Update on U.N. World Conference on Women

The United Nations World Conference on Women (in Copenhagen) ended with the United States not signing the Program of Action. The U.S. Delegation did say they supported most of the 48 resolutions and recommendations of the Conference, however, they concluded that they could not support the Program of Action in toto. Arvonne Fraser, U.S. Delegate, summed it up simply, "It is true that the U.S. Delegation was unable to sign the Plan of Action due to the PLO language that was contrary to U.S. foreign policy, however, some exceedingly important accomplishments were made in the Committees." These accomplishments of which she speaks included: recognition was given to the high proportion of refugees that are women and children and to the special problems that they face relating to pregnancy, lactation and sexual abuse. Another problem, dismissed previously at the Mexico City Conference in 1975, was finally recognized in Copenhagen-the fact that women are heads of households. In addition, violence against women, both in the home and the workplace, was targeted as a problem.

In summary, many attendees found the conference to be a disappointment because the agenda issues "health, education and employment of women" were not given prime attention-instead the conference became bogged down in discussions of world politics.

What Are the Goals of the Decade for Women?

Equality does not only mean achieving legal equality for women and eliminating discrimination against them. It also means women having equality of rights, respon sibilities and opportunities in every aspect of life. But this can only happen if wornen have the means, the money and the power, on the same basis as men, to allow them to take an equal role. To achieve this "affirmative action" for women may be required, at least temporarily, to compensate for and correct past injustices.

The recommendations in the Plan of Action, drawn up in Mexico, are designed to solve the problems which have caused women to be in an inferior position to men

throughout the world. Specifically, the Plan lists 14 minimum objectives which Govern ments were to achieve by 1980, half way through the Decade:

1. Increase literacy rates, especially for rural women.

2. Extend co-educational technical and vocational training.

3. Provide equal access to education, establish compulsory primary education, and prevent school dropouts.

4. Increase job opportunities for women, reduce unemployment, and eliminate onthe-job discrimination.

5. Increase support services.

Winter 1981

Real change will only happen when Governments take women's concerns seriously.

Women are half the population of the world but they do not share equally in the world's resources and rewards.

6. Introduce laws guaranteeing equality for women and ensuring their right to vote and stand for elected office on an equal basis with men.

7. Make sure there are more women in policy-making jobs at all levels.

8. Increase welfare services for health education, sanitation, nutrition, family education and family planning.

9. Ensure equality in the exercise of civil, social and political rights.

10. Recognize the economic value of women's unpaid work.

11. Re-evaluate the roles of men and women through education.

12. Promote women's units within trade unions and in educational, economic and professional institutions.

13. Develop modern rural technology, daycare centers, cottage industries, and timeand energy-saving devices to reduce the heavy workload of women, particularly those in rural areas and urban slums. 14. Establish government machinery to speed up the achievement of equal opportunities for women and their full par. ticipation in national life.

How Well Have Governments Im
plemented the Plan of Action?

Most governments have adopted strategies for the advancement of women which explicitly or implicitly incorporate the recommendations of the World Plan of Action. Most countries now have legislation guaranteeing equal rights for women and many governments have established women's bureaus and commissions to speed up the achievement of equal opportunities.

Yet despite this many women are worse off today than they were five years ago, particularly those in rural and poorer urban areas. For example:

⚫ female illiteracy rates have increased in many countries

• middle class women have made educational gains but these have not been matched by an increase in suitable jobs

⚫ the introduction of new technology has taken jobs away from women and impaired their health

the current world economic crisis has affected women seriously by increasing their unemployment and cutting back on essential services

This is shown by an evaluation of progress made during the first half of the Decade in implementing the Plan of Action. Ninety-three Governments answered an extremely detailed questionnaire sent to them by the United Nations covering every aspect of women's condition.

If Most Countries Have Laws
Guaranteeing Women Equal Rights,
Why Have They Not Been Effective?

Laws guaranteeing women equal rights with men are essential but they are not sufficient on their own. They must be paralleled by adequate enforcement measures, otherwise they remain dead letters and promote lack of respect for the law.

What Efforts Were Made to Stem Discrimination at the World Conference?

The United States in a ceremony at the World Conference on Women joined 52 other nations in signing the Convention on the Elimination of All Forms of Discrimination Against Women.

Sarah Weddington, signing for the U.S., said "We hope that the signature of this Convention by the United States and by so many of the other States assembled here will bring results." She added that for many women who have "struggled with the U.S. Constitution, to add the equal rights for women amendment, this is a proud moment for us." This six-part, 30-article Convention lists what governments should do to eliminate discrimination in all areas of life: political and public, the right to nationality, education, employment, health, marriage and family. The rights of rural women are given special attention, as are the elimination of stereotypes and the suppression of prostitution. Its adoption is viewed as a landmark in the history of women.

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Reagan Views

Reagan Speaks Out on Women's Issues

In response to Women Today's ques tionnaire, President Ronald Reagan during the election gave his views on the following questions regarding women's issues and concerns:

1. How important are women's issues? REAGAN: Clearly very important. Women are 53% of the population and 42% of the workforce. Working women have a special stake in the well-being of our economy. Today, the economy is in shambles. Inflation is at historically high levels. Interest rates are the highest since the Civil War. Joblessness is rampant. Productivity lags and this has made the United States uncompetitive in the international market place... As the economy has stagnated, so have women's opportunities in the job market. Instead of growing, healthy economy to produce more economic options for women, we have had just the opposite. Women have felt the sting of this economic stagnation in many ways...I have proposed an economic program for the 80's which will get the economy moving again so that we can bake a bigger pie with bigger slices. This will enable working women to partake more fully by expanding job opportunities and creating new economic options within a growing and prospering economic environment."

2. What is your position on ERA? What action will you personally take to ensure equal rights and equal opportunities for American women?

REAGAN: I am unswervingly and absolutely committed to the goal of equal rights and equality for women. I acknowledge the legitimate efforts of those who support or oppose ratification of the Equal Rights Amendment, an issue which is now in the hands of individual state legislatures. My position on ERA would be the same. The sole responsibility for passage is, and has been, in the hands of state legislatures for years. I recognize and appreciate the views of those on both sides of this issue. I am unswervingly committed to the goal of equal rights and equality for women. I have proposed immediate steps to see that the goal of equality for women is accomplished. I have: called for a partnership between the 50 Governors and the Federal Executive; to identify those state laws which continue to discriminate against women, and to see that these laws are abolished. I have also called for the creation of a special office to identify those Federal laws which continue to discriminate against women, and to see that these laws are abolished.

3. What will your stand be on (a) abortion, (b) Medicaid funding for abortions and (c) abortion for women

4. What will you do to ensure that the recommendations of the National Plan of Action adopted in Houston, Texas, are carried out?

REAGAN: I particularly support those proposals which advance equal rights and equal opportunities for women and advance women's worth in society and in the jobs women hold, without demeaning the important contributions made by women at home. I favor: total integration of the work force (not separate but equal) as necessary to bring women equality in pay; improved early career counseling and job training for girls and young women to widen the opportunities for them in the world of work; reevaluation of the conditions of women workers concentrated in low-status, lowpaying jobs so that their opportunities can be improved; the development of adequate child-care opportunities, especially for those female heads of households who are at the poverty level, yet have a very large percentage of our nation's children; revision of the Social Security and pension systems to redress existing biases against

women.

President Ronald Reagan

No American should be discriminated against because of race, ethnic background, sex, or religion in hiring, education, or in any other way. In fact, while I was Governor of California, we adopted a non-discriminatory appoint. ments system, with a careful eye for qualified and minority aspirants. As a result, we appointed more minority and women members to state posts than had any previous California governor. Such programs, whether government or private, which make an extra effort to find qualified applicants are beneficial. They ensure that minority and women members will not be overlooked, and help provide them with equal opportunity for further advancement. However, we must not allow this concept of equal opportunity to be distorted into Federal guidelines of quotas which require race, ethnicity, or sex-rather than ability and qualifications-to be the principal factor in hiring or education. Increasing discrimination against some people in order to reduce it against others does not end discrimination. Instead, we should make a bold commitment to economic growth, to increase job and education opportunities for ALL Americans.

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NRC Federal Women's Program News

Chairman James M. Hanley, Subcommittee on Investigations of the Committee on Post Office and Civil Service of the U.S. House of Representatives told a group of government officials who testified before him on September 25, that "Before our hearings, public discussion on this subject was almost nonexistent. Today, that is no longer the case. When I opened the first hearing on sexual harassment last October, I said that sexual harassment was an everyday, everywhere occurrence and that a 'boys will be boys' atmosphere should not be tolerated in the Federal government. That statement is as valid today as it was many months ago."

There have been disagreements about what constitutes sexual harassment, how widespread that harassment is and how serious the consequences of the sexual harassment are for employee morale and safety. In October-November 1979, Chairman Hanley conducted a preliminary investigation of sexual harassment. Although the investigation was limited to an examination of 100 complaints, the findings were serious enough to cause Hanley to ask the Merit Systems Protection Board to conduct a thorough and authoritative survey of sexual harassment in the Federal workplace. He and the Subcommittee wanted to find out if the results of their limited study would be borne out in a thorough scientific study. No such authoritative scientific study had ever been conducted before. Thus the MSPB study is the first definitive study of sexual harassment.

Study Finds Sexual Harassment Widespread in Government

The Merit Systems Protection Board study of 23,000 Federal employees showed sexual harassment in the Federal government to be widespread, deeply felt and considered by respondents to be a major problem.

The survey found that:

• A variety of uninvited sexual behaviors

are considered harassment;

⚫The problem is distributed among women (and some men) of various backgrounds, positions, and locations; and • Victims do not know their rights or what avenues are available for redress of their complaints.

In the study 1% of the women were victims of actual or attempted rape or sexual assault. Extrapolating from the sample to the total Federal workforce, this means that about 9,000 women were victims of this

most severe form of sexual harassment. At least 29% of the women, or about 200,000 women, were victims of "severe" sexual harassment, and at a minimum 12% or about 85,000 were victims of "less severe" sexual harassment. The study shows that 58% of the women, or about 400,000, were non-victims.

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The survey found that 15 percent of the men who answered the detailed questionnaire reported they had been subject to some form of sexual harassment within the last two years. There are no figures available, however, to indicate whether the male experience was heterosexual or homosexual. But the women reported that the overwhelming majority of the unwanted sexual attention came from men. Ruth T. Prokop, Chairwoman of the Merit Systems Protection Board, wrapped up her testimony before the Subcommittee by stating that "Forty-two percent of all women Federal employees have recently been the victims of sexual harassment in some form." She assured that these victims cannot and need not wait for long. term solutions to this problem, and that women who pursued available remedies for sexual harassment met with considerable success. Prokop said: "Clearly, government-wide effort should be made to encourage all Federal employees to pursue available remedies. Moreover, the greatest number of women victims endorsed management actions involving tougher sanctions and enforcement as the most ef fective remedies. Thus, I would urge that all Federal agencies not only conduct immediate, thorough investigations of sexual harassment, but also that they enforce penalties against harassers."

Sexual Harassment Erodes All Aspects of Employment Experience, Contributing to Absenteeism, Turnover, Drop in Productivity, and Loss of Work Motivation

Workshops on Sexual Harassment Held at NRC

On November 12 through 20, Dr. Mary M. Fuller, a contract specialist, conducted 4-hour workshops on sexual harassment for NRC managers and supervisors in the Landow Building training rooms. This was in accordance with OPM and EEOC requirement that Federal agencies institute training for managers and supervisors to "encourage them to affirmatively and convinc. ingly inform their employees that sexual harassment is illegal and to take specific steps to prevent it."

NRC Federal Women's Program News

In the Workplace

EEOC Sexual Harassment Guidelines

EEOC Guidelines become necessary because the illegal practice of sexual harassment remains widespread. Employers must now take specific steps to prevent it. Previous court rulings support EEOC's stand that sex-related intimidation is sex-based discrimination,

EEOC places the burden on employers - employers have an affirmative duty under Title VII to ensure that a work situation is free of discrimination in any form-based on race, sex, color, religion or national origin.

Criteria for determining whether an action constitutes unlawful behavior are as follows:

• if submission to the sexual advances is a condition of employment, whether expressed in explicit or implicit terms.

• if employment decisions are based on an employee's submission to or rejection of sexual advances

⚫if the sexual conduct has the effect of substantially interfering with an affected person's work performance, or of creating an intimidating, hostile or offensive work environment.

Accordingly, 29 CFR Chapter XIV, Part 1604 is amended by adding Section 1604.11 to read as follows:

Part 1604-Guidelines on Discrimination Because of Sex

Section 1604.11 Sexual harassment. a) Harassment on the basis of sex is a violation of Sec. 703 of Title VII." Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) sub

mission 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 (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 environ. ment.

b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case-by-case basis.

c) Applying general Title VII principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relation ship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

d) With respect to conduct between fellow employees, an employer is responsible

What Options Are Open to the Victim of Sexual Harassment

1. Recognize it for what it is, and under

stand that it is not your fault. You have a right to complain and take action.

2. If possible, confront the offender directly if you think he or she can be reasoned with or scared off. Make it clear you are not interested and that this behavior is unacceptable.

3. Keep a written record of the incidents of harassment, and of your complaints and their results. If people are present during the harassment, say something like, "Did you see so-and-so do such-andsuch...?" The observers will be more likely to remember the incident. Get their names down in your documentation.

4. Talk to good friends, to co-workers, to relatives. It is important to have a strong support system at this time. If you keep feelings to yourself, you will most likely remain isolated and powerless. By speaking out and documenting the incidence and forms of sexual coercion, you help yourself as you contribute to defining sexual harassment as a social problem. A sense of being able to affect your own life replaces the sense of isolation.

Winter 1981

5. To get information or advice about tak-
ing further action against the harasser,
contact one or more of the following:
a) In every agency:

your supervisor or a supervisor
above him or her
Federal Women's Program Mgr.
EEO counselor
personnel office

union representative

employe counseling services

If you do not wish to speak with anyone
in your agency call:

U.S. Office of Personnel Mgmt.
Federal Employees Advisory Serv.
R. Rodriguez or W. Medley
202/632-6057

EEOC

Enforcement Division 202/634-1947

Choose among the suggested contacts on the basis of who is involved in the complaint and which persons you would be comfortable to talk with.

From: OPM Workshop on Sexual Harassment

for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immedi ate and appropriate corrective action. e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer, (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such nonemployees.

f) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from oc curring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned. g) Other related practices

Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.

*The principles involved here continue to apply to race, color, religion or national origin

"Sexual Nonharassment" Added to EEOC Guidelines

When EEOC sent out its Sexual Harassment Guidelines for public comment, several commentators raised the question of whether a third party who was denied an employment benefit would have a charge cognizable under the law where the benefit was received by a person who was granting sexual favors to their mutual supervisor.

For example, if Ms. B is moving up in the organization because of a sexual liaison with her boss, does Ms. Y, the third party, have a right to complain?

To cover this kind of situation, EEOC added the following subsection to the Guidelines:

"Other related practices: Where employ ment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sexual discrimination against other per sons who were qualified for but denied that employment opportunity or benefit.'

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