What was the cause for “universal revulsion and anger” at one post?

13 Going on 14 — GFM: https://gofund.me/32671a27

 

Via FSGB Case No. 2020-009 | Interim Decision | February 4, 2021
Held –The Department of State (“Department) met its burden of proving that grievant committed one specification of Improper Personal Conduct, and one charge of Notoriously Disgraceful Conduct. The Department also established that the conduct showed poor judgment and lack of discretion, and that such misconduct had an impact upon the efficiency of the Service. The Department did not meet its burden of proving the charge of Inappropriate Comments and one specification of Improper Personal Conduct. The case was remanded to the Department to re- determine an appropriate consequence in light of the Board’s findings.
Case Summary – Grievant, a married Senior Foreign Service officer, while serving as Management Counselor at the U.S. Embassy REDACTED, was accused of sexual harassment based on inappropriate statements he reportedly made to female colleagues and conduct considered professionally improper. Grievant also appeared in a video published on a local website showing grievant and a local national woman seated together in the driver’s seat of a vehicle on a public road. The website article identified grievant as a foreign diplomat and commented on foreign diplomats and young host country women. Grievant later admitted to having an extramarital affair with the woman in the video, who was employed as a nanny by one of grievant’s subordinates. Grievant requested a voluntary curtailment because of the negative response by members of the embassy community concerning the video and to attend to a family illness.
The Department’s Office of Civil Rights (S/OCR) investigated the sexual harassment allegations and forwarded its report to the Bureau of Human Resources (HR). Based on the findings of the S/OCR and after consideration of a description of the video showing grievant with the foreign national woman in the car, the Department proposed to suspend grievant for eight days without pay as discipline for Inappropriate Comments (three specifications), Improper Personal Conduct (two specifications), and Notoriously Disgraceful Conduct.
Grievant challenged the suspension proposal, however, it was sustained by the Department. After a grievance was denied, grievant appealed to the Foreign Service Grievance Board that found that the Department met its burden of proving that grievant committed one of two acts of Improper Personal Conduct and he engaged in Notoriously Disgraceful Conduct. The Board remanded the case to the Department for reconsideration of the proposed discipline in light of the Board’s decision.

Charge 3: Notoriously Disgraceful Conduct

The Department contends that grievant’s conduct, captured in the video which showed a young woman sitting in front of grievant in the driver’s seat while driving a car, had a negative impact upon mission morale. The Department noted that this video appeared on a popular local website and the existence of the video and its content were widely known within the mission. Grievant also admitted that he was having an extramarital affair with the woman who appeared with him in the video who was employed as a nanny for the family of one of grievant’s subordinates in the mission. The Department cites a statement by the CLO that both grievant’s family and the post family that employed the woman who appeared in the video were deeply affected. Grievant claims that his wife was aware of the relationship and argues that the video did not explicitly show his involvement in a sexual relationship. Nonetheless, the Department concluded that the video exposed the close relationship grievant was engaged in with the nanny of his subordinate, thereby embarrassing his colleagues, his family, and the mission.
[…]
With respect to the Charge of Notoriously Disgraceful Conduct, the Department notes that grievant admitted to having an extramarital affair with the woman in the video and the S/OCR report specifically corroborated that the video was publicized in the media in the host country. The Department argues that the physical closeness exhibited between grievant and the woman in the video, the nanny of one of his subordinates, and grievant’s admission that he was engaged in an affair with the woman, demonstrated his failure to maintain the high standard of conduct required of Foreign Service employees representing the U.S. abroad. The Department also points out that all new Foreign Service employees are briefed about their role representing the U.S. government abroad and the expectation that each maintain the highest standard of conduct demonstrating integrity, reliability and prudence whether at work or during their non- work hours. Further, the publication of the video resulted in embarrassment to others in the mission and disrupted grievant’s effectiveness as Management Counselor because his colleagues and supervisees refused to work with him. In fact, the Department points out that the publication of the video partially motivated grievant to request voluntary curtailment from post, thereby detrimentally affecting management operations at post.
[…]
Grievant maintains that the disciplinary action against him is unwarranted and that the statements upon which the charges and specifications are based are factually inaccurate and mischaracterized. He argues that the Department cannot meet its burden to establish that he engaged in Notoriously Disgraceful Conduct (Charge 3). Moreover, grievant argues that the proposed discipline is excessive for the alleged offenses, that the DO did not give adequate weight to several mitigating factors in his case, and that the penalty, therefore, is unreasonable.
[…]
Grievant maintains that the Department cannot meet its burden of proving that he engaged in Notoriously Disgraceful Conduct, as defined in the regulation. Grievant acknowledges that he did have an extramarital affair but maintains that it was discreet, not conducted publicly, not disgraceful but, instead, it was a meaningful relationship.

[…]
The FAM definition of notoriously disgraceful conduct is normative; that is, it is defined by the reaction to the conduct. In the instant matter, grievant is charged with engaging in an extra-marital affair with a local national woman, which was publicized by inference in a video on local media. Thus, grievant’s conduct is notoriously disgraceful because, were it widely known, it would embarrass or discredit him, the embassy, and the United States, or would subject them to censure or opprobrium. Grievant’s argument that the video was posted to a non- mainstream sensationalist website is unavailing, as the Department does not need to prove that grievant’s extramarital affair was in fact widely known or published by a widely-accessed medium, only that, if known, it would cause the concerns described in the regulation. In fact, though, the Department describes the internet website where the video was posted as popular and the record shows that it was sufficiently well-known that the embassy community quickly saw it, identified grievant and the nanny, and reacted negatively. Judging from the strong negative reaction, described by the Deputy Chief of Mission as “universal revulsion and anger,” we are satisfied that if evidence of the affair and the circumstances were widely known in the host country, a socially conservative country, the embassy and the United States would have been embarrassed and likely censured.
[…]
According to the S/OCR investigator, interviews with the Management staff revealed that the disclosure of the video made grievant’s “relationship with his subordinates irreparably bad [and] … brought forth a torrent of further negative reporting from across the mission about [grievant’s] behavior and his interpersonal skills.” Agency-Level Grievance Decision at 15. In the aftermath of the release of the video, grievant agreed to work from home and discontinued any contact with his subordinates or others at the embassy. Grievant also admitted that he ultimately voluntarily curtailed from post in part due to release of the video, even though the official rationale was listed as his mother’s health situation. The embassy had the unanticipated absence of a key senior official who supervised a large staff and provided administrative services to 15 U.S. government agencies. It is clear to the Board that the evidence supports the Department’s conclusion that grievant’s appearance in the video and his extramarital affair with a subordinate’s nanny led to his discredit as a senior embassy official within the mission and possibly in the wider community; adversely affected the embassy’s ability to carry out its responsibilities when grievant could no longer perform his job.

###

 

Snapshot: Top Five Bureaus & Posts With the Highest Number of Sexual Harassment Complaints (2014-2017)

Via State/OIG:

Related post:
State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

 

 

 

State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

On October 2, 2020, State/OIG released its long-awaited report on the State Department handling of sexual harassment, including sexual assault reports in the agency. The IG reviewed the extent to which employees report sexual harassment, how the agency addresses reports, and the extent that State ensures consistent outcomes for individuals found to have engaged in such harassment.
The report notes that both Acting IG Stephen Akard, and his replacement, Acting IK Matthew Klimow “recused themselves from this review and delegated final clearance authority to Deputy IG Diana Shaw.” It looks like this review as initiated by State/OIG in early 2018. The report says that the issuance of this report was delayed because of “the lapse in OIG’s appropriation that occurred from December 21, 2018, through January 25, 2019, as well as the COVID-19 pandemic and resulting operational challenges.” We’re curious what happened to this report after the shutdown in January 2019 and before the pandemic was declared on March 11, 2020.
The Office of Civil Rights’ (S/OCR) response to this IG report is dated August 24, 2020; DGHR’s response is dated September 8, 2020.
Sexual harassment, generally a violation of civil laws, while sexual assault usually a reference to criminal acts (penetration of the victim’s body, also known as rape; attempted rape; forcing a victim to perform sexual acts, such as oral sex or penetration of the perpetrator’s body; fondling or unwanted sexual touching.
Within State, per 3 FAM 1711.2 says sexual assault is a form of sexual harassment.  Per 3 FAM 1712.2-4, S/OCR has the responsibility for investigating or overseeing investigations of alleged sexual harassment, which may include sexual assault. OIG report notes that it does not generally investigate claims of sexual harassment itself because OCR is specifically designated in the FAM as the responsible entity for investigating alleged sexual harassment. If the allegations rise to the level of a sexual assault, S/OCR will refer the allegations to DS/DO/OSI.
This report is distressing to read, and the underreporting is understandable. Of the 24 cases where misconduct allegations including sexual assaults were substantiated, we don’t know how many were criminally charged. One? None?

(font in blue, lifted from the report)

Office of Civl Rights (S/OCR), Office of Special Investigations (DS/OSI), and Conduct, Suitability, and Discipline Division (GTM/CSD)

      • lacks coordination guidance
      • lacks inter-operability of reporting systems
      • tracking system sucks
      • lacks updated supervisory guides
      • lacks data on the consistency of investigative and disciplinary processes
      • lack timeliness standards 

“OIG could not assess the timeliness of sexual harassment cases because the offices did not have timeliness standards. Additionally, lack of reliable and comprehensive data hampers the Department’s ability to effectively oversee and administer efforts to address sexual harassment.”
[…]
OCR, OSI, and CSD have individual systems to track and monitor sexual harassment cases, but the systems do not track similar data or share data with each other. For example, each office uses different identification numbers for the cases and different names for the subject’s bureau, office, or post. Additionally, OCR and CSD use different definitions when tracking sexual harassment cases. […] the three systems do not share data among each other and the other offices relevant to the disciplinary process. OCR, OSI, and CSD officials stated that only staff of the individual offices have access to the office’s data system and that the offices do not grant access to each other.
[…]
Because the offices lack a mechanism for tracking sexual harassment cases from intake until the final disciplinary action, OIG was not able to determine the length and disciplinary outcomes of all sexual harassment and sexual assault reports to OCR and OSI from 2014 to 2017.

S/OCR investigated just 22% of complaints for possible violations of Department policy

Of the 636 complaints of sexual harassment that OCR received from 2014 to 2017, OCR investigated 142 (22 percent) as possible violations of Department policy.

Top Five Bureaus and Posts With the Highest Number of Sexual Harassment Complaints From 2014 to 2017

      • Consular Affairs
      • Diplomatic Security
      • US Embassy Baghdad, Iraq
      • US Embassy Kabul, Afghanistan
      • Foreign Service Institute

CA, DS, Embassy Kabul, Chennai Consulate, and the Bureau of Overseas Building Operations represented the five bureaus and posts with the highest number of investigations.

Top Five Sexual Assault Complaints by Regional Bureau From 2014 to 2017

      • South and Central Asian Affairs
      • European and Eurasian Affairs
      • Near Eastern Affairs
      • East Asian and Pacific Affairs
      • Western Hemisphere Affairs
      • African Affairs
      • Domestic

Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct. […] However, this does not mean that 24 cases of sexual assault were confirmed; rather, it means that during the investigation, OSI concluded that some type of misconduct or criminal activity occurred and it was referred it to CSD for possible disciplinary action. In other words, OSI may receive an allegation of sexual assault and, during the investigation, obtain evidence that some other form of misconduct occurred.

Reporting on sexual harassment (63%) and sexual assaults (71%) are up but there are concerns of significant underreporting

According to information obtained by OIG, both through data collection and through interviews with Department employees, reports of sexual harassment increased from 2014 to 2017. OCR officials told OIG that this trend appears to be continuing. Additionally, one employee group expressed concern that sexual harassment is significantly underreported at the Department.

According to OCR data, reports of sexual harassment increased by 63 percent from 2014 to 2017, from 128 reports in 2014 to 209 reports in 2017. An OCR official told OIG that this increase may reflect an increased willingness to report sexual harassment based on an increased focus within the Department on the issue.

Reports of sexual assault have increased as well; OSI data shows a 71 percent increase in the number of reports of sexual assault from 2014 to 2017.

For overseas employees, a bigger challenge

Current and former Department employees interviewed by OIG expressed the belief that, for employees serving overseas, there are no mechanisms in place to hold embassy management accountable for failing to address sexual harassment at post.
[…]
According to OCR data, OCR received 636 complaints of sexual harassment from 2014 to 2017. That’s an average of 212 complaints a year. Of the 636 complaints, 441 originated at overseas posts. An average of 147 cases a year.
[..]
From the beginning of 2014 until the end of 2017, OSI received 106 reports of alleged sexual assault. […] Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct.
[…]
For cases opened before 2018, OSI did not track substantiated sexual assault allegations as a separate category so OIG could not identify the precise number of sexual assaults.

Underreporting due to lack of confidence in its resolution, fear of retaliation

Based on interviews and the survey of Department employees, OIG identified a number of factors that may contribute to underreporting, including lack of confidence in the Department’s ability to resolve complaints, fear of retaliation, and reluctance to discuss the harassment with others. Of the 154 survey respondents who responded that they experienced or observed sexual harassment within the last 2 years, 73 responded that they did not report the incident to OCR or DS. When asked why they had not reported incidents, of those 73, 25 employees agreed that they did not think that reporting would stop the sexual harassment; 19 employees agreed that they were afraid of retaliation; and 25 employees agreed that they did not want to discuss the incident (see Table 2).

… of the survey participants who experienced or observed sexual harassment but did not report it to OCR or DS, 34 percent stated that they did not do so because they did not think reporting would stop the harassment.

Lack of protection for complainants

Employees who were interviewed and survey respondents stated that another likely cause of underreporting is fear of retaliation. Interviewees told OIG that they do not believe that OCR will protect their identities during the course of the investigation if they do decide to speak out.
[…]
According to the FAM, “the Department will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).” 3 FAM 1525.2-1(d). According to OCR’s guidance for harassment inquiries, however, upper-level management (such as CSD) may need to know the victim’s identity in order to assess the disciplinary action. CSD and L/EMP officials told OIG that employees accused of sexual harassment are entitled to procedural due process if CSD proposes discipline. For sexual harassment cases, this means that the accused receive the OCR investigative file that includes all victim and witness statements, including their names; for sexual assault cases, the discipline package includes OSI’s report of investigation.

“Corridor Reputation”

Employees in interviews also expressed fear that reporting sexual harassment could harm their careers, either through overt retaliation or through the creation of a negative stigma and damage to the reporter’s “corridor reputation.”

One group representing Department employees told OIG that employees who experience sexual harassment are fearful that reporting it will cause their colleagues to view them as “troublemakers.”

Another employee group told OIG that the Foreign Service is a fairly small organization and reporting sexual harassment could give employees a poor reputation that will “follow them to future posts.”

Advised Against Reporting Sexual Harassment

…some Department employees told OIG that they were advised not to report the harassment that they experienced. Four survey respondents who experienced or observed sexual harassment stated that they did not report after being told not to do so.

Intake until Final Action: Length Varied from 139 days to 1,705 days

On average, OIG’s selected cases took 21 months to move from intake to resolution.54 The length of cases varied from 139 days (i.e., almost 5 months) to 1,705 days (i.e., over 4 years)

Final Disciplinary Actions for Selected Cases Ranged from No Action to Suspension

Final disciplinary decisions for OIG’s selected sexual harassment cases ranged from no action to suspension. Although the Department had proposed discipline for 11 of the 20 cases, only 5 resulted in implementation of the disciplinary action.

For example, one case resulted in no action taken after FSGB overturned the Department’s disciplinary decision to issue a Letter of Reprimand. For the three cases resulting in resignations, CSD had decided on either suspensions or separations but ultimately reached negotiated settlements for resignation. One individual retired after receiving CSD’s proposed decision, and another retired as CSD was reviewing the case. According to CSD officials, individuals who retire before a final disciplinary decision do not have the proposal or disciplinary decision included in their official personnel file.

2010-2020! Hello!

CSD has not updated the Foreign Service supervisory guide since 2004 and the civil service supervisory guide since 2007 to reflect sexual harassment policy changes. The supervisory guides aim to help supervisors and managers identify and address conduct and performance problems. The guides discuss the supervisor’s responsibilities, the disciplinary process, and certain types of misconduct. The guides do not, however, explain that supervisors are required to report allegations or observations of sexual harassment to OCR, although doing so has been a requirement in the FAM since 2010.

State/IG surveyed 2000 randomly selected employees and got a 27% response rate

OIG randomly selected 2,000 Department direct-hire employees who were employed as of October 1, 2018. OIG conducted a pre-test of the survey with 20 of the randomly selected employees. OIG surveyed the remaining 1,980 employees and received “undeliverable” responses from 215 email accounts.  A total of 479 employees responded to the survey, accounting for a 27 percent response rate.
[…]
Several factors may have affected the response rate: lack of access to Department e-mail during the 5-week lapse in appropriations; the sensitive nature of the subject; and employees being out of the office during the timeframe.4 Additionally, due to limited resources, OIG did not select a sample of respondents to validate their survey responses. OIG’s statistician analyzed the data by reviewing the responses of survey respondents. OIG also interviewed 10 employees who contacted OIG to share their personal experiences with sexual harassment at the Department. Additionally, OIG interviewed employee groups representing Department employees for additional employee perspectives on sexual harassment.

Related posts from 2014-2016:

 

Sexual Harassment in the Federal Government: Public Comments #FedMeToo

 

This is a follow-up to our posts on the U.S. Commission on Civil Rights’s  examination of sexual harassment in the federal government.  The Commission specifically examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA).
The U.S. Commission on Civil Rights (USCCR) says that the testimony from their May 2019 briefing and public comments “will inform” their 2020 report “to Congress, the President, and the American people regarding the federal government’s response to sexual harassment in the federal workplace.”
USCCR has now made available the public comments sent to the Commission.
Note that S/OCR is one of those offices that report directly to the Secretary of State,
Also, left on its own, we don’t think the State Department would willingly release the victims of harassment, discrimination or assaults from the Non Disclosure Agreements signed.  It is left to the U.S. Congress to mandate such a release, as well as require the Department to make public the cost of these taxpayer funded-settlements each fiscal year.
Individual 2: FSO-01 with 17 years in the Foreign Service and six years of active duty in the U.S. Military

 

Individual 3: Retired FSO (2006-2017) with 16 co-signers

 

Individual 5: FSO for Locally Employed Staff

FSO, assault survivor

Senior Litigator at the Justice Department, stalked by supervisor for over a year
Related posts:

USCCR will accept public comments by an anonymous author in #sexualharassment inquiry

Help Fund the Blog Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

______________________________________

 

This is a follow-up post to USCCR extends comment period for sexual harassment inquiry to Monday, June 25th and U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo.

We asked the USCCR how federal employees can protect themselves from potential retaliation from their agencies, and still be able to contribute to the Commission’s inquiry on sexual harassment in government offices. We understand that some State Department employees may also be tied  up with NDAs that may prevent them from discussing some details (for instance sensitive or classified locations, etc). We were also interested in learning if the Commission is also looking into practices at other agencies, and if so, which agencies are also being looked at (besides NASA and the State Department).

Below is the response we received from USCCR:

The US Commission on Civil Rights will accept public comments by an anonymous author. In regard to the application of non-disclosure agreements (NDA’s) the Commission cannot provide legal advice. We recommend that an individual who is a party to an NDA consult an attorney.

As far as what our investigation entails we are looking at the Equal Employment Opportunity Commission’s (EEOC) enforcement efforts to combat workplace sexual harassment across the federal government, including the frequency of such claims and findings of harassment, the resources dedicated to preventing and redressing harassment, and the impact and efficacy of these enforcement efforts. The investigation and subsequent report will also examine agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA).

#

USCCR extends comment period for sexual harassment inquiry to Monday, June 25th

Help Fund the Blog Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

______________________________________

 

This is a follow-up to our post: U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo

The U.S. Commission by unanimous vote extended the public comment period for its sexual harassment in the federal workplaces investigation from June 10th to Monday, June 25th.

The Commission is seeking to learn more from the public about sexual harassment in the federal government, including:

  • the culture surrounding the reporting of harassment in federal agencies,
  • the reporting process,
  • and new tools that can be used to address the issue.

The Commission will now accept written materials for consideration as we prepare our report on the subject. Please submit no later than June 25th, 2019 to sexualharassment@usccr.gov or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425. Testimony from this briefing and public comments will inform our 2019 report to Congress, the President, and the American people regarding the state of sexual harassment in the federal government.

#

U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo

 

On May 9, 2019, the U.S. Commission on Civil Rights held a public hearing in Washington, D.C. to examine the Equal Employment Opportunity Commission’s (EEOC) enforcement efforts to combat workplace sexual harassment across the federal government, including the frequency of such claims and findings of harassment, the resources dedicated to preventing and redressing harassment, and the impact and efficacy of these enforcement efforts. The briefing also examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA). Commissioners heard from current and former government officials, academic and legal experts, advocates, and individuals who have experienced harassment.

Below is the video of the event. The State Department portion starts at the 2 hour mark. After listening to the State Department representative OCR’s Gregory Smith presentation in this hearing, we’re now actually curious about the kind of training he is talking about. It almost sound as if he’s waving the State Department training as a magic wand.  And after everything he said during the hearing, we are no closer in understanding what specifically is involved in their sexual harassment training.

Also, apparently, according to the State Department rep, they “strongly enforced” steps against people taking any type of retaliation but … admitted under questioning by the USCCR that “no one has been  fired” for retaliation (3:07 mark). Well, now …

Jenna Ben-Yehuda, the President and CEO of the Truman National Security Project and a former State Department employee also spoke at this hearing as well as Stephen T. Shih, NASA’s Associate Administrator for Diversity and Equal Opportunity.  Both were impressive.  This is worth your time, and don’t miss the Q&A at the end.

Morning Session: https://www.youtube.com/watch?v=K0GjPYRAsHQ . (includes State, NASA Reps)
Afternoon Session: https://www.youtube.com/watch?v=OOZqWFIimoQ (includes CRS rep, NSF)
Public Comments: https://www.youtube.com/watch?v=KgEFjUr3gHE . (includes USDOJ, State FSO)

The Commission says it routinely seeks public comments on the substance of its briefings. The public comment period is 30 days following the date of the hearing or briefing, unless provided otherwise.  Since the public briefing: “Federal Me Too: Examining Sexual Harassment in Government Workplaces” occurred on May 9, the  Commission will accept written materials until June 10 for consideration as they prepare their report on the subject. Please submit no later than June 10, 2019 to sexualharassment@usccr.gov or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.

We understand that the USCCR has asked employees (and the public) for information about:

  • the culture surrounding the reporting of harassment in State and other agencies
  • the reporting process, and
  • new tools that can be used to address the issue
  • prevention of harassment
  • suggestions how to increase enforcement of existing regulations against harassment
USCCR said during the public comment portion that interested parties may submit materials for the Commission’s consideration, including anonymous submission (mark 13.14). Those who are submitting comments with their names attached may want to inquire about privacy/confidentiality for the reporting individual and material as the USCCR will be releasing a public report at some point. An employee  speaking on background notes that individuals who signed NDAs with State may also wish to consult with  a lawyer before writing to the USCCR. We’re not equipped to give legal advice and we think it’s prudent to consult with a lawyer on the limitations on what is shareable to USCCR given the uniqueness of each sexual harassment case.

#

EEOC Damages Increased in Two @StateDept Cases

Via The Digest of Equal Employment Opportunity Law | Volume 1Fiscal Year 2019

Commission Increased Award of Compensatory Damages to $50,000. The Commission previously determined that Complainant was discriminated against when the Agency failed to grant him a medical clearance based on its “worldwide availability” requirement. Following a supplemental investigation, the Agency awarded Complainant $5,000 in non-pecuniary compensatory damages noting that Complainant did not provide any medical evidence to support his claim. The Commission increased the award to $50,000 on appeal. Complainant stated that he became despondent, depressed, and reclusive because of the Agency’s discriminatory actions. Complainant experienced sleeplessness, crying spells, weight loss, anger, and humiliation. Complainant’s husband and friends submitted statements supporting his claim. The Commission determined that an award of $50,000 in nonpecuniary compensatory damages was more appropriate given the nature, severity and duration of the distress Complainant experienced as a direct result of the discrimination. Harvey D. v. Dep’t of State, EEOC Appeal No. 0120171079 (Aug. 23, 2018).

Commission Increased Award of Non-Pecuniary Damages to $50,000. The Commission previously found that Complainant was subjected to sexual harassment by her supervisor and ordered the Agency, among other things, to investigate Complainant’s claim for damages. The Agency awarded Complainant $20,000 in non-pecuniary damages, and the Commission increased the award to $50,000 on appeal. The Commission noted that, more likely than not, the sexual harassment was not the only factor that caused Complainant’s depression and anxiety. Complainant’s brother was executed in the Middle East, and Complainant also noted that her co-workers questioned her reputation because of the way she dressed. Nevertheless, the Commission found that the sexual harassment was a significant reason for the ridicule Complainant experienced, as well as her depression, poor self-esteem, irritability, anger, difficulty sleeping, exhaustion, weight gain, and thoughts of suicide. The Commission noted that, seven months after the harassment ceased Complainant was able to form a romantic relationship, and she continued working at the Agency. Considering all of these factors, the Commission concluded that Complainant was entitled to an award of $50,000 in non-pecuniary damages. The Commission concurred with the Agency that Complainant failed to prove her claim for pecuniary damages. Blanca B. v. Dep’t of State, EEOC Appeal No. 0120171031 (Aug. 16, 2018).

#

When sexual assault victims speak out, their institutions often betray them

Institutional betrayal can lead to real psychological and physical harm.

Jennifer J. Freyd, University of Oregon
Republish under Creative Commons license

 

A 27-year-old medical resident in general surgery is sexually harassed by two men – the chief resident and a staff physician at the hospital. She feels trapped. When one of the men’s actions escalates to assault, she struggles to find the strength and courage to report it.

When she finally does, will the outcome harm her even more?

The story, a fictional composite based on real accounts in our research, is agonizingly familiar. The outcome is often worse. When sexual harassment and assault occur in the context of an institution – a school, the military, a workplace – the behavior of institutional leaders can become a powerful force in how the victim fares.

From Susan Fowler’s poor treatment by Uber’s human resources department to the silence of non-abusive men in Harvey Weinstein’s orbit, our most powerful institutions often act without courage.

Over 25 years, my students and others have amassed a substantial body of empirical work revealing the real psychological and physical harm that institutions can do to those they betray.

However, if institutions want to do the hard work, they can help victims and prevent violence in the first place – by choosing courage instead of betrayal.

How betrayal harms health

My colleagues and I first introduced the term institutional betrayal in 2007, and have since explored it further, including in a book, “Blind to Betrayal.”

Institutional betrayal is harm an institution does to those who depend upon it. This betrayal can take the form of overt policies or behaviors, such as discriminatory rules or genocide.

Harm can also mean failing to do that what is reasonably expected of the institution, such as not providing relief to disaster victims or failing to respond effectively to sexual violence. For instance, some victims of assault are punished or even demoted or fired for reporting the assault to their institution.

In our studies, we found that more than 40 percent of college student participants who were sexually victimized in an institutional context did also report experiences of institutional betrayal.

These power ratios between harasser and victim can be quite significant, depending on the victim’s status. While the medical resident’s issues in our first example are deeply troubling, she may have more leverage to seek justice than a hotel or restaurant worker who is the daily and unrelenting target of harassment.

My work with clinical psychologist Carly Smith at Penn State shows that institutional betrayal can cause both emotional and physical health problems, even for those who have experienced similar levels of trauma from interpersonal betrayal.

One study found that institutional betrayal exacerbates symptoms associated with sexual trauma, such as anxiety, dissociation and sexual problems.

Other researchers have found similar effects. For instance, military sexual trauma survivors who have also experienced institutional betrayal have higher rates of PTSD symptoms and depression than those who have not experienced it. Perhaps most alarming, the survivors with institutional betrayal experiences had higher odds of attempting suicide.

In another study, we discovered that institutional betrayal is associated with physical health problems, such as headaches, sleep problems and shortness of breath.

Institutional courage

What can we do to prevent and address institutional betrayal? The antidote is something my colleagues and I call “institutional courage.”

The details of institutional courage depend to some extent on the type of institution involved, but there are 10 general principles that can apply across most institutions.

1. Comply with criminal laws and civil rights codes.

Go beyond mere compliance. Avoid a check-box approach by stretching beyond minimal standards of compliance and reach for excellence in non-violence and equity.

2. Respond sensitively to victim disclosures.

Avoid cruel responses that blame and attack the victim. Even well-meaning responses can be harmful by, for instance, taking control away from the victim or by minimizing the harm. Better listening skills can also help institutions respond sensitively.

3. Bear witness, be accountable and apologize.

Create ways for individuals to discuss what happened to them. This includes being accountable for mistakes and apologizing when appropriate.

4. Cherish the whistleblower.

Those who raise uncomfortable truths are potentially the best friends of an institution. Once people in power have been notified about a problem, they can take steps to correct it. Encourage whistleblowing through incentives like awards and salary boosts.

5. Engage in a self-study.

Institutions should make a regular practice of asking themselves if they are promoting institutional betrayal. Focus groups and committees charged with regular monitoring can make all the difference.

6. Conduct anonymous surveys.

Well-done anonymous surveys are a powerful tool for disrupting institutional betrayal. Employ experts in sexual violence measurement, use the best techniques to get meaningful data, provide a summary of the results and talk openly about the findings. This will inspire trust and repair.

We developed a tool called the Institutional Betrayal Questionnaire. First published in 2013, the questionnaire probes a company’s employer-employee work environment to assess vulnerability to potential problems, the ease or difficulty of reporting such issues and how complaints are processed and handled.

7. Make sure leadership is educated about research on sexual violence and related trauma.

Teach about concepts and research on sexual violence and institutional betrayal. Use the research to create policies that prevent further harm to victims of harassment and assault.

8. Be transparent about data and policy.

Sexual violence thrives in secrecy. While privacy for individuals must be respected, aggregate data, policies and processes should be open to public input and scrutiny.

9. Use the power of your company to address the societal problem.

For instance, if you’re at a research or educational institution, then produce and disseminate knowledge about sexual violence. If you are in the entertainment industry, make documentaries and films. Find a way to use your product to help end sexual violence.

10. Commit resources to steps 1 through 9.

The ConversationGood intentions are a good starting place, but staff, money and time need to be dedicated to make this happen. As Joe Biden once said: “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.”

Jennifer J. Freyd, Professor of Psychology, University of Oregon

This article was originally published on The Conversation. Read the original article.

#

We’re looking at you @StateDept!  The  Institutional Betrayal Questionnaire (IBQ) and the Institutional Betrayal and Support Questionnaire (IBSQ) are both available through Creative Commons.