Harassment - What is it?

All too often, a letter carrier will call the Branch office and make the statement, “I am being harassed by my supervisor”. We know from language in our contract and handbooks and manual as well as various memorandums that managers and craft employees are prohibited from “harassing” employees.

So how do we know if we are truly being harassed! Management’s publication 552 and federal discrimination statutes define “harassment” as unwelcome verbal or physical conduct that demeans or shows hostility or aversion toward an individual or group of individuals because of there RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE(40 +), MENTAL OR PHYSICAL DISABILITY, or in RETALIATION FOR EEO activity.

To be considered harassment under the law, the behavior must also: 1) result in an intimidating, hostile or offensive work environment; 2) unreasonably interfere with an individual’s work performance; or 3) otherwise adversely affect an individual’s employment opportunities. The behavior must, in its totality, alter the terms, conditions and privileges of employment.

I believe this covers a broad spectrum when it relates to terms and conditions of employment. This is the National Agreement (contract) and related Memorandums. This is about dignity and respect in the workplace and the way you are treated by both managers and other employees. Some examples of harassment may include: 1) making offensive or derogatory comments. These include but are not limited to nicknames or slurs; 2) engaging in negative stereotyping; or 3) engaging in physically threatening, intimidating an, or humiliating actions. Harassment also may include circulating written graphic material (by paper or e-mail or by making it viewable in the workplace) that belittles or shows hostility or aversion toward an individual or group protected under anti-discrimination laws. In addition, acts involving force or coercion may constitute criminal offenses.

Publication 552 defines “hostile environment harassment” most often as a pattern of continuing unwelcome behavior that unreasonably interferes with an employee’s work performance or that creates an intimidating, hostile, or offensive work environment.

A few examples are: 1) Using racially derogatory words, phrases or nicknames; 2) Making derogatory remarks or intimidating references to an employee’s mental or physical impairment; 3) Making offensive remarks about a person’s looks, clothing or body parts; 4) Applying pressure for dates; 5) Using sexual innuendo; 6) Spreading false rumors about a person’s sex life. Again, these are only some examples.

Normally, a single incident, unless severe, generally does not constitute illegal harassment. A few of points to note concerning the 552 publication is that:

1) Hostile work environment claims can encompass harassing behavior that is not necessarily sexual in nature. It can be the singling out of one group (age 40+, color, race, national origin) or sex with acts of aggression, intimidation, hostility, rudeness, name calling or other types of abusive conduct.

2) Behavior or actions can be considered harassment even if the alleged harasser did not intend to offend.

If you believe you are being harassed at work there are tools that you can use to stop harassment. The first step is to keep records of who, when, where and what is the inappropriate conduct. Are there any witnesses to the misconduct?

All letter carriers can utilize the grievance procedure as well as the Equal Employment Opportunity (EEO) processes that are available.

As more and more pressure is being put on local managers, more and more pressure will be put on letter carriers. Our contract demands that workers be treated with dignity and respect and that there is no excuse for harassment.

Only letter carriers, however, can enforce these ideals by refusing to be threatened and intimidated in the workplace. Your Silence is Your Consent!