Male-on-Male Workplace Sexual Harassment at New Record Levels

Male-on-Male Workplace Sexual Harassment at Record Levels
~ Masculine Aggression Still Accepted in Workplace Culture ~
~ Discrimination Based on Gender Identity & Expression Not Against
Federal Law ~

WASHINGTON (February 13, 2007) -- With no fanfare and little media
attention, the Equal Employment Opportunity Commission (EEOC) released in
early February its 2006 statistics on job discrimination with the news
that complaints were on the rise for the first time in four years.
Today, the Gender Public Advocacy Coalition (GenderPAC) called on the
government and corporate America to address the underlying causes of
gender-based harassment, which accounted for nearly one-third of all
complaints.

"Locker-room bullying that enforces codes of masculinity on the job
continues to create hostile workplaces," said Riki Wilchins, Executive
Director of GenderPAC. "As more male employees realize such behavior is
now actionable, they are filing suit."

A record-breaking 15.4% of sexual harassment cases were filed by men in
2006, a category of complainants that has been steadily increasing over
the past decade. The EEOC does not track the gender of the accused
aggressors, however, independent research and tracking of court cases
validates that the majority of these cases are male-on-male harassment.

In 2006, the Federal Court of Appeals for the Second Circuit held that
the sex discrimination claim of Gregory Miller - a small, non-muscular
man with a disability who was subjected to frequent verbal harassment
by colleagues and supervisors for not being a "real man" and assigned a
work regimen intended to "toughen him up" - was valid. The Supreme
Court laid the ground for such rulings in 1998 in the landmark Oncale v.
Sundowner Offshore Services decision, which held that same-sex sexual
harassment is a form of discrimination protected under Section VII of the
Civil Rights Act of 1964.

"There's a tendency to dismiss workplace bullying where men use sexual
taunts, simulated sex acts, feminine pronouns, and threats of sexual
aggression against other men as just locker-room mentality," said
Wilchins. "But employers should take note: the courts have moved the goal
posts and we're going to see more instances of male-on-male harassment
being reported."

Only eight states have passed specific laws that protect workers from
discrimination based on gender identity or expression ? protections that
could prevent male-on-male harassment. Another fifteen states have
enacted comparable protections through court or administrative rulings.
Over seventy local municipalities have codified similar measures, as well
as 177 major corporations and 77 colleges and universities.

"The federal government and the EEOC are woefully behind corporate
America and many state governments in setting policies that protect
employees, regardless of whether they fit expectations for masculinity or
femininity," said Wilchins. "GenderPAC calls on Congress to pass
appropriate legislation to compel the EEOC to track discrimination faced by all
Americans."

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The Gender Public Advocacy Coalition (GenderPAC) works to ensure that
classrooms, communities, and workplaces are safe for every person
whether or not they fit stereotypes for masculinity or femininity. For more
information, visit http://www.gpac.org.