Fedweek

MSPB: one concerning finding was a view that invoking EEO protections is too risky. Image: I'm friday/Shutterstock.com

In addition to finding a slight overall decrease in sexual harassment in the federal workplace, the MSPB’s latest survey on sexual harassment in the federal workplace produced data on the patterns of harassment as well as the responses to it.

For example, it showed that within the overall results, some 17 percent of women and 8 percent of men experienced at least one of 12 harassing behaviors over the prior two years, and there was substantial variation by agency. The highest rate reported by women was at the State Department (28 percent) followed by Justice (24), Interior (23), Transportation (22) and Navy and VA (20 each). Those agencies also reported higher than average rates of harassment reported by men, with the exceptions of Navy and Transportation.

The MSPB said that while the 2021 survey, and prior ones it has conducted “have consistently shown women to be at greater risk of sexual harassment, gender may become even more salient under other organizational conditions, such as in work groups that predominantly include men or women.” Both women and men were more likely to report having experienced harassing behaviors in workplaces where their gender is substantially under-represented, it said.

It added that while the latest survey did not include questions regarding the source of harassment, prior surveys showed that coworkers, other employees, and customers were most frequently identified as responsible. “Therefore, agencies should not focus their prevention efforts only on hierarchical relationships,” it said.

The survey did however continue to ask about what victims of harassment did in response, which broke those responses into the general categories of active, avoidance and toleration—with respondents able to name all that applied. Avoiding the harasser was the most commonly mentioned, by 72 percent, with 57 percent asking the harasser to stop by 42 percent ignoring the behavior or doing nothing.

Other active responses included reporting the behavior to officials, 29 percent, threatening to tell or telling others, 25 percent—although only 9 percent contacted an EEO counselor and only 8 percent filed a formal complaint and 8 percent used an informal conflict resolution process.

“Avoidance serves to keep the target away from the harasser, but frequently does not alert the harasser or others that the behavior is unwelcome. Similarly, toleration does not signal to the harasser or others that the behavior is viewed as inappropriate, and, consequently, may convey acceptance to the harasser and observers,” it said.

It added that “one concerning finding” was a view that invoking EEO protections is “risky.” It said that 36 percent of women and 14 percent of men who filed a formal complaint said that action made the situation worse, as did 30 and 26 percent who only contacted an EEO counselor and 34 and 35 percent who used an informal conflict resolution process.

“This concern is supported by data from other sources, as those who have experienced and/or observed sexual harassment and taken an active response have noted that retaliation can be a negative consequence. For example, the EEOC’s annual reports reveal reprisal/retaliation for participating in the EEO process to be the most frequently alleged basis for an EEO complaint filed by federal employees for over 15 years,” it said.

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