any staff member interviewed in connection with the incident will be requested to keep confidential the contents of the interview. 5. In the event that a breach of ISNAR policy on standards of conduct and behavior is established, the disciplinary measures taken in accordance with Section 10 of the staff regulations may include an oral or written warning, suspension from duty with or without pay, or termination of contract. A staff member may be suspended from duty with pay, without prejudice, pending investigation of a charge. There will be no recriminatory action against any complainant or any person who has participated in or provided information pertaining to the investigation. However, a pattern of claims made in bad faith may warrant disciplinary action. 6. A staff member who believes that a disciplinary action is unfair may take advantage of ISNAR's grievance procedure (see staff regulations Section 16). ISNAR trusts that all its staff will continue to act responsibly in maintaining a pleasant working environment free of all forms of discrimination. Staff members are encouraged to raise questions they may have regarding any of the points above with the Director, Administrative Services. 15 CIFOR CIFOR has optedfor a separate and very detailed policy with respect to sexual harassment. The policy includes a clear definition of what constitutes such harassment and specifc procedures relative to a complaint in this area. In CIFOR's case, emphasis is placed on resolution through conciliation, but there is clear access to more formal grievance procedures should they become necessary. 3.4 Sexual harassment All staff in the Center have the right to be treated fairly and with respect. Accordingly, CIFOR prohibits action or conduct by any staff member which could reasonably be considered as sexual harassment. Sexual harassment can include a wide range of behaviour of a sexual nature which causes another person distress. The distress caused by it may be intentional or unintentional. Sexual harassment is unwanted, unsolicited and unreciprocated conduct of a sexual nature and may be just one incident or a series of incidents. Men and women can be subjected to sexual harassment from either a person of the same or the opposite sex. Harassment may be: - coercive sexual behaviour used to control, influence or affect the career or job of another person; - co-workers and subordinates submitting a colleague or a superior to humiliation or offensive behaviour on the basis of the person's sex or sexuality. Sexual harassment may take the following forms: - the display of sexist or sex-oriented material which causes offense; this could include posters, calendars and even works of art which would be inappropriate when displayed in the work place; - sexually-oriented kidding, innuendo, jokes or verbal abuse; - non-verbal acts like leering or sexual gestures; - repeated questioning about aspects of a person's private life; - exertion of pressure or requests for sexual favors with implied or overt promises of preferential treatment, or threats concerning an individual's employment status; - physical contact such as patting, pinching or touching, hugging and brushing against another person's body; 16 - sexual assault or rape. Not surprisingly, aspects of behaviour can be seen quite differently by different individuals. What one person may accept as reasonable, another person could find offensive. Courtesy and common sense should prevail in the working environment. The elimination of sexual harassment from the workplace is particularly important because of the seriousness and sensitivity with which such a threatening situation is viewed by individuals. A person subjected to sexual harassment may believe that there is little choice but to leave a stressful work situation at great cost to his/her own employment or career. The consequences of sexual harassment can range from actual or possible disadvantage to an individual's opportunities in appointment, promotion or transfer; lack of self-esteem or confidence in carrying out tasks, to poor performance in regard to work output. Sexual harassment can also create an intimidating, hostile environment where people other than the victim may also suffer. 3.5 Reporting sexual harassment concerns Any staff member or applicant who feels he/she has been sexually harassed by CIFOR staff should report his/her complaint to either the Human Resources Officer or the Director of Administration and Finance. Should any CIFOR staff member or applicant for appointment feel that he/she has been harassed by non-CIFOR staff (such as a client, collaborator, or service provider) while conducting CIFOR business, the staff member or applicant should report the complaint to either the Human Resources Officer or the Director of Administration and Finance. 3.6 Investigation of sexual harassment complaints Complaints of sexual harassment will be examined promptly and confidentially. If a complaint about sexual harassment is received, the Human Resources Officer or the Director of Administration and Finance will: I) hear out the complaint; ii) counsel the complainant not to discuss the situation with others in the work place; iii) maintain confidentiality concerning the complaint; iv) take all reasonable action to ensure that the complaint does not become an item of office gossip in order to prevent the victimization of the complainant or the possibility of legal action for defamation; v) hear out the alleged offender; and 17 vi) conduct appropriate counseling or conciliation. The emphasis in resolution of sexual harassment cases should be conciliation. The aim of conciliation is to enable both parties to understand each other, and to reach a mutually agreeable settlement of the matter without lodging a formal complaint. For example, the person about whom a complaint has been made might agree to apologize for any distress his/her behaviour has caused, whether intended or not, and to avoid giving offense in the future. This type of approach can put future working relationships on a proper basis by clarifying what is regarded as acceptable behaviour. There is no need to label the person complained of as a "sexual harasser"; indeed he/she may not have intended to harass, even if the behaviour has been perceived as harassment. The investigation by either the Human Resources Officer or the Director of Administration and Finance will be conducted in a confidential manner, in order to protect the rights of both the complainant and the alleged harasser. No retaliation will be allowed against a complainant; no defamation will be allowed against an alleged harasser. All persons interviewed during the investigation will be informed that they are required to keep the nature of the interview, and the fact that it has occurred, strictly confidential. Any staff member who believes that he/she was unjustly treated as a result of the investigation, may take advantage of CIFOR's grievance process to seek resolution of his/her concern (see 4.0 Grievance Procedure). 18 IDRC IDRC's policy, again, appears in a separate statement. It is particularly detailed in its grievance procedure that is specific to the issue of sexual harassment and in defining disciplinary measures. Of note, it outlines multiple channels through which an employee may report a complaint. 4.34 POLICY ON SEXUAL HARASSMENT (a) Definition of Sexual Harassment Sexual harassment is comprised of offensive sexual comments, gestures or physical contact that may be deemed objectionable or offensive, either on a one-time basis or in a continuous series of incidents, at or away from the usual workplace. Generally, sexual harassment is behavior of a sexual nature that is deliberate and unsolicited. Sexual harassment is one-sided and both males and females can be victims of it. (b) Policy It is the policy of the International Development Research Centre that its employees can expect to be treated fairly in the workplace in an environment free of sexual harassment. Any behaviour that denies individuals their dignity is offensive, embarrassing, humiliating and will not be tolerated. Harassment of another employee in the carrying out of Centre duties constitutes a disciplinary infraction and will be dealt with severely. All complaints of sexual harassment will be responded to immediately and, if founded, remedied without delay. c) Implementation of the Policy Both Management and employees must be aware of the sensitivity and confidentiality of any complaint made. Therefore, all persons dealing with a complaint of sexual harassment must be cognizant of the seriousness of such a charge and be sensitive to the dignity and self-respect of all persons involved. To ensure the consistent and vigorous implementation of the policy, the Director of Human Resources and the Secretary and General Counsel are named as "designated authorities." Where both of these positions are occupied by persons of the same sex, the President shall also name a senior staff member of the opposite sex as a "designated authority." This latter appointment will be for a one-year renewable term and will be announced to all Centre staff The role of the designated authorities is set out in ii), iii), and iv) below. 19 (I) The Responsibility of the Employee Employees have the responsibility to take assertive action should they feel they are being subjected to sexual harassment, regardless of who the alleged offender is or the nature of the harassment. The practical steps to follow are: - make the disapproval and/or unease known to the offender immediately; - if the conduct of the offender is deemed serious by the employee, the incident should be reported to either his/her responsible Officer, director or one of the designated authorities. (At this stage, the employee may seek the assistance of a colleague in reporting the incident to either his/her supervisor, director or one of the designated authorities); - if there is more than one incident, the employee should keep a written record of dates, time, and nature of the behaviour and witnesses to it, if any. (ii) The Responsibility of Management The primary responsibility for investigating the complaint lies with the responsible Officer except in a case where this person is the alleged offender. In the latter case, the designated authority has the primary responsibility for the investigation. Where a supervisor has received a complaint about sexual harassment, he or she must report it by confidential memo to the responsible Officer and/or one of the designated authorities. Where the responsible Officer has received the complaint, he or she must report it to one of the designated authorities. Where one of the designated authorities has received a complaint, he or she must report it to the responsible Officer. Since failure to act could be interpreted as condoning the prohibited behaviour, all those involved must act promptly. (iii) Investigative Procedure The individual primarily responsible for investigation must adhere to the following steps: - both the complainant and the alleged offender must be interviewed as soon as possible; - all witnesses must be interviewed; - the investigation must be documented accurately and completely; - all parties including the designated authority must be advised of the proposed action; - in cases where the responsible Officer has the primary responsibility for investigating the complaint, either the complainant or the alleged offender may ask for the designated 20 authorities to review and modify, if necessary, the action proposed by the responsible Officer. iv) Disciplinary Measures In those cases in which the offender is found to have committed sexual harassment, one of the following measures will be taken; - a verbal warning; - the placement of a record of the offense on the personal file of the offender; - suspension; - dismissal. v) Review by the President The complainant may, at the conclusion of the investigation, ask the President to review the case and take further action if warranted. (d) Other Course of Action It should be noted that the option of proceeding to the Canadian Human Rights Commission is an option that is always available to the employee. 21 FAO FAO has also chosen to promulgate its policy on sexual harassment in a separate document with an extensive definition of the issue. Of interest is FAO's detailed outline of informal resolution, with emphasis on mediation, as well as formal. FAO also requires afollow- up enquiry six months after closure to ensure that none of the persons involved have experienced retaliation. POLICY ON PREVENTION OF SEXUAL HARASSMENT Staff members are informed that the Director-General, in line with the decisions taken by the Administrative Committee on Coordination (ACC), has approved a policy on prevention of sexual harassment in FAO and also a procedure for dealing with complaints of sexual harassment. The policy and the procedures in question are set out herebelow in Part I and II respectively. 1. POLICY ON THE PREVENTION OF SEXUAL HARASSMENT The Staff Regulations and Rules of FAO require the highest standards of integrity from staff members. The Organization thus has the duty to ensure that its staff is treated, and treats one another, with dignity and respect, free from abuse or harassment. The Organization will not tolerate any type of harassment, particularly sexual harassment, within the work place or associated with the work performed on behalf of the Organization. All allegations of sexual harassment will be fully, fairly and promptly investigated and dealt with in a confidential manner. Any retaliation or threat of retaliation against individuals making formal or informal sexual harassment complaints or assisting in the investigation or complaints will be considered as a violation of standards of conduct and will result in disciplinary action. What is sexual harassment Sexual harassment is any unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature, when it interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment. In all cases it refers to conduct that is not welcomed by the recipient. When behaviour of this kind is engaged in by any official who is in a position to influence career or employment conditions (including hiring, assignment, contract renewal, performance evaluation or promotion) of the recipient, it also constitutes an abuse of power. 22 Sexual harassment can occur regardless of whether the harasser considers the behaviour to be offensive or not. Sexual harassment is distinguished from other forms of mutual contact by its unwelcome, unreciprocated and coercive nature. Conduct becomes sexual harassment when it is forced upon a recipient against his/her will and, even though the recipient makes it clear to the harasser that he/she does not approve of the behaviour, the harasser still persists. Mutually acceptable social behaviour is not sexual harassment regardless of the employment relationship. The Role of Supervisors and Managers Creating a work environment which is free of sexual harassment is every staff member's responsibility. Supervisors and managers can play a key role in this effort by ensuring that any incident of unacceptable behaviour, including sexual harassment and intimidation, is promptly dealt with and corrective action taken. Managers and supervisors bear added responsibility in the process (a) by their example, (b) by clearly communicating to all their staff the policy outlined in this statement, c) by enhancing a positive working environment in which sexual harassment does not occur, and (d) by ensuring prompt attention to the adherence to the policy. II. PROCEDURES FOR DEALING WITH SEXUAL HARASSMENT The cardinal rule for dealing with unwelcome behaviour is to discourage it at an early stage. Staff members should make it clear to the offender that his/her behaviour is unwelcome, that it is offensive and that it should immediately cease. In the event that the offensive behaviour does not cease after its being discouraged or if the aggrieved staff member is not comfortable in handling the situation on his/her own, the following informal and formal means of resolving the problem are available. The Informal Approach The informal approach is intended to resolve a complaint of sexual harassment through mediation between the parties involved and by providing advice and counsel on a strictly confidential basis. Aggrieved staff members may seek advice and help from a Personnel Officer or from a senior staff member who can advise them and who may be able to discuss the matter discreetly with them and the offender with a view to achieving an informal resolution of the problem. 23 When posted at Headquarters, staff members may approach a senior member of their division or office or Personnel Division (AFP). They may also contact the designated officer in the Medical Service, AFPM, for information, informal guidance and counseling. Staff members in duty stations outside Headquarters may seek advice from a senior staff member in the field office/project concerned. They may alternatively contact a Personnel Officer at Headquarters or the designated officer in the Medical Service in writing or by telephone. The Officer will explain the FAO policy and suggest ways for the staff member to deal with the situation. If necessary, the officer contacted will, in consultation with the complainant, nominate a member of the FAO management in the field office or, if there is a perceived conflict of interest, a senior manager from one of the UN agencies represented at the field level to review the matter and approach the alleged offender on a strictly confidential basis to resolve the situation. The Formal Approach Staff members are encouraged to use informal means in order to resolve problems. However, where such informal means are not appropriate, cases may be pursued through more formal channels. Formal complaints will be dealt with rapidly, in the strictest of confidence, and where warranted, appropriate disciplinary action will be taken. 1. Lodging a Complaint The aggrieved staff member should address the complaint on a strictly confidential basis, to the Chief, AFPE. The complaint should describe the specific offensive act or acts, the time, location and circumstances under which they took place, and any other information relevant to the case. The complaint should also specify whether and in which circumstances the staff member made it clear to the alleged offender that his/her behaviour was unwelcome. The complaint should identify the alleged offender as well as any witness to the act(s) or anyone else to whom the incident might have been mentioned. The complaint must be signed and dated by the staff member. 2. A copy of the complaint will be forwarded by the Chief, AFPE to the alleged offender who will be given the right to respond in writing to the allegations within a specified time. 3. On the basis of the information received, the Chief, AFPE will review the matter and decide whether to: 24 (a) Recommend to the Director, AFP that the matter be closed. (b) Initiate disciplinary proceedings in accordance with Manual para. 330.32; the matter will thereafter be dealt with in accordance with the provisions set out under Manual Section 330. (c) Refer the matter to the Investigation Panel. (d) The complainant and the alleged offender will receive a copy of the Chief's AFPE recommendation. (e) In cases where the complainant does not agree on the recommendation that the matter be closed, he/she may request that if be referred to the Investigation Panel. The Chief, AFPE will take action on such a request. 4. (a) The Investigation Panel will be comprised of three staff members appointed by the Director-General after consultation with Staff Representatives. Members will be appointed for two year terms and will serve in their personal capacity. AFP will provide the Secretariat for the Panel. (b) The Panel will conduct the investigation and fact-finding which normally will include interviews with the complainant, the alleged offender, any witnesses and others who could be able to provide relevant information. It will assess the reliability of the source or sources of information and the evidence submitted. (c) In cases of alleged sexual harassment in duty stations outside Headquarters, the Investigation Panel will select one member of the panel to conduct the investigation together with two designated staff members assigned to the field duty station. Cases involving senior management in the field will be dealt with by the Investigation Panel which may select one of its members to personally carry out a fact-finding mission. (d) The Panel will submit a written report on its findings to the Director, AFP, normally no later than one month from receipt of the complaint. (e) The Director, AFP, may decide to close the case if the facts established by the investigation do not indicate that misconduct has occurred. The complainant and the alleged offender will be informed of the decision and receive a copy of the findings of the Investigation Panel. 25 (f) If the facts appear to indicate that misconduct has occurred, the Director, AFP, will transmit the findings of the Panel to the alleged offender together with his/her recommendation on the proposed disciplinary action. The alleged offender will be given the opportunity to submit comments within five working days. (g) The Director, AFP, will then submit the Report of the Investigation Panel and the comments of the alleged offender together with his/her recommendation to the officer authorized to impose disciplinary measures (Manual para. 330.14 refers) for decision. 5. Follow-up action after complaints The Chief, AFPE or, on his/her recommendation, the Supervisor concerned will carry out a follow-up enquiry with staff members who have lodged a complaint concerning sexual harassment after a reasonable period of time (normally 6 months) has elapsed from the time when the case was decided upon, regardless of the outcome. The enquiry will be made for the purpose of ascertaining that the complainant has not been the object of retaliation or threat of retaliation by the offender, alleged offender or any staff member in the work place. Khalid Mehboob Assistant Director-General Administration and Finance Department 26 3. Sample communications from senior management Two examples follow to demonstrate ways in which senior management can contribute to an understanding of sexual harassment in the workplace and can make clear to staff management's determination to prevent its occurrence and ensure an equitable, non-discriminatory work environment. The first is an article that appeared in the ICLARM staff newsletter, authored by the Associate Director General/Corporate Services; the second a notice distributed to World Bank staff by the Bank's Vice President, Management and Personnel Services. 27 SEXUAL HARASSMENT by Susan Bonetto In my overseas travel and work experiences, I have come to realize that sexual harassment, though shown in different forms, crosses all cultures and nations. Inside the US, the law requires that employees must be extremely careful about their work behaviors and conversations so that they do not intentionally or unintentionally create an intimidating or uncomfortable working environment for colleagues of the other (or same) sex. I believe that in ICLARM, whether in the Philippines, Bangladesh, Malawi or Solomons, we must behave in the same way. There are generally two broad categories of sexual harassment. One is intentional harassment, whereby one staff member, due to a perceived or actual position of power or influence, creates an uncomfortable situation for another. Examples might be making jokes at other's expense, demanding or encouraging sexual activities or relationships. A more benign seeming but equally concerning type of harassment is the unintentional 'meant in fun' behaviors such as sexual jokes, pictures or conversations amongst staff. Examples might include pictures in the office of scantily clad or nude people, jokes about one's looks, sexual preferences or activities and other personal or private matters being discussed or joked about openly. It is correct to say that not everyone objects to these sorts of activities. But it is also possible and likely that not everyone enjoys these things. And, the bottom line is they HAVE NO PLACE in our WORKPLACE! ICLARM believes in and supports a harassment-free workplace. While we encourage fun in our work, we must be aware of the limits of what type of 'fun' is acceptable in the workplace. Supervisors or others in positions of authority must refrain from inviting staff out on what may be considered 'dates'. If you consider this situation, a staff member who is asked out by his/her supervisor may feel obliged to say 'yes,' feeling that their work situation could be threatened if they fail to do as requested. All staff members must refrain from sexual topics in their casual, at work discussions and jokes. We should not discuss our own or other's sexual activities nor make related jokes. And it is important to note that these guidelines apply to all work related activities including work lunches, parties and outings. By the standards which I have outlined here, we are not 'sexual harassment free' at ICLARM. It is possible (we prove it everyday) to enjoy a work environment in which we visit, discuss and even joke about a number of topics which are unrelated to sex. With this in mind I hope everyone will assist ICLARM in maintaining its workplace values by acting in accordance with the beliefs described in this article. From: NewSplash, ICLARM, August 1996 28 For Your Information FYI/94/020 September 15, 1994 ERADICATING HARASSMENT IN THE WORLD BANK GROUP The World Bank Group recognizes the right of every staff member to be treated with dignity and respect and to work in an atmosphere free of harassment and intimidation. A harassment-free environment is essential to our effectiveness as an institution and to maintaining staff morale. It is totally unacceptable for any staff member to be subjected to harassment. Staff members can expect harassment complaints to be taken seriously and dealt with promptly. To achieve a workplace free of harassment, our conduct should ensure an atmosphere which is positive, productive and motivating, and in which staff members feel their talents and skills are well-utilized. The Bank's multicultural staff adds a special challenge because behavior that might be regarded as harmless or acceptable in one culture may give embarrassment or offense in another. All of us should be sensitive to the effect of our words and actions on others. We should not take it for granted that our cultural norms and values are understood and shared by our colleagues. Harassment is speech or conduct which unreasonably interferes with work or creates an intimidating, hostile or offensive work environment, whether on the basis of race, religion, color, gender, sexual orientation, national origin or other like factors. It will be subject to sanctions as are other types of misconduct. Harassing behavior by a person in a position to influence the recipient's career or employment conditions is also abuse of authority. One form of harassment, sexual harassment, is of particular concern. Sexual harassment is any unwelcome sexual advance, request for sexual favor, or other verbal, non-verbal or physical conduct of a sexual nature, which unreasonably interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment. In the 1993 Attitude Survey more than 10 percent of our staff--1 8 percent of our women staff--indicated that they had experienced such harassment in the past two years. We are placing a strong emphasis on preventing sexual harassment, through better training and guidance on behavior to be avoided and by raising general awareness f offensive behavior in the workplace. Managers at headqLarters and in field offices must take all necessary action to eradicate sexual harassment. They must 29 communicate clearly to staff that sexual harassment will not be tolerated, and that the Bank will take firm disciplinary action against individuals who engage in such harassment. We are establishing an education and training program to ensure that the Bank's policy on sexual harassment is well understood and to provide advice and guidance when sexual harassment occurs. You will separately receive a booklet which provides details about what to do if sexual harassment occurs. Thereafter, the booklet and a copy of this notice will be included in all orientation packages for new staff. The Bank will continue to provide channels through which individuals who feel they have been or are being sexually harassed can seek advice and assistance or register a complaint and is expanding those channels to include volunteers as advisers on harassment; these channels are described in the booklet. Anyone attempting retribution against an individual who has reported sexual harassment, or a witness in a sexual harassment investigation, or an advocate, will be subject to disciplinary measures. Our concern about sexual harassment does not imply tolerance for other forms of harassment. All Bank staff are responsible for fostering a productive workplace free from harassment in which the dignity of each individual is fully respected to enable the Bank and its staff to operate at their full potential. S. Shahid Husain Vice President Management and Personnel Services 30 4. Training workshop syllabus A workshop, developed and presented twice annually by the Head, Human Resources and Administration, IFPRI, is presented on the following pages. It is designed to be facilitated by any center officer, not necessarily one who is especially knowledgeable about sexual harassment in the workplace, although the facilitator must be a person who has credibility with respect to this issue. It is suitable for all staff levels and can be offered to groups ranging in size from 6 to 20 participants. The workshop requires about two hours to complete. However, not all sections need to be used as presented The parts can be adapted and others added in order to tailor the program to the needs of individual centers, but the full two hours are necessary if the facilitator plans to show a video. Since it is a good idea to vary the format between large and small group discussions, it is important to plan time for reporting back when the latter form is used The use of lecture or video alone is not appropriate. The scenarios presented in Part B-1 might make an effective addition to the program, used as the basis for small or large group discussion or for a role playing exercise. The facilitator should gather or prepare in advance: - large index cards - photocopies of the center 's policy - photocopies offorms proposed in parts 4, 10, 15 and 17 -flip chart - masking tape - VCR and video (optional) - pens - magic marker In the following pages, the facilitator 's instructions appear in italics. Exercises and material to be included in presentations appear in regular type. The facilitator should familiarize herselffhimself with the presentation material and communicate the content in her/his own words. 31 TRAINING WORKSHOP ON SEXUAL HARASSMENT Part 1: INTRODUCTION It would be ideal for the Director General or another person in an executive management position to introduce the workshop. By doing so, the center is affirming its values and commitment to a gender-friendly workplace. This commitment is also affirmed by the active participation of other key personnel within the center. Part 2: PRESENTATION AND DISCUSSION (Workshop goals) Distribute copies of your center's policy on sexual harassment and ask participants to tell you voluntarily what they would like to get out of the workshop. After you have heardfrom a sufficient number of staff tell them the goals the center has set. You can refer to the points noted below. You may wish to build on this exercise by asking participants what they hope this workshop will not become. For example, the workshop should not be an opportunity to discuss the issues of specific individuals in a large group context. ORGANIZATIONAL GOALS This workshop is a tool to begin to address the topic of sexual harassment in the center with a broad cross-section of staff It is designed with several goals in mind: 1. The first goal is to provide a vehicle to discuss a difficult topic in a professional and sensitive manner. By discussing the topic forthrightly, the center can reduce some of the emotionalism associated with it. 2. The second goal is to create an instrument that will serve as a basis for additional work on sexual harassment in the center. To this end, the training program includes both problem identification and problem solving components. 3. The third goal is to provide an opportunity to learn how staff view different communications and encounters with each other. 4. The fourth goal is to provide management with a way to learn about staff perceptions of what is actually happening at the center from a sexual harassment perspective. 32 Part 3: EXERCISE (Why address the topic) Ask the entire working group to suggest reasons why the center should address the topic of sexual harassment. You could go around the room and ask each participant to suggest a reason. Another option is to distribute large index cards and ask participants to submit their confidential reason(s) in writing to you. You, or another person, should write each of the reasons on a flip chart. Some possible reasons include: - to promote a gender-friendly workplace - to promote increased communication - to reduce barriers that prevent stafffrom reaching full productivity, career potential and job satisfaction - to reduce misunderstandings that arise because of cultural differences - to clarify the center's policies - to increase understanding of sexual harassment and how it impacts individuals and the workplace - to give staff tools to use if they feel harassed - to help staff be aware of the impact of their own behavior - to provide a vehicle to surface problems and identify solutions - to clarify center norms and values - to provide groundwork for writing policies and procedures - to promote a culture of learning at the center Part 4: EXERCISE (How much do participants know) The goal of this section is to gauge each participant's knowledge of sexual harassment. Distribute questionnaire. (You may want to add afew additional questions that are specific to your center.) Have participants answer and discuss answers. In addition, hand participants an index card and have each participant write one question about sexual harassment to be presented as a question to the group. After unsigned cards are passed in, select some (or all) for discussion. WHAT IS SEXUAL HARASSMENT? True or False 1. If I dor t intend to offend anyone, I am not sexually harassing them. T F 33 2. Asking my colleague out for dinner is not sexual harassment. T F 3. If I compliment someone about how nice they look, and they are offended, that is their problem, not mine. T F 4. My colleagues openly discuss their sex lives in front of me. To me this is sexual harassment. T F 5. People who are sexually harassed have invited the attention in some way. T F Facilitator answers: 1. F 3. F 5. F 2. T 4. T Part 5: PRESENTATION Ifyou have made an overhead or poster of the definition (see below), show it at this point as you read it. Then proceed to present the following material. WHAT IS SEXUAL HARASSMENT? Sexual harassment is any unwelcome sexual advance, request for sexual favor or other verbal, non-verbal or physical conduct of a sexual nature which unreasonably interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment. There are two general criteria for sexual harassment: the conduct, whether physical or verbal, is both unwelcome and of a sexual nature. Unwelcome conduct is: - not invited - unsolicited - victim has done nothing to incite it - victim views conduct as undesirable and offensive To judge if conduct is unwelcome, one must: - look at what people do and say - look at the kinds of interactions they have with the harasser - look at the relationship at issue - look at whether the conduct would be considered inappropriate by any reasonable person 34 Conduct of a sexual nature is summarized as follows: "but for" the sex of the individual, the harassing behavior would not occur There are two types of sexual harassment 1. Quid pro quo: - "this for that" - an exchange of a job benefit for expressed or implied sexual favors - "if you want X, you will have to Y" Characteristics: - harasser is in a position of either actual or perceived authority - real losses are involved (income, promotion, training) Facts: - one incident is enough to establish quid pro quo harassment - quid pro quo harassment can result in liability for the center, regardless of whether the employer knew of the problem and despite prohibitive policy statements 2. Hostile Environment - failure on the part of an organization to correct unwelcome sexual behavior that is having a disruptive effect on a staff member or group of staff in the workplace - sexual actions that make staff feel embarrassed, uncomfortable, threatened, humiliated and/or unsafe - sexual conduct that creates an aura of intimidation Sexual harassment exists under the following conditions: Condition One: It is made a term or condition of employment. Examples: - a decision to hire or not is made on the basis of or influenced by the applicant's response to unwelcome sexual behavior - a decision to terminate employment or create working conditions leading to resignation is made or influenced by an employee's response to unwelcome sexual behavior Condition Two: It is used as the basis for employment decisions. Examples: - a promotion, assignment, training opportunity or performance rating is the result of or influenced by an employee's response to 35 unwelcome behavior that is sexual in nature - an employee is denied consideration or a favorable employment decision (promotion, training, etc.) because of favoritism accorded to other employees who may have voluntarily submitted to, accepted or solicited behavior of a sexual nature ConditionThree: It creates an offensive working environment. Examples: - an employee is able to offer reasonable evidence of unwelcome sexual conduct that interferes with his or her ability to meet work deadlines or work productively - an employee is able to identify sexual conduct in the workplace that could be considered offensive by general standards 36 Sexual harassment is any unwelcome sexual advance, request for sexual favor and other unwelcome verbal, non-verbal or physical conduct of a sexual nature which unreasonably interferes with work, is made a condition of employment, or creates an intimidating, hostile or offensive environment. The World Bank 37 Part 6: EXERCISE (Personal experience) Ask the participants the following questions about their personal experiences and facilitate a discussion. 1. Have you ever witnessed sexual harassment? 2. Have you ever experienced sexual harassment? 3. Have you ever been told about sexual harassment by a colleague? 4. Ifyes, a) what was the situation? b) how did you feel? c) what did you do? d) how well do you feel you handled the situation? e) what would you do differently? Part 7: PRESENTATION (Defining verbal, non-verbal, physical) Proceed with the definition of sexual harassment by discussing what types of conduct help to create a hostile environment. Present the following: The following actions are often associated with sexual harassment situations: Yerbal: - pressure for dates, lunches, or dinner - propositions - sexual jokes - obscene language that is gender specific or sexual in nature - sexual remarks - comments about a person's body - questions about sexual habits - statements about sexual habits - telephone calls of a sexual nature Non-verbal: - display of pictures, drawings and cartoons that may be offensive in a sexual context - written jokes, verse, letters, etc., that may be offensive in a sexual context - staring, ogling, leering - sexual gestures Physical: - touching - stroking - hugging - patting - bumping - kissing - pinching - cornering - grabbing - leaning over - blocking - brushing 38 Part 8: EXERCISE (Cultural differences) Point out that we bring the imprinting of our past experiences to each new association. We see ourselves in many different ways and as members of many different groups (e.g., sex, profession, nationality, citizenship, age band, parent, etc.) If the group is large, break participants into small heterogeneous groups, and ask them to discuss what is appropriate between men and women in their culture (nationality). For example, they could consider direct eye contact, touching of arms, greeting each other with a hug, greeting each other with a kiss on each cheek. When the group has reassembled, ask for examples of how the following would be interpreted by the respondent, by other persons in his or her culture, by most men, by most women: - a man asking a woman out to lunch - a woman touching another woman on the waist - a man touching another man on the waist - a woman staring at a man - a man staring at a woman - a man staring at a man - a man touching a woman's back while talking with her - a man telling a female colleague why he finds another man sexually attractive - other Part 9: PRESENTATION (Impact of sexual harassment) Make a briefpresentation as follows: Sexual harassment impacts those who come into contact with it-- either directly or indirectly. A situation involving a hostile environment often cascades, affecting the staff member, the peers she/he talks with and the immediate supervisor. The employee's family and friends are involved on many levels--from listening to the staff member, consoling, advising or blaming her or him. The center is impacted by changes in productivity and working relationships. Also, as these topics are often discussed publicly, the credibility of the center and its leaders is at stake with the broader donor and professional community. Part 10: EXERCISE (Impact of sexual harassment) Distribute the chart and have participants take some time to complete the columns. This may be a good point to divide the participants into smaller groups of 4 to 6, preferably heterogeneous. 39 Have the smaller groups discuss commonly seen impacts or those of special interest and assign individuals to report back to the full group on one of the four areas. IMPACT OF SEXUAL HARASSMENT Individual / Co-workers / Center / Others (family, I / / friends, etc. Part 11: PRESENTATION (The role of silence in sexual harassment) Explain that, often, organizations believe that if they have not heard about sexual harassment, none is taking place. Unfortunately, this is not always true. There are many reasons why management may not hear of sexual harassment concerns. It is thus very important to address this issue in your workshop. Have the group list possible causes of silence OR give participants a list and ask them to add others. Ask participants working in small groups to come up with solutions. Some reasons for silence include: - lack of knowledge or confidence about how to confront the situation - lack of someone trusted in the center in whom to confide - victim feels embarrassed - victim feels she/he will be blamed - victim feels she/he will not be believed - it is not appropriate to discuss such things in victimn's culture - victim is concerned she/he will have to reveal something personal about self that she/he is not comfortable revealing - victim does not believe anything positive will happen - victim does not want to get harasser in trouble - victim hopes the problem will go away with time 40 Part 12: PRESENTATION (If you are a victim....) At this point, it is important to outline clearly the procedure to be followed at your center by someone who believes she/he is the victim of sexual harassment. Include the list of persons to whom a victim may go for help. Explain the procedures in place to investigate the allegations, making it clear that the investigation will be carried out confidentially, that the privacy of all persons involved will be carefully protected and that there will be further protection against any form of retaliation. Emphasize that management will take all necessary steps to stop the harassment once and for all. Askparticipantsfor suggestions on how to provide better assistance to victims. improve the procedures so that the rights of all involved are protected and otherwise prevent the recurrence of sexual harassment in the center. Part 13: EXERCISE (Dealing with sexual harassment) Ask the group to discuss and present options for dealing with sexual harassment in the following situations: - if the sexually harassed person is perceived as having a sexually inappropriate past or lfestyle - if the situation has become "ugly, " i.e., fraught with gossip and hostility - if the harasser is a person of authority and prestige at the center Part 14: VIDEO and DISCUSSION If a video is available, this could be the time to show it. At the conclusion, lead the group in a discussion of what points in the video were relevant to the center and what additional points they learned from it. Part 15: CLOSING GROUP EXERCISE Distribute copies of the following scenario andfill in the blanks with the assistance of the entire group. At the conclusion, read the scenario aloud and ask the group to discuss: 1. What do you say to Maricella 2. What do you say to Harold? 3. How do you handle the situation? 41 SCENARIO Maricella is hired as a at this center. She is a , (position) (nationality) single, - years old and has been at the center for years. Last week, she came (age) (length of time) to you as her supervisor and told you that Harold, a , who is a (nationality) had been sexually harassing her for the past . His (position) (length of time) harassment has included such actions as , (behavior) (behavior) and . She feels embarrassed to tell you because (behavior) (reason) and . His action towards her makes her feel (reason) (impact) and . At work she has found that her behavior has changed in that she (impact) . She doesn't feel that she can discuss this with her family (a change in action) because . However, she has told her officemate, Juanita, about this. (reason) Juanita said that she has heard similar complaints before. (In fact, Harold has often (# of times) been the topic of conversation regarding who will be his next "victim.") Staff have not officially complained because . Maricella wants to quit but cannot do so because (reason) she needs the money. She doesn't know what to do and asks for your help. 42 Part 16: EXERCISE (Remaining questions) Have each person in the full group write one question on an index card and submit the card to you. Shuffle them and redistribute the questions. Have participants ask each other the questions; then discuss the answers. Part 17: CLOSING (Evaluation) Distribute the following brief questionnaire and ask participants to write their answers, preferably before they leave the room. Alternatively, ask the group to respond orally to the questions. EVALUATION QUESTIONNAIRE What did you learn from the workshop? For what areas would you like more information? What should be included in follow-up workshops? What areas deserve special attention at the center? Other comments are welcome. 43 5. References and resources PRINT MATERIAL Eskenazi, Martin & Gallen, David. (1992) Sexual Harassment: Know Your Rights. New York: Carroll & Graf Publishers, Inc. Especially: MacKinnon, Catherine. Sexual Harassment: The Experience. (Chapter 2) International Labour Office. (1992) Conditions ofwork digest. Geneva. Leach, Joy. (1995) A Practical Guide to Working with Diversity: The Process, The Tools, The Resources. New York: ACACOM. Lindemann, Barbara. (1992) Primer on: Sexual Harassment. Washington, D.C. Stockdale, Margaret S. (Ed.) (1996) Sexual Harassment in the Workplace. Thousand Oakes, California: Sage Publications, Inc. Especially: Stockdale, Margaret. What We Know and What We Need to Know About Sexual Harassment. (Chapter 1) Grauerholz, Elizabeth. Sexual Harassment in the Academy: The Case of Women Professors. (Chapter 2) Hulin, Charles L., Fitzgerald, Louise F. & Drasgow, Fritz. Organizational Influences on Sexual Harassment. (Chapter 7) Thomas R. Roosevelt, Jr. (1991) Beyond Race and Gender: Unleashing the Power of Your Total Work Force by Managing Diversity. New York: ACACOM. The World Bank. (1994) Preventing and Stopping Sexual Harassment in the Workplace. Washington, D.C. VIDEO Employee Awareness: Sexual Harassment Deals with issue from point of view of employees via subtle vignettes. Guidelines provided for acceptable workplace behavior. Useful in a multicultural context. Length: 19 minutes Purchase: $395.00 Producer: AIM Rental: 125.00 Release date: 11/93 Preview: 35.00 Product No.: 16182 Format: Vi (Available from VIDEOLEARNING, 10000 Thomas Jefferson St., N W., Washington, D.C 20007- FAX 1-202-965-2130, Tel. 1-202-333-4414) 44 LIST OF WORKING PAPERS Working Paper, No. 1 Status of Internationally-Recruited Women in the International Agricultural Research Centers of the CGIAR; Deborah Merrill-Sands and PaWmi Sachdeva; October 1992. Working Paper, No. 2 Spouse Employment in Organizations Around the World: A Toolkit for Developing Policies and Practices; Madelyn Blair, December 1992. Working Paper, No. 3 Spouse Employment at IRRI: A Case Study; Deborah Merrill-Sands; March 1993. Working Paper, No. 4 Strengthening the Recruitment of Women Scientists and Professionals at the International Agricultural Research Centers: A Guidelines Paper; Sarah Ladbury8 October 1993. Working Paper, No. 5 Recruitment Resources in Europe: A List of Professional Organizations; Stella Mascarenhas-Keys and Sarah Ladbury; October 1993. Working Paper, No. 6 Filipino Women Scientists: A Potential Recruitment Pool forIntemational Agricultural Research Centers; ISNAR and PCARRD; October 1993. Working Paper, No. 7 Recruitment Resources in the United States: t of Professional Organizations; Bonnie Folger McClafferty and Deborah Merrill-Sands, January 1994. Working Paper, No. 8 Inventory of Gender-Related Research and Training in the International Agricultural Research Centers, 1990-1995; Hilary Sims Feldstein with Alison Slack; October 1995. Working Paper, No. 9 CGIAR Human Resources Survey: 1991, 1994, Key Observations on International Staffing with a Focus on Gender; Deborah Merrill-Sands, October 1995. Working Paper, No 10 Women in Agriculture in West Asia and North Africa: A Review of the Literature, September 1995 Working Paper, No I11 Gender Analysis in the CGIAR: Achievements, Constraints, and a Framework for Future Action, October 1995 Working Paper, No. 12 Gender Staffing in the CGIAR: Achievements, Constraints, and a Framework for Future Action, October 1995 Working Paper, No 13 Sexual Harassment in the Workplace: How to recognize it; How to deal with it. Joan Joshi and Jodie Nachison,