Sexual Harassment in the Workplace

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Introduction

Sexual harassment training is not required under federal law. However, many states have enacted legislation specifically requiring sexual harassment training. Even if not required in a state in which you operate, the Supreme Court's landmark decisions in the 1998 Faragher and Ellerth sexual harassment cases, subsequent court decisions and EEOC Guidelines make it clear that sexual harassment training is essential. To raise a defense or avoid punitive damages in sexual harassment lawsuits, employers need to show that they have provided periodic sexual harassment training to all employees.

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Objectives

At the close of this session, you will be able to:• Explain what sexual harassment is.• State why it is important to prevent sexual harassment in the workplace.• Describe the general policy and procedures for responding and

reporting incidents of sexual harassment.• Understand your responsibilities

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What is Sexual Harassment?

• Unwelcome sexual advances.> Can be rude, abusive or intimidating behavior

• Requests for sexual favors.

• Other verbal or physical conduct of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment.

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Two Forms of Sexual Harassment

Two forms of sexual harassment:• Quid Pro Quo

(Latin for “this for that” or “something for something”) It is requests for sexual acts in return for favoritism in employment

• Hostile Work Environment behavior that creates a hostile, intimidating or offensive work

environment.

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Quid Pro Quo

• Tangible employment action against the victim.

• Involves monetary loss or change in job.

• Example: Mary Smith receives smaller pay increase based on performance than other employees with similar performance because she refused to go out with her supervisor, John Doe.

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Hostile Work Environment

• Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment.

• Example: Mike Maloney is leering (elevator eyes) at and intentionally brushing against Sally Davis.

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Hostile Work Environment (cont’d)

• In addition to speech and/or conduct, covers explicit or suggestive items displayed in the workplace that interfere with job performance or that create an abuse or hostile work environment Example: Jill Jones has a 9” x 12” calendar of nude males on her

cubicle wall visible to passerby.

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Sexual Harassment: A Spectrum of Behavior Patterns

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Who can be involved in sexual harassment?

• Those who commit – employees at all levels, customers, members of the same sex.

• Those who are targeted – victims, bystanders and, in some cases, witnesses who are affected by the harassment.

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Questions? Comments?

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Why it’s Important

Why is it important to prevent sexual harassment in our workplace?

• Sexual harassment harms us all. The most important part of any corporate values is to ensure all employees are treated with respect and dignity. Engaging in, condoning, or not reporting sexual harassment are in direct conflict of these values.

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• Compliance with Title VII of the Civil Rights Act which prohibits sex discrimination.

Title VII Civil Rights Title VII Civil Rights ::> It is the policy [See It is the policy [See § 1614.101] of the U.S. Government to prohibit § 1614.101] of the U.S. Government to prohibit

discrimination in employment because of:discrimination in employment because of:• RaceRace• ColorColor• ReligionReligion• Sex Sex • National OriginNational Origin• Age (40 and above)Age (40 and above)• DisabilityDisability• RetaliationRetaliation• Sexual OrientationSexual Orientation

• Sexual harassment is illegal under federal and state laws.

Why it’s Important (cont’d)

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Questions? Comments?

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Your Responsibilities…in and out of the office

• SET THE TONE!> Know and comply with policy and procedure> “ZERO TOLERANCE” comprehension and support

• Recognize your obligation to create and preserve a work environment free from sexual harassment

> Take immediate action> Report incidents that you experience directly or witness

• Seek resolutions and document action(s) taken

• Treat each complaint seriously

• Support victims

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The ultimate measure of a man is not where he stands in the moments of comfort and convenience, but where he stands at

times of challenge and controversy

Dr. Martin Luther King Jr.

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References

• Society of Human Resource Management

• Nancy and Thomas McGinn, - Harassed-100 Women Define Inappropriate Behavior in the Workplace

• Ginny Nicarthy, You Don’t Have to Take It! A Woman’s Guide to Confronting Emotional Abuse at Work.

• Naomi Coffman, Ginny Gottlieb - The First Line of Defense – A Guide to Protecting Yourself Against Sexual Harassment

• Mike Debelieux, Stopping Sexual Harassment Before it Starts