Sexual Harassment Increasing Awareness. Section I Introduction 2.

Sexual Harassment

Increasing Awareness

Section I

Introduction

2

Sexual harassment

• Civil Rights Act of 1964

• EEOC rules in 1986

• Court decisions in 1986

• Provisions added to Civil Rights Act in 1991

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Section II

Defining sexual harassment

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EEOC definition

Harassment is unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

– Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment

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EEOC definition

– Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

– Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

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Define sexual harassment

• Quid pro quo

• Hostile environment

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•Quid pro quo– Submission to sexually harassing conduct as

a term of condition for employment– Submission to or rejection of such conduct as

used as the basis for employment decision

If you do something for me, I’ll do something for you

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• Quid pro quo– Results in economic loss to employee– Behavior does not have to be explicit– Sexual favoritism

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• Hostile environment– Intimidating, hostile or

offensive environment– Not free from discriminatory

intimidation, ridicule or insult– employer or employees created or condoned

it

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Section III

Dealing with sexual harassment

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• Numerous employees

• Numerous occasions

• Verbal

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• Physical

• Done by supervisor or co-worker

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• Unwelcome – employee did not solicit or incite, and the employee regards as undesirable or offensive

• Sexism and sex discrimination

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• Behaviors that constitute sexual harassment– Sexual remarks– Suggestive looks– Kissing sounds– Deliberate touching

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• Behaviors that constitute sexual harassment:– Pressure for dates– Pressure for sexual

favors– Actual or attempted

rape or assault

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• Behaviors that constitute sexual harassment:– Promise of a raise for sexual favors– Cartoons or posters of a sexual nature– Vulgar or lewd conduct

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Role of the EEOC

• Title VII of the Civil Rights Act

• Act established the EEOC

• Prevent any person from engaging in unlawful employment practice such as sexual harassment

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Role of the EEOC

• Individual can file a claim

• EEOC investigates

• EEOC makes determination

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Role of the EEOC

• Claim filed with EEOC within 180 days of last harassment incident

• EEOC conducts investigation

• EEOC determines settlement

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Role of the EEOC

• EEOC investigation may take over a year• Federal court cases may take several

years• Remedies

– Attorney fees– Reinstatement of

promotion– Compensatory and

punitive damages– Pay for lost wages and benefits– Injunctive relief

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• Do not ignore claim

• Employer should designate one official outside employee’s chain-of-command to take complaints

• Employee may feel that officials will more readily believe supervisor’s version

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• Claim taken to those in charge of investigation

• Investigation should be thorough• Meeting between person in charge and

complainant• Witnesses contacted and interviewed

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• Supervisors:– Document incidents– Take steps to stop harassment

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• Remedial measures– Should stop harassment– Correct effect on employee– Ensure that harassment does not recur– Should not adversely affect complainant

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• Remedial measures may include– Oral or written warning or reprimand– Training or counseling for harasser– Monitoring harasser to ensure harassment

stops– Transfer or demotion

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• Other remedial measures include:– Reduction of wages– Suspension– Discharge

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Dealing with harassment

• Victim may need action to restore sense of safe and secure workplace– Restoration of leave taken because of

harassment– Removal of negative evaluations– Reinstatement

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• Additional actions would be:– Apology by harasser– Monitoring treatment of employee to ensure no

retaliation– Correction of any

other harm caused

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• Corrective action should reflect severity of conduct

• Follow-up to ensure harassment has not resumed

• Make sure victim has not suffered retaliation

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• Management required to correct harassment regardless of whether employee files an internal complaint

• Courts look at how employer addresses issue

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• If supervisor or manager aware of occurrence and do nothing, courts may determine that Title VII was violated because conduct was condoned

• Employer may be held liable for supervisor’s lack of response

• Employer responsible for supervisors’ acts

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Employee’s response to sexual harassment

• Say no

• Write a letter

• Document

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Employee’s response to sexual harassment

• Keep work records

• Look for witnesses

• Use company procedures

• File a complaint

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Employee role

• Take action to curb offensive conduct• Be reasonable • Disregard offensive behavior and hope it

stops• Ask harasser to stop• Do not feel at risk of retaliation

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Section IV

Preventing sexual harassment

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• Employers take necessary steps to prevent harassment– Raise the subject– Express strong disapproval– Develop appropriate sanctions– Inform employees of their rights– Develop methods to sensitize all

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• Preventive program should include:– Explicit policy – clearly communicated– Ensure confidentiality

• Employers should:– Raise subject with all employees– Express strong disapproval– Explain sanctions– Have procedure for resolving complaints

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• Sexual harassment not tolerated

• Harassment is illegal

• Have an effective policy

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• Effective policy should include– Policy statement– Definition of sexual harassment– Non-retaliation policy

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• Effective policy should include:– Procedures for filing a claim– Repercussions for sexually harassing conduct– Statement that employees are obligated to

report sexual harassment

• Policy must be enforced

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• Training– Video– Pamphlet– In-class

• Courts may require evidence of training

• Training for new employees and for all when laws change

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Section V

Summary

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Summary of main points

• Definition of sexual harassment

• How to deal with sexual harassment

• How to prevent sexual harassment

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Questions?

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Sexual Harassment Increasing Awareness. Section I Introduction 2.

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