equal rights for women. To resolve the existing problems of women in employment pending ERA ratification we recommend that this Committee require each agency to have an affirmative action plan as required by law. We recommend that these plans be enforced and that OPM issue a regulation which would provide that any management official who fails to establish and enforce an affirmative action plan will be disciplined. Equal Employment Opportunity is one of the critical elements of performance for all management officials of the government. Under the new standards for performance, when one fails to perform a critical element of one's job they may be subject to discipline. This could be in the nature of a denial of a pay raise when a member of the Senior Executive Service fails to perform in this area. We recommend that the provisions of FEORP be used to reassign current employees who are qualified to positions where females are underrepresented. We feel that the above recommendations will do much toward the achievement of equal rights for women. AFGE appreciates the opportunity to work together with this Committee and the government toward the elimination of inequality in employment. Senator HAWKINS. The meeting is adjourned. SEX DISCRIMINATION IN THE WORKPLACE, 1981 TUESDAY, APRIL 21, 1981 U.S. SENATE, COMMITTEE ON LABOR AND HUMAN RESOURCES, Washington, D.C. The committee met, pursuant to notice, at 10:38 a.m., in room 4232, Dirksen Senate Office Building, Senator Orrin Hatch (chairman of the committee) presiding. Present: Senators Hatch and Kennedy. OPENING STATEMENT OF SENATOR HATCH The CHAIRMAN. My decision, as chairman of this committee, to hold various hearings on sex discrimination was based on three factors. No. 1 is my strong belief in the protection of civil rights for all Americans and the need to eliminate all discrimination based on impermissible grounds; No. 2 is the need to bring to public attention the extent of the problem, its different viewpoints, and an ultimate solution; and No. 3 because we have to do everything possible to unleash the full potential of the other 50 percent of our human resources-the women of America. With the high rate of inflation and the fact that more women are desiring and needing to enter the work force, it is important that we promote a climate in the workplace which will make it possible for anyone to enter it without fear or intimidation simply because of their sex. The women of this country have a rich history of working to make America strong and to mobilize themselves in times of national emergencies. The prime example is how they readily worked in our defense plants during World War II. At that time, we eliminated employment barriers and the women entered the work force at an unprecedented rate. If we did it then, we can do it now. This morning's hearing concentrates on one aspect of the employment picture which many women have said has made it difficult, if not impossible, for them to enter the work force-sexual harassment. While an examination of other aspects of sex discrimination is beyond the constraints of our time today, the issue of sexual harassment is important and timely. It is my intent to focus this hearing on the issue of sex harassment as defined in those regulations issued by the EEOC on November 10, 1980. I will be especially interested in learning about the extent and nature of the problem and how effective the new regulations will be in eliminating sexual harassment. Rhetorically, I must now ask: Is the definition of sexual harassment, as found in the regulations, too inclusive or too exclusive? Will these regulations create more antagonism against women in the workplace? Do these regulations place an undue burden on the employer? Do these regulations have the potential for infringing upon freedom of expression of others? Will they help create more employment opportunities for women, or will they be a drain on the economy? And last but not least, what assurance is there that the EEOC will make findings on complaints in an even-handed manner? I look forward to the testimony of our witnesses and appreciate the preparation they have undertaken to help us compile a record on which we may base the future of our domestic civil rights. We are happy to have Senator Kennedy here today and we will turn the time over to him. OPENING STATEMENT OF SENATOR KENNEDY Senator KENNEDY. Thank you very much, Mr. Chairman. I want to express my appreciation to the chairman of the Senate Committee on Labor and Human Resources, Senator Hatch, for continuing our detailed examination of sex discrimination by holding this hearing on sexual harassment in the workplace. Sexual harassment in the workplace has existed for a long time but has only recently emerged as an issue for public debate. The Equal Employment Opportunity Commission is to be commended for once again playing a crucial role in seeking to eliminate yet another of the practices and attitudes which perpetuate barriers to equality in employment. The guidelines on sexual harassment have served both to raise our level of awareness and to encourage employers to provide a working environment in which this practice will no longer be condoned. As significant as these guidelines may prove to be in removing another barrier to full equality, they cannot be viewed in isolation. Equality for working women has been mandated by title VII of the Civil Rights Act since 1964. Yet, the economic condition of these women continues to fall far short of the promise contained in the act. Sex discrimination remains a widespread social and economic evil. Although more women are working today than ever before, their economic status is worsening. In 1955, women earned 64 cents for every dollar that men earned; today, they earn only 59 cents. Millions of women continue to live in poverty. Few are visible in positions of authority; the vast majority are stuck in low-paying, dead-end jobs, with no real prospect for promotion. The central fact is that overcoming the deep-seated prejudices and customs which underlie discriminatory employment practices is neither an easy nor a fast process. So, as important and valuable as the guidelines on sexual harassment are, they will only be effective if Federal equal employment agencies enforce them. Yet, just as the Federal enforcement structure begins to show signs of making a real dent in the second-class economic status of women, there appears to be a major effort underway to drastically curtail these efforts. Immediately after the election, the Reagan transition team for the EEOC called for the elimination of affirmative action. Others would eliminate the Office of Federal Contract Compliance. Regulatory changes have been proposed which would eliminate coverage for 80 percent of Federal contractors. This committee, over the objections of the minority, has endorsed a 20-percent budget cut for EEOC and called for the virtual elimination of the aqency's program designed to eliminate systematic discrimination. Three months after taking office, the administration has failed to fill those positions most directly responsible for enforcing discrimination laws at both the Department of Labor and EEOC. If we are serious about eliminating sex discrimination, we must continue our commitment to goals and timetables. We should not kid ourselves that voluntary compliance will work. Programs without sanctions will not work. In the coming weeks, the administration's position on these matters will be made clear, and I am hopeful that the President will reject the advice of those who would turn back the clock in our historic commitment to equal employment opportunity just as these laws are beginning to bring a measure of fairness and equality to millions of working men and women. I thank the Chairman. The CHAIRMAN. Thank you, Senator Kennedy. At this point we will include in the record statements from Senator Williams and Senator Humphrey. [The prepared statements of Senator Williams and Senator Humphrey follow:] PREPARED STATEMENT OF SENATOR HARRISON A. WILLIAMS, JR. Senator WILLIAMS. This hearing is the second held by the Labor and Human Resources Committee this session centering on social and economic discrimination against women. Chairman Hatch deserves praise for focusing on this issue so quickly and so forth rightly. It is my understanding that today's hearing will deal specifically with the problem of sexual harassment in the workplace. This gives the committee an excellent opportunity to put to rest, once and for all, the notion that advances and innuendos directed at working women are predictable responses to verbal or nonverbal enticements of some sort. It is hard to believe that in this day and age any thinking person would believe such a thing. Unfortunately, this was the accepted explanation for sexual harassment during most of my professional life and, I imagine, there are those who still believe it. This hearing also gives the committee an opportunity to discuss the new EEOC guidelines for judging what sort or conduct constitutes harassment. These guidelines have already come under heavy criticism for lack of clarity and potential unfairness to defendants. This sort of criticism has been leveled against many beneficial statutes and regulations. Therefore, while the committee should make every effort in its oversight capacity to make appropriate clarifications and modifications in the new regulations, I hope that it will support the EEOC's initiative in this matter. There are few causes which are as important as the fight for social and economic equality for women. Sexual harassment in the workplace has traditionally been a major obstacle to social and economic progress for women. I am sure that all fair clear-thinking persons are committed to the removal of such obstacles. The only disagreement is over the role the Government should play in this effort. I am convinced that it is essential that the Government take a powerful and affirmative role in the battle against harassment as well as other forms of sexual discrimination. The EEOC's new guidelines represent this sort of commitment. It is a commitment that the new administration should not back away from. PREPARED STATEMENT OF SENATOR GORDON J. HUMPHREY Senator HUMPHREY. Mr. Chairman. I'm sorry that I am unable to join you in your important exploration of the issue of sex discrimination in the workplace. The Sea Power and Force Projection Subcommittee, of which I am a member, is now marking up the subcommittee's portion of S. 815, the fiscal year 1982 Department of Defense authorization, and it is most important that I attend this executive session. Despite my required absence, I want the witnesses to know that their testimony will be reviewed. Sex discrimination in the workplace is a troubling and controversial matter. Equal pay for equal work should be the rule, but sometimes there is difficulty in agreeing on a definition of "equal work." Furthermore, sexual favors should never be required for employment or advancement, nor should sexual favors ever be used by employees to gain a special status from their employers. Therefore, I look forward to hearing what the several distinguished panels have to say about the issue of sex discrimination in the workplace. The CHAIRMAN. Our first witness today will be Mr. J. Clay Smith, Esquire, Acting Chairman of the Equal Employment Opportunity Commission. Mr. Smith, we are happy to have you with us. Mr. Smith? STATEMENT OF J. CLAY SMITH, JR., ACTING CHAIRMAN, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ACCOMPANIED BY LEROY D. CLARK, GENERAL COUNSEL, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; KAREN DANART, ACTING DIRECTOR, OFFICE OF POLICY IMPLEMENTATION, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; AND MERLE HELEN MORROW, SUPERVISORY ATTORNEY, OFFICE OF POLICY IMPLEMENTATION, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Mr. SMITH. Chairman Hatch, Senator Kennedy, and other members of- The CHAIRMAN. Could you move your microphone up close to you, Clay, so that everybody in the room can hear you? Mr. SMITH. Senator Hatch, Senator Kennedy, and other members of the committee, I am J. Clay Smith, Jr., Acting Chairman of the Equal Employment Opportunity Commission. Sitting with me today to my far left is Merle Morrow of the Office of Policy Imple |