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There's no denying it - sexual harassment occurs in the yachting industry, (as it does to varying degrees in many other industries) and you only have to look at the Dockwalk forum on the subject to confirm it. But are yacht crew more prone to and less protected from this type of behaviour than employees in other business sectors?
The superyacht industry differs greatly from others in that it is not officially protected by any sort of union, yachts don’t have designated human resources departments aboard and legal jurisdictions vary. Stewardesses are often chosen for their looks, their height/weight ratio and are, in some cases, being asked for full-length photographs prior to interview to ensure that their physical bodies ’fit the spec’. Add to this, working in a predominantly male environment and these factors could add up to a higher likelihood that sexual harassment might occur. The issue of sexual harassment is an emotionally loaded one because it is so personal and intense, involving both sex and power. It is also, on many occasions, completely subjective insofar as what might be a fun, flirtatious remark to one crewmember, may be construed as being sexually charged or discriminating to another. I agree with Captain Ted Sputh who pointed out that it’s important to avoid being duped into thinking that some people ask to be sexually harassed because they send off certain signals. Being subjected to harassment is a painful and traumatic experience that can be very difficult to reconcile. A key factor in that emotional storm is confusion, both for would-be harassers and their potential targets. No one’s sure where the boundaries lie anymore. That’s particularly true in the superyacht industry, where crew relationships often turn intimate. The closeness and intensity of the living conditions can blur the professional boundaries and lead people to step over the line. So, what is sexual harassment? If the first mate asks a stewardess out for a drink, is that harassment? If you tell the chief stewardess that she looks pretty, will you get sued? If a guest hits on you, should you report it? Where’s the line between flirting and sexual harassment? Almost all crew in the superyacht industry have taken their STCW qualification and have thus been taught, in the PSSR (Personal Safety and Social Responsibilities) section of the course, the legal definitions and examples of sexual harassment. If you have forgotten, I shall outline it below, but it may be time to re-read your notes too. Studies on myths and misconceptions about sexual harassment indicate that most harassment has nothing to do with flirtation or sincere sexual or social interest on the part of the perpetrator. Harassment is largely about control, domination and punishment. This is a very important point to remember when you are talking about sex in a lewd manner. Let’s firstly examine exactly how sexual harassment is defined: Sexual harassment is a form of sex discrimination. The legal definition of sexual harassment is: "Unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment." Now, let’s break this down:
There are three different kinds of conduct verbal, visual or physical which, if it is of a sexual nature, may be sexual harassment, IF the behaviour is unwelcome and if it is severe or pervasive. Some examples might be: "Verbal or written": Suggestive comments about someone’s clothing, personal behaviour or a person’s body; sexual or sex-based jokes; requesting of sexual favours or repeatedly asking a person out; sexual innuendoes; spreading rumours about a person’s personal or sexual life; threatening someone. "Physical": Assault; impeding or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, hugging, patting, stroking, pinching. "Nonverbal": Looking up and down a person’s body; derogatory gestures or facial expressions of a sexual nature; following someone. "Visual": Posters, drawings, pictures, screensavers or emails of a sexual nature. It is also interesting to note that non-sexual conduct may also be sexual harassment if you are harassed because you are female, rather than male, or because you are male, rather than female. For example, it may be sexual harassment if you are young lady working as a deckhand in an otherwise all-male deck crew and you are the only one whose tools and equipment are frequently hidden by your male co-workers or similarly for a steward working in an all-female interior crew department.
If you are fired, refused a promotion, demoted, given a poor performance evaluation, or reassigned to a less desirable position because you reject a sexual advance, that almost certainly is sexual harassment. Even if the conduct does not result in economic injury or change of status to your job, it may be sexual harassment if the conduct unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment. For example, it may be illegal sexual harassment if repeated sexual comments make you so uncomfortable at work that your performance suffers or if you decline professional opportunities because it will put you in contact with the harasser. Remember that sexual harassment is against the law in accordance with the 1964 Civil Rights Act. Laws against sexual harassment are designed to protect you from your boss, (yacht owner/captain), your co-workers or the guests who come aboard and note both men and women can be sexually harassed. Someone of the same or opposite sex can sexually harass you.
Not only is sexual harassment against the law, but so is retaliating against someone for complaining about sexual harassment or for participating in an investigation of sexual harassment. Examples of retaliation include the example whereby you complain about sexual harassment and you then lose your job, although the harasser continues to work; or your employer (owner or captain) retaliates against you for complaining about sexual harassment or for participating as a witness in an investigation of sexual harassment, If you are experiencing sexual harassment and are not saying anything, then more fool you! You really don’t have to put it up with it. There are always people to whom you can speak, but do go through the proper channels, i.e. to your head of department, captain or your DPA (designated person ashore) in the yacht’s management company, whichever is appropriate according to who is the harasser. There are few incidents where you should go directly to the owners with this problem, except perhaps, if you are working on a small yacht where there is no management company involved and where you have a good relationship with the owner of the boat. Advice from the Dockwalk forum suggests that in the event that you are experiencing harassment, but don’t have a management company to whom to turn and have decided to leave the yacht on which you are working, you can turn to the port captain of any port, stating that you need to leave because of harassment on board and they have the authority to board the yacht with the port police to force the captain to pay your wages up-to-date, plus the cost of an airfare home and to escort you to your cabin to retrieve your possessions. It might also be useful to present the employer with whom you are dealing with a written complaint, outlining the incident(s) and when they occurred and keep a copy for yourself in case you need it for future substantiation of the event(s). Also, document when you made any complaints and keep all this information in a safe place. You may be the first person to complain about a particular person, due to some sort of intimidation, threat of being fired, the fear of not being believed and so on and perhaps the incident would initially be considered an isolated one. BUT, should you leave and the next person issues a similar complaint, alarm bells will begin to ring. Two separate complaints of this nature about the same person is infinitely more powerful than one isolated Incident. Be courageous you may well help to weed out a serial sexual predator who has been getting away with this behaviour for far too long. It is reasonable to expect that employers (owners, management companies and/or captains) make themselves responsible for preventing and stopping sexual harassment of the crew and that they take reasonable care to promptly correct sexual harassment should it occur. If employers don’t swiftly handle their crew’s comments or complaints about harassment, it’s very likely to create resentment, low morale, low productivity and increased turnover. So it’s in everybody’s interest to deal with the situation as quickly and appropriately as possible. There should be clear and concise clauses in crew contracts and in crew manuals outlining properly-enforced policies relating to the consequences for the perpetrator of sexual discrimination. Also clauses informing crew what procedures must be followed in order to make a complaint should an incident of this nature happen to them. If you don’t have these procedures or policies outlined in your own contracts and manuals, be pro-active and speak to your captain or management company about including them. Do it for your own and others’ protection. Generally speaking, yachts have zero tolerance with regards to unwanted or unwelcome harassment which includes, but is not limited to, degrading remarks, jokes, tricks, insults or gestures, displaying or passing around offensive objects or pictures, and posting compromising pictures on the internet. When a crew member’s conduct has the effect of substantially interfering with a person’s work performance or of creating an intimidating and hostile or offensive work environment, consequences will follow.
