Labor Department tells senators it’s too ‘complex’ to collect sexual harassment data

The Labor Department told Democratic senators that it can’t collect data on sexual harassment in the workplace because it would be “complex and costly.” On Monday, Democratic senators dismissed that justification.

In January, 22 Democratic senators sent a letter to labor department officials requesting the department act on studying sexual harassment. Sen. Kirsten Gillibrand (D-NY) signed the letter and Sens. Kamala Harris (D-CA) Elizabeth Warren (D-MA), Bernie Sanders (I-VT), and others co-signed the letter, according toBuzzFeed.

Referring to the #MeToo movement, the letter noted that “there has not been an exact accounting of the extent of this discrimination and the magnitude of its economic costs on the labor force. We therefore request your agencies work to collect this data.”

CNN was the first to obtain the Labor Department’s response, which was addressed to Gillibrand. The department’s letter read, “There are a number of steps involved in any new data collection, including consultation with experts, cognitive testing, data collection training, and test collection. Once test collection is successful, there is an extensive clearance process before data collection can begin.”

The department went on to say that employers would have difficulty providing the information they’re requesting and that requesting additional information for the Bureau of Labor Statistics survey “may have detrimental effects on survey response.”

The letter mentions “alternative sources of information on sexual harassment,” such as the Bureau of Justice Statistics’ National Crime Victimization Survey, but senators sent a letter in response that essentially balked at that recommendation.

“…the Department is surely aware that not all sexual harassment rises to the level of a violent criminal act and therefore would not be captured by this survey,” the letter read.

Senators called the justifications for declining to work on the issue “wholly inadequate” and wrote that since they “hope that the Department would always consider rigorous methods inherent in data collection,” the department’s mention of its complexity should not justify the decision to not study sexual harassment. Senators also mentioned that the U.S. Merit Systems Protection Board did this type of data collection and analysis in the ’80s and that “Surely the government’s capacity to collect this data has only become more sophisticated over the past several decades.”

Senators from both parties asked the labor secretary to take some kind of action on sexual harassment at an April Senate panel on the budget. According to Bloomberg, at the time, Labor Secretary Alexander Acosta “expressed willingness to act.”

Many researchers have looked at the economic cost to harassed women themselves. Heather McLaughlin, an assistant professor of sociology at Oklahoma State University, has studied the career effects of sexual harassment and found that a lot of the women who quit jobs because of sexual harassment changed careers and chose fields where they expected less harassment. But that meant that some of those fields were female-dominated, and many female-dominated fields pay less. Some women were more interested in working by themselves after the harassment.

” … but certainly they’re being shuffled into fields that are associated with lower pay because of the harassment,” McLaughlin told Marketplace.

People who have been harassed also experience effects on their physical and mental health, such as anxiety, depression, and post-traumatic stress disorder. Victims of sexual harassment can also experience headaches, muscle aches, and high blood pressure.

Fifty-four percent of U.S. women said they received inappropriate and unwanted sexual advances from men, with 23 percent saying those advances came from men who had influence over their careers and 30 percent coming from male co-workers, according to a 2017 ABC News/Washington Post poll.

“Right now, we don’t know how many gifted workers and innovators were unable to contribute to our country because they were forced to choose between working in a harassment-free workplace and their career,” Gillibrand wrote in her January letter to the department.

This article was originally published at ThinkProgress on May 2, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.