Sexual Harassment in New Hampshire

Rebecca Kaufman's picture
By Rebecca Kaufman on Tuesday, April 22, 2003.
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The sexual harassment charges recently settled against New Hampshire's former Fish and Game director Wayne Vetter received a lot of attention.

They also cost the state thousands of dollars.

But most sexual harassment charges don't make the headlines.

And many never go to court.

But as NHPR's correspondent Rebecca Kaufman reports, sexual harassment and discrimination in the workplace is by far the number one complaint filed with New Hampshire's Human Rights Commission.

NEW HAMPSHIRE'S COMMISSION FOR HUMAN RIGHTS HAS RECEIVED 294 COMPLAINTS SO FAR THIS YEAR.

OF THOSE NEARLY 50% WERE GENDER RELATED.

AND ALMOST 75% OF THEM ARE FROM PEOPLE WHO FEEL THEY HAVE BEEN SEXUALLY HARASSED AT WORK.

THAT MEANS PEOPLE IN NEW HAMPSHIRE COMPLAIN MORE OF SEXUAL HARASSMENT AND DISCRIMINATION THAN PREJUDICES BASED ON DISABILITY, AGE, RACE, AND NATIONAL ORIGIN.

NOT ALL THE CHARGES END IN SETTLEMENTS.

IN 2002 ALMOST HALF THE CASES WERE DISMISSED.

STILL, NEW HAMPSHIRE'S HUMAN RIGHTS COMMISSION SPENDS A LOT OF TIME INVESTIGATING THE CHARGES.

KATHARINE DALY IS THE EXECUTIVE DIRECTOR AT THE COMMISSION.

SHE SAYS SEXUAL HARASSMENT IS MORE COMPLICATED THAN OTHER FORMS.

KDONE: when we see examples of racial harassment where really ugly racial used, religious, national origin, most people are revolted by examples, they know it when they see it, that kind of hatred not normal, sexuality is different, sexuality is under certain circumstances a very normal part of behavior, that?s why gray area, harassment is the problem, not sexuality

DALY SAYS THERE IS NO SINGLE EXPLANATION FOR WHY GENDER BIAS MAKES UP THE MAJORITY OF COMPLAINTS IN NEW HAMPSHIRE

BUT SHE SAYS DEMOGRAPHICS COULD HAVE A LOT TO DO WITH IT.

KDTWO
its not that we have so many sexual harassment complaints but that we have fewer others, we don't have the most diverse population in the world, the two largest groups are men and women

NATIONALLY, CHARGES OF ETHNIC DISCRIMINATION TOP THE LIST AT THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

THE SECOND IS SEXUAL HARASSMENT DISCRIMINATION.

MAINE IS A STATE WITH A SIMILAR POPULATION TO NEW HAMPSHIRE.

BUT ONLY 37% OF THE 800 CHARGES FILED WERE FOR SEXUAL HARASSMENT DISCIMINATION.

JIM REIDY IS AN EMPLOYMENT LAWYER AT SHEEHAN, PHINNEY, BASS AND GREEN.

HE SUGGESTS THAT EMPLOYEES ARE FILING CHARGES BECAUSE THEY KNOW WHAT SEXUAL HARASSMENT IS.

JRTHREE
I'm not a psychologist or sociologist, people understand the general definition or they think they understand the definition and it's a complaint they now know how to bring.

HUMAN RESOURCES CONSULTANT ANN MCARDLE PROVIDES TRAINING TO BUSINESSES ON SEXUAL HARASSMENT ISSUES.

SHE BELIEVES THAT DESPITE AWARENESS, IT'S A PROBLEM THAT WILL PERSIST.

AMFOUR: As a society we still haven't learned what it means to respect each other, there are people who don't know how to deal, sex harassment power issue

EMPLOYMENT ATTORNEY JIM REIDY AGREES.

AND HE SAYS IT'S NOT JUST BETWEEN MEN AND WOMEN ANYM0RE.

JRFIVE: there's a book out there it talks about the toxic co-worker, you will always have conflict, it used to be men and women, its no longer that, its men and men, women and women, always be something there

COMMISSION FOR HUMAN RIGHTS' KATHERINE DALY SAYS THE MOST EFFECTIVE WAY TO HANDLE SEXUAL HARASSMENT IS FOR BUSINESSES TO HAVE A POLICY THAT WORKS.

AND SHE SAYS HAVING A GOOD POLICY IS IN A BUSINESS'S BEST INTEREST.

JRSIX: law puts the burden for appropriateness of workplace on employer, it is violates, employer pays the cost, there best interest to drive defensively and take steps to prevent it in first place

DALY POINTS TO A CASE IN WHICH FIRST SAVINGS BANK PAID OVER 370,000 DOLLARS IN DAMAGES TO AN EMPLOYEE.

THE WOMEN WHO ACCUSED FORMER FISH AND GAME HEAD WAYNE VETTER FOR SEXUAL HARASSMENT SPLIT 80,000 DOLLARS OF STATE MONEY.

AND ATTORNEY JIM REIDY USES THE EXAMPLE OF A FORD DEALERSHIP IN TEXAS.

SIX EMPLOYEES THERE DIVIDED 840,000 DOLLARS AS PART OF A SAME SEX HARRASSMENT SETTLEMENT.

BUT JIM REIDY SAYS BUSINESSES DON?T SUFFER ONLY MONETARY DAMAGES.

JRSEVEN: any time you have a complaint its very disruptive, stakes are so high these days, only since late 70s and it really developed what legal liability is lost wages, adverse publicity

JIM REIDY SAYS SEXUAL HARASSMENT LAWS ARE NOT INTENDED TO IMPOSE MORALITY IN THE WORKPLACE.

HE SAYS THE LAWS DEFINE A THRESHOLD OF WHAT IS APPROPRIATE BEHAVIOR.

FOR NHPR NEWS, I'M RK.

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