Loophole: Hearing The Classist Undertones of Sexual Harassment Policies

Fragility

    In response to the reconstruction era amendments passed after the civil war, several southern states enacted requirements including literacy tests, poll taxes and constitutional quizzes; standards that were implicitly allowed, according to an NPR Codeswitch article. (Greenblatt, “The Racial…”)   Given that negatively affected African Americans lacked the resources to challenge these measures, it is generally believed that they were created to circumvent the constitution and discourage blacks from voting.  However, realizing these requirements would also impact poor whites who couldn’t meet the conditions, the states concocted a loophole: laws that would let men who could vote prior to 1867 be exempt.  These are known as “grandfather clauses” and the social engineering surrounding them are echoed by recent sexual harassment initiatives; whether intentionally or not.
            It’s no secret that millennials are the most educated generation in history, and one can only assume that statement will probably continue to apply to gen Z.  True, there are data that show upward mobility is lower for us compared to our parents, but there are a few variables for why that may be, such as: high bar set by baby boomers (hard to surpass a relatively prosperous generation); degrees may get you less glamorous jobs nowadays (think highly educated garbagemen in the future); etc.  Regardless, the amount of the degree holders by the age of 29 has steadily increased across demographics from gen silent (1964) to gen Y (2016), irrelevant of the actual employment quality.  Further, it goes without saying that spaces that once were homogenized relative to race and gender are beginning to become quite integrated.  And with diversity initiatives on the rise at universities and companies this trend probably won’t recede anytime soon.
            Unfortunately, when only superficial homage is paid to civility, and the underlying social issues aren’t resolved, history is bound to repeat itself.  What I’m implying is rather than serving as an ethical call to reform as is advertised, I believe movements like #Timesup and to an extent #Metoo, are indirect means to enforce classism or, at the very least, segregation on campuses and in professional environments.  This is in response to the cultural amalgamation that is growing in these spaces, and these movements serve as a means of defining boundaries, specifically between the sacred white female and those who otherwise wouldn’t have been in positions to interact with them; i.e., non-white/European men (of course this could apply to non-white homosexual women).    
            I’d assume the immediate retort to my claim that increased guidelines for behavior around women in professional settings is that they have nothing to due with race or class.  That they are instead to promote awareness, safety, etc.  However, the restrictions of the reconstruction era were, similarly, disguised as legit criteria: necessary to ensure an informed voter; a sentiment which is reasonable, but we now know wasn’t the true intention.  Given, I’m not sure the ethical argument is solid.  Furthermore, it wouldn’t be the first time steps have been taken to set classist boundaries relative to gender.  New York University history professor Martha Hodes terms “the sexualization of Reconstruction politics” as violent tactics enacted by the KKK out of fear that, as Tanya Hernandez of Fordham University school of Law puts it: “Black male suffrage meant Black male access to the privileged domain of White Womanhood.” (Hernandez, “Sexual Harassment…”)  
            Another counter to the grandfather clause theory may be that it implies that only white women make harassment claims.  Though, I’d argue that that is what makes it such an effective cover: one can’t dissect it without accidentally making more touchy implications.  Still, from research I’d assert that the keyword is probability; as in, the demographic most probable to be offended, triggered or made uncomfortable by male behavior is white women.  Hernandez supports my observation in the article, insisting at least one study suggests white women, generally, perceive incidents to be more serious than women of color; they have a wider set of parameters for what classifies as harassment.  
            It should be noted that trying to analyze data relative to social phenomena such as sexual harassment claims is pretty much useless.   This is because there are so many variables, hidden and documented, that an implication could be made in either direction.  For example, Hernandez’ article shows how white women accounted for 62% of sexual harassment charges and 85% of the civilian labor force in 1992.  In the same vein, black women accounted for 14.4% of charges but, strangely, made up only 11.5% of the labor force. (Hernandez, “Sexual…”) Such inconsistencies make the quality of numerical data questionable; one source uses the word “paucity” to describe the lack of credible sexual harassment research. 
Interestingly, in another article titled “I’m Not Thinking of It As Sexual Harassment” researchers use focus groups of Canadian women to analyze how different races label certain behavior.  They showed that there was consistency within white women’s harassment criteria: the boundaries were more concrete. They note “white women may perceive more opportunities to file complaints given their privilege in the legal system over other racialized and noncitizen groups.” (Welsh, “I’m Not Thinking…”)  This highlights the chicken/egg dependency between lawmaking and behavior. 
Further, they explain how the consensus in the group of black women was “sexual harassment” wasn’t as fitting a term for their experiences in the workplace, compared to white women.   Their discussions often showed black women felt sexual harassment was “easier to handle” and that racial discrimination was a more relevant issue.  Now, I’d argue this alludes to the perceived fragility of the white female, but the researchers seem to imply black women have more tolerance for inappropriate male behavior.  They insist “While not explicitly discussing a reluctance to report Black male harassers, this group of women tends to view harassment from Black men as something that is normalized and hence not defined as harassment.” 
Granted, I’d usually be willing to admit that this excerpt disproves my theory.  However, since the trigger word “harassment” was used, instead of a more neutral word like behavior, especially considering the women were hesitant to use the former, I must disregard the quote due to bias. 
Nevertheless, there are other significant observations.  Ones in which the professional status of the women was more uniform, and where ideology was still split among race; which leads me to believe the heightened awareness around sexual harassment is more a classism enforcement scheme than a step towards female empowerment.  
An example that comes to mind was episode 128 from Season two of Steve where the guests were: Areva Martin, Terri Vaughn, and Venus Nicolino (aka Dr. V).  Although I generally don’t give too much credence to talk-shows, I think this case serves as a good reference point; given the women were all successful and of relatively equal attractiveness.  So, hypothetically, “lower standards” can’t be blamed for differing opinions.  Shortly put, the question posed was whether it is ok for a man to hit on them in the office.  Why was I not surprised that all three poc’s on the panel, including Steve, felt that when executed respectfully it isn’t a big deal.  Keep in mind, Areva and Steve are married.  The sole objector was Dr Nicolino, who is Italian and married as well.
It’s in instances like above where I apply applications of science to social issues.  For example, utilizing the methods of circuit analysis, I relate inequality to voltage, aka potential difference.  Doing this allows me to focus on the disparity (analogous to magnitude), which is more informative than trying to categorize the behavior as “good” or “bad” (analogous to direction).  Of course, on a multiple-choice Physics test, a student should probably know what direction the voltage drop is in.  However, on an open answer section I think any professor would be glad to know a student can at least obtain the magnitude.  
To clarify, one can’t help but notice the contrast of opinion among the panelists: if Dr. Nicolino’s objection was really about safety, then it would’ve been more unanimous.  So, I can only assume from such examples that these social boundaries are continually being set to preserve the white/European supremacy.
I’m also aware that a lot of recent major sexual harassment claims have been enacted towards white men.  Though, I’d argue that rather than serving as counterexamples to my theory, they are mere casualties of war, so to speak.  Like how the voting requirements instituted by the southern states in the 1800’s affected not only blacks: poor whites and Hispanics were also caught in the crossfire, hence the need for special clauses that granted exemption; the intention was still stopping blacks from registering to vote.  So, no matter how much collateral damage the anti-harassment movements have accumulated or will in the future, my classism assertion still holds.
            Overall, the suddenly increased guidelines for cross gender interaction in professional settings are not unlike the grandfather clauses of the reconstruction era.  The purpose may seem admirable on the surface, but the calls for heightened awareness relative to sexual harassment are actually subtle forms of social filtering, meant to solidify class boundaries in an increasingly integrated America.  
            Further, this sentiment perpetuates the notion that white and/or European women are of greater value, or delicacy; given that this demographic is usually the most vocal about harassment and, as exemplified before, have the most rules about how/when to communicate with them.  Throughout other blogs, I’ll question the root cause(s) of classism and inequality, and pitch solutions: some of which may be radical.  Until next time, thanks for reading my blog and, as usual: stay pissed.
References
Graff, Nikki.  “Today’s young workers are more likely than ever to have a bachelor’s degree.”    http://pewrsr.ch/2qruRby.
Greeenblatt, Alan.  “The Racial History of the ‘Grandfather Clauses’.”  www.npr.org/sections/codeswitch/2013/10/21/239081586/the-racial-history-of-the-grandfather-clause
Tanya K. Hernandez, Sexual Harassment and Racial Disparity: The Mutual Construction of Gender and Race, 4 J. Gender, Race and Just. 183 (2000-2001) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/12
Welsh, S., Carr, J., MacQuarrie, B., & Huntley, A. (2006). "I'm Not Thinking of It as Sexual Harassment": Understanding Harassment across Race and Citizenship. Gender and Society, 20(1), 87-107. Retrieved May 18, 2020, from www.jstor.org/stable/27640867

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