Sexual Misconduct in Entry-Level Truck Driver Training has an impact on Highway Safety. Conduct training is the problem. Several high profile sex harassment cases in entry-level driver training carriers like CRST Van Expedited and New Prime, Inc. have proven that the training sector of trucking is failing to teach skills to operate equipment properly to create a qualified truck driver population and failing to teach conduct skills to eliminate sexual misconduct and harassment in their corporate culture. This Best Practices presentation aims to educate the trucking industry and the public on an area that must be addressed and understood in all areas of the supply chain.
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Sexual Misconduct Impacts Trucking Safety
1. Best Practices
SEXUAL MISCONDUCT TRAINING
FOR ENTRY LEVEL DRIVER TRAINING
“How Sexual Misconduct Impacts Trucking Safety”
Presented by
Desiree Wood
Founder/President
REAL Women in Trucking, Inc. 501 (c) 6 Organization
2. Presenter: Desiree Wood
* President and Founder of the REAL Women in Trucking, Inc. a grassroots driver organization dedicated to
providing accurate information to entry-level driver
candidates and the public about unsafe practices that contribute to turnover.
Since 2008, I have been outspoken on the topic of sexual misconduct in
entry level driver training, poor training and support practices. I have
participated in documentaries on workplace bullying and used my social media
presence to speak out on violence against women, human trafficking, sexual harassment, retaliation, rape and a
variety of trucking turnover issues that have been widely ignored in the past.
Education:
* University of Nevada Las Vegas Major – Studied: International Business / Accounting
* University of Maryland University College – Graduated: B.S. Management Studies
* University of Maryland University College – Studying: M.S. Nonprofit and Association Management
* Truck Driver: CDL Class A Commercial Driver with Hazardous Materials and Tanker Endorsement
Background:
* In 2008, I began sharing my personal entry–level driver training story which
became the basis of four Dan Rather Investigative reports on the truck driver training
atmosphere and lifestyle, this led to the formation of the REAL Women in Trucking
organization.
* My social media activity on Twitter as @TruckerDesiree has been recognized
internationally. My personal blog and “You Tube” channel has over 3000 subscribers, and
800,00 + views that continue to help newcomers to the industry navigate the obstacles.
3. Best Practices Webinar Series
SEXUAL MISCONDUCT TRAINING
FOR ENTRY LEVEL DRIVER TRAINING
NO ONE Should have to FEAR for the Personal Safety at their Place of Employment!
Harassment in ALL FORMS Contributes to Truck Driver Turnover
4. *ISSUE
Each year thousands of prospective truck driver candidates become “Entry-Level
Driver Trainee’s” at carriers where “Team Driving” is required as a component to
become a qualified truck driver.
According to some trucking “experts” the turnover in training
carriers can be nearly 200% , this is double the industry turnover
rate of 100%.
These are numbers that signal urgent RED FLAGS
Entry-Level Driver Training is Unique
Think About It > What other job would require two
people who do not know each other to live and work
together in an unsupervised atmosphere while
operating a potentially lethal piece of equipment?
Due to improper training and support from employer
carriers some potentially qualified drivers leave
driver training due to sexual harassment
5. Training , Support and Re-Training Are Essential
*
“We Have A ZERO TOLERANCE POLICY”
Currently Sexual Harassment Training at some Trucking Carriers Consists of
ONLY the Following Statement:
6. *
“ZERO Tolerance” Policies Are Laughable according to victims of Troop on Troop rape and sexual assault that
have filed federal lawsuits against the Department of Defense and specifically names Defense Secretary
Robert Gates and Donald Rumsfeld for failing to take reasonable steps to investigate and change the culture
where perpetrators where promoted and reassigned while victims were subjected to isolation and
retaliation.”
Simply stating that “ZERO Tolerance” for sexual harassment IS YOUR policy, means nothing!
… Sound Familiar?
7. *“The key to protecting a company against harassment is
good training , including annual re-training. Good
documents on the anti-harassment policy, how and who to
report it to, and then a good investigation. The company
and the managers must send a strong message that sexual
misconduct, any form of intimidation and harassment will
not be tolerated. By doing this victims will feel
comfortable reporting it when it occurs.” ~ Regina McConnell,
BSBA from University of Arkansas, 24 years of HR experience both in
Production and Supply Chain. PHR Certified
* Accountability
8. According to the Equal Employment Opportunity Commission Definition:
• Title VII The Civil Rights Act of 1964 protects individuals from employment discrimination
and harassment on the basis of:
Race
Color
Religion
Sex (including pregnancy)
National Origin
Age (40 or Older)
Disability or Genetic Information
What does this mean?
It means that equal opportunity for employment cannot be denied to any person due to their racial group,
racial physical features, color of their skin, their marriage, association with someone of a particular race or
color, place that they were born, way they speak, their gender , or religious practices.
What is Discrimination and Harassment ?
9. *Extended
Protections *Federal and State protections
are extended to individuals
based on:
Gender
Marital Status
Sexual Orientation
Age
DisabilityIn a nutshell, we should treat all
people with respect. NO ONE has the
right to harass, denigrate, retaliate
or discriminate against another
individual.
Anti-discrimination laws also prohibit harassment against individuals in retaliation for
filing a discrimination charge, testifying, or participating in any way in an investigation,
proceeding, or lawsuit under these laws; or opposing employment practices that they
reasonably believe discriminate against individuals, in violation of these laws.
10. Harassment Harassment is unwelcome conduct that is
directed towards protected individuals.
Harassment is illegal when the offensive
conduct becomes a condition of
continued employment, is severe or
pervasive enough to create a work
environment that a reasonable person
would consider intimidating, hostile, or
abusive.
Offensive conduct may include, but is not
limited to, offensive jokes, slurs, epithets
or name calling, physical assaults or
threats, intimidation, ridicule or mockery,
insults or put-downs, offensive objects or
pictures, and interference with work
performance.
The harasser can be the victim's
supervisor, a supervisor in another area,
an agent of the employer, a co-worker,
or a non-employee.
REMEMBER> Even a “Agent” of
the employer such as a leased on
owner-operator , co-workers like
in a student team driving
situation, or customers can make
the carrier liable for harassment.
11. Sexual Harassment Facts
Sexual harassment or unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature is illegal. Sexual harassment is a
form of sex discrimination that also violates Title VII of the Civil Rights Act of 1964.
Harassment DOES NOT have to be of a sexual nature however, and can include
offensive remarks about a person’s sex. For example: It is illegal to harass a
woman by making offensive comments
about women in general.
Both victim and the harasser can be either a
woman or a man, and the victim and harasser
can be the same sex.
Sexual harassment and misconduct either
explicitly or implicitly which affects an
individual's employment, unreasonably
interferes with an individual's work
performance, or creates an intimidating,
hostile, or offensive work environment is a
violation of Title VII.
12. * Treating People with RESPECT should be common
sense … but as we know … some things must be
taught
ACCEPTABLE CONDUCT IS A LEARNED SKILL
Training Teaches Conduct Skills
Testing on Training Evaluates Comprehension of the Topic
Annual Re-Training with Testing Refreshes Memory
Conducting Proper Investigations Builds Trust
Commit to implementing a 3rd party report system WITHOUT conflicts of interest
Realize Your Industry is unique because your workforce is absent from supervision
Take Action Immediately when a report of misconduct has been filed. DO NOT DELAY
Employers Are Responsible for Misconduct in the Workplace:
As an employer and as an agent of your organization it is YOUR duty and the duty of each individual in your
workplace to foster a culture of mutual respect rather than an adversarial “hostile” environment where
pervasive misconduct occurs that a reasonable person would find the atmosphere to be offensive.
13. *Hostile, Pervasive and the Reasonable Person Standard
A “Hostile” work environment where “Pervasive” (ongoing)
misconduct is allowed to occur is your organizational trip
plan to arrive at litigation, a loss of productivity and a loss of
credibility in the community.
“Hostile” does not have to be angry or violent, “Hostile” can be belittling,
insulting, disparaging remarks that make another person feel uncomfortable and
inferior.
“Pervasive” means that the occasional inappropriate joke, remark or behavior
has been allowed to seep into your corporate culture and has become an ongoing
issue.
While it may be true that a single insensitive or derogatory remark may not be
considered harassment this is not always true for highly offensive words or
deeds.
Prevention is the Best Tool to Eliminate Harassment in the Workplace.
14. *Reasonable Person Standard
The “reasonable person” standard is applied to determine liability in harassment legal
actions. The “reasonable person standard” means that an average person in society who
practices an average level of care, skill and judgment in similar circumstances would find
the conduct harassing, hostile, pervasive, retaliatory, discriminatory … etc.
NOTE: We hold “above average” people to a higher standard, therefore the average person
standard is not excessive.
* Essentially, remarks and conduct that are not suitable in the company of your parents,
grandparents, children, spouse, or religious leadership ARE NOT OKAY for the workplace.
* Harassment is occurring when > the offender intentionally OR un-intentionally makes
another person feel uncomfortable or intimidated
15. According to the Department of Labor, Occupational Safety & Health
Administration (OSHA) an employer has the responsibility to provide a
safe workplace.
Trucking is ALREADY One of the Top 10 Most Dangerous Jobs
Student truckers and trainers are NOT in a safe workplace when sexual
misconduct and harassment is occurring between co-drivers in isolated
team operations and entry-level driver training phases.
*
REMEMBER> A workplace bully is someone who undermines projects and progress. Makes
covert threats and behaves in a passive-aggressive manner, manipulating those around him
OR her.
16. *The High Price of Harassment
*Harassment and Sexual Harassment is expensive to
employers in many forms. Even if the conduct goes
unreported or does not enter litigation, the price of
harassment in any form is highly expensive in the following
ways:
$Litigation
$Decreased Productivity
$Stress Related Driver Inattention Negatively Affects Highway Safety
$Lowered Morale
$Increased Driver Turnover
$Loss of Credibility in the Community
Recent high profile sexual misconduct reports both in the trucking industry and in other
industry sectors where individuals work in an unsupervised environment should be a wake up
call that we have a cultural problem that has permeated the workplace and must be addressed.
17. *The Reality of Isolation with a Harasser
Regardless of litigation risks,
productivity suffers when students,
trainers and co-driving teams are
being subjected to daily harassment
inside the cab of the truck where they
must cohabitate and operate the CMV.
Isolation that is required from the
trucking lifestyle and a lack of action
from the carrier when harassment is
reported creates driver distraction
and stress. It also empowers harassers.
Procrastination by the carrier to
remove the parties from a reported
situation in order to advance the load
or avoid dealing with the situation in
any intelligent manner contribute to
the creation of a toxic, hostile
workplace.
Harassment and Sexual Harassment including
Rape in some Entry-Level Driver Training
Carriers is Due to Poor Conduct Training and
Accountability Standards.
18. *The Truth About Reporting Harassment in a Training Carrier
Incidents of sexual misconduct often occur
after hours when only a skeleton crew of
poorly trained staff is available to answer
phones.
Morale suffers throughout the broad driver
population when it becomes common
knowledge that reporting victims are at risk
for retaliation while harassers are generally
reassigned and able to slip back into the
driver population, often harassing another
individual in the same manner.
Victims are often designated to a solo route
with so few miles they eventually quit
because they are not making enough money
to support themselves. This is called
“Starve Out” and well known among
drivers, it is a form of retaliation, stress and
turnover.
19. * Know Your Industry
Human Resource Professionals:
Your job is to protect your company from litigation but you are failing to do this if
you are not aware how frequently sexual misconduct and harassment issues
contribute to driver turnover.
Large carriers that recruit a high volume of student truck drivers and/or utilize
the “team business” model to move freight place two people who barely know
one another in an isolated, intimate and highly intense living and work
environment. Without conduct training and accountability, this is a recipe for
disaster that places many lives in a jeopardy.
Trucking is a diverse industry. Fleets that utilize day cabs , do not require team driving
as a phase of training or that do not over recruit students have fewer issues with
sexual misconduct incidents. Awareness of problem carriers though is EVERYONES
BUSINESS, know YOUR INDUSTRY and demand accountability by taking these carriers
OUT of your supply chain. Consider how the lack of qualified driver candidates is
affecting new hiring objectives at your organization. Can your business model help to
develop a safer training atmosphere?
20. Protecting Genders or Discrimination?
THINK ABOUT IT> Separating genders during truck driver training in which women must
wait a much longer time for training than men is discriminatory. To believe that you are
protecting the safety of one gender from sexual misconduct with such a policy is admission
that you have knowledge that a problem exists. Therefore, it appears reasonable to assume
you may be unwilling to put forth the effort to correct the issue and enforce a policy that
supports what is already the law of the land.
Besides, Not all harassers are Men or Trainers …. , harassment in entry-level driver
training occurs in same gender situations, Women harass Men, Student drivers
harassing trainers and co-driving teams in all gender combinations harass.
The problem is lack of training
21. *Training and Enforcement Reduces Costs to Companies
The best defense to stop harassment is prevention to eliminate all forms of
harassing behavior from the workplace.
Employers must clearly communicate to employees and any other perceived agents
of the employer what harassment means, including sexual harassment and that it
will not be tolerated.
Employers must put forth the effort to implement an intelligent educational
campaign that demonstrates what behaviors will not be tolerated.
Instruction on sexual harassment training for employees and the establishment of
an effective complaint or grievance process must be in place in order to take
immediate and appropriate action when an employee complains.
22. *Recognizing Harassment in Trucking
* Most people recognize that harassment
occurs when someone openly bullies,
threatens or even terrorizes another person.
However, harassment isn’t always that
evident. In an isolated environment like
trucking, where employees and agents of
the employer (carrier) are not in a
supervised atmosphere it is much harder
to identify there is a pervasive problem.
* Fleet managers, dispatchers and safety
department personnel must understand it
takes a great deal of courage to ask for
help when there is no immediate way to
leave the situation. Therefore, they must
realize a breaking point has been met
when a person reaches out to them. At this
point the carrier must work quickly to
separate the individuals.
Take Initiative
* If an individual is cautious and hesitant during phone calls,
ask them questions to understand if there is a problem on
the truck that they are uncomfortable talking about with
the other person present. If the answer is silence or YES,
you have a problem unfolding.
* Recognize sudden requests to be routed back to a
terminal or motel while under a load. These requests
should be taken seriously not ignored. Situations can
escalate quickly when a harasser suspects their victim has
reported their misconduct. The carrier must be prepared
for a barrage of phone calls from the truck’s occupants
trying to get help or deter suspicion. This as a indication
that the situation is deteriorating quickly. Action must be
taken.
Harassment, Discrimination, Workplace Bullying and
Retaliation are often subtle in nature.
REMEMBER> A behavior does not have to be intentional
to be considered harassment.
Most people don’t consciously harass others but our different perceptions of acceptable
conduct and lack of understanding for the feelings of others may contribute to harassment
issues in the workplace. Trucking brings people together from all walks of life. Without training
for conduct and enforcement of policies the stage is set for misconduct, … and potential
litigation.
23. Highway safety DOES NOT benefit when
the truck operated next to them has
turned into a hostile moving workplace.
Stress related to FEAR of your trainer,
trainee or co-driver interferes with the
ability to operate a CMV in a responsible
manner
Learning is impeded when an individual is
focused on their personal safety . FEAR of
the other occupant of the truck, rather
than focusing on the safe operation of the
CMV as defined by the Federal Motor
Carrier Safety Administration is a failure
of carrier leadership.
*Work Performance and
Highway Safety Suffers
Fact Check: Harassers can be the victim's supervisor, a
supervisor in another area, a perceived authority figure or
agent of the company, a co-worker, or a non-employee.
What does this mean in trucking?
This means that leased on owner operators, co-driving
student teams, or “lead seat” teams who are not
technically “supervisors” do not exempt your company
from being held responsible for discrimination,
harassment or sexual harassment litigation.
24. Victims of Harassment can be:
* Women OR Men
* Does NOT have to be of the opposite sex
* Does NOT have to be the person harassed
but could be anyone affected by the
offensive conduct.
Although the EEOC recommends that the victim should first inform
the harasser directly that the conduct is unwelcome and must
stop. It is very important to understand that the isolation in
trucking often empowers harassers to escalate the behavior.
Therefore victims must have 24/7 access to a protected employer
reporting mechanism as well as a method to be removed from the
truck quickly after reporting the harasser.
Poor communication in larger carriers contributes to delays in
reporting through proper channels. Just because the carrier
CLAIMS they have an intelligent reporting and enforcement system
in place, it does not mean that is works. The must be
accountability and follow-up
Harassers must be held accountable incidents not simply re-
introduced to the driver population or re-hired as a trainer to
another carrier with a clean slate.
Harassers may become more agitated, angry and sometimes violent
once they become aware that a report has been made against
them.
Safe driving practices and work performance may begin to decline.
The atmosphere inside the truck can become tense and driving
ability can become erratic.
Post-Traumatic Stress Disorder symptoms may arise following an
incident. They can last for months and even years.
*Who Are the Victims of Harassment?
25. Male Trainer / Female Student
Female Student / Male Trainer
Male Student / Female Trainer
Female Trainer / Male Student
Male Trainer / Male Student
Female Trainer / Female Student
Male Student / Male Trainer
Female Student / Female Trainer
Male Co-Driver / Female Co-Driver
Female Co-Driver / Male Co-Driver
Male Co-Driver / Male Co-Driver
Female Co-Driver / Female Co-Driver
ITS NOT GENDER SPECIFIC, TRAINING SPECIFIC
*Who is the Harasser? Who is the Victim?
26. *Trucking Specific MIS-CONDUCT Behaviors
* Insisting on inappropriate conversation related to sex life rather than safe CMV operation.
* Badgering target victim for a relationship and/or sex
* Exhibiting volatile behavior when asked to cease misconduct
* Screaming/Intimidation tactics that may include tampering with equipment that can cause injury to victim
* Withholding bathroom stops, access to showers and food
* Locking the victim out of the truck, throwing victims personal items off the truck, leaving them behind.
* Denying the victim vital knowledge or access to operate equipment safely:
(IE: How to back up the truck, complete paperwork correctly, use electronic
communication devices fitted to the truck that would allow the victim to reach fleet
operations for help.
Harassers berate, scream , threaten and intimidate victims when their sexual
advances are rejected in an unsupervised workplace. This hinders learning and creates
a toxic hostile rolling workplace.
27. * Trainer has an expectation that the trucking student will have sex with them during the 35 to 45 days they will be on the truck
together alone. Trainer has made a practice of cruising the orientation center for new students to “check them out” before
being issued a student. Trucking student is naïve, vulnerable and often unprepared to contact anyone at the carrier except for
the dispatcher , fleet manager or safety department with whom the trainer already has a long established relationship. The
trucking student and their credibility when reporting an incident holds no value at the carrier. There are barriers or filters to
the student to make contact with the Human Resource department .
* Student believes that offering sex to the trainer will help guarantee a passing skills test or that sex indicates a relationship
with the trainer. Upon ending the training period, bitterness results in sexual harassment accusations when a consensual casual
relationship actually occurred.
* Student or Trainer believes it is acceptable behavior to get into the bunk with the other occupant of the truck without
invitation. Verbal and Sexual harassment including touching while CMV is in operation directed at victim who is driving has
been reported which has caused unsafe exit from traffic.
* Co-Driving Teams often become reliant on one another , teamwork can be misconstrued as intimacy. This can lead to harassing
behavior that may be somewhat unintentional but turns explosive quickly. Violent attacks have occurred following what has
been perceived as rejection by a person who believed teamwork was an invitation for intimacy.
* Victims report harassers may begin to drive erratically or tamper with equipment for the purpose of intimidation toward the
victim once they are confronted to cease the conduct or they have been reported for it.
Same Ol’ Situations
Since 2008, when I began personally interviewing truck drivers about their experiences with
sexual misconduct in trucking, I saw a pattern emerge. Often the same handful of carriers were
named and frequently the same themes were recounted by people who had never met one
another. Some of the situations became violent occurred while the CMV was in operation.
28. Do all levels of your leadership understand what sexual harassment is? That it is
EVERYONE’s responsibility to change the culture? AND That it is illegal?
Include in your annual re-training and testing the following sessions:
What are the types of Sexual Harassment?
Who are the Potential Victims and Harassers?
What are the Effects of Sexual Harassment?
What is Your Company's Sexual Harassment Policy?
What Prevention Programs and Investigative Procedures can be implemented for
a workforce in movement? Trucking is unlike other industries BUT YOU ARE
STILL RESPONSIBLE FOR THE CONDUCT OF YOUR WORKFORCE!
*It’s YOUR Responsibility
Educate Executive Leadership, Managers, Dispatchers, and Safety Department on their Role
29. What Are Inappropriate Workplace Behaviors?
How Can “WE” Prevent Sexual Harassment at Work?
How do you report offensive conduct without the fear of retaliation?
*Educate Employees and Independent Contractors
Conduct Training followed by Testing for Comprehension and Annual Re-Training
is an Effective Weapon to Eliminate a culture where sexual harassment and
discrimination is occurring in the Workplace.
Carriers Must Clearly Identify Behaviors that are NOT ACCEPTABLE! And create a
reporting and investigation system that works!
Anti-Harassment policies are useless when buried in a company manual, not
taught, enforced or made to become part of your corporate culture.
30. “Sexual Misconduct Impacts Trucking Safety”
Desiree Wood
Founder/President
www.REALwomenintrucking.org
REAL Women in Trucking, Inc. 501 (c) 6 Organization
For more information on this topic and other issues affecting entry-level driver
training candidates and how you can help become part of the solution, email
Desiree at realwomenintrucking@gmail.com