Sexual Harassment for Employees

Definition: According to the EEOC, sexual harassment is defined as: - Any unwelcome sexual advances, - Requests for sexual favors, and - Verbal or physical conduct of a sexual nature when: - submission to this conduct is made either explicitly or implicitly a term or condition of an individual's employment, - submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, - and such conduct creates an intimidating, hostile or offensive work environment.

Types: Quid pro quo - This phrase basically means “something for something.” - For instance, a manager or supervisor promises to give you a pay raise, promotion, transfer, etc. in exchange for some sexual favor or possibly you are passed over for promotion, not given a pay increase, transferred, etc. because you did not agree to the sexual favor. Hostile Work Environment - Comments or conduct based on sex , sexually orientated material, or other offensive material is considered harassment when they unreasonably interfere with an employee's work. These include any thing that is: - Unwelcome, Severe, or Pervasive - Intimidating, Hostile, or Offensive

Potential Victims or Harassers Many times there will be more than just one victim when sexual harassment occurs. - Any employee who was passed over for a promotion because someone else received the promotion due to quid pro quo harassment is also a victim. - If a hostile work environment is created by a person's unwelcome actions, then it is possible that more than one employee is affected. - A victim is anyone who is adversely affected by sexual harassment in the workplace.

Potential Victims or Harassers - Sexual harassment victims can be female or male. Harassment can occur between members of the opposite sex (male to female or female to male) as well as members of the same sex (male to male or female to female.) - Harassment can come from many sources and even from outside the company. Managers, supervisors, coworkers, customers, vendors, suppliers, delivery drivers, contractors and sales representatives can all be capable of engaging in harassing conduct.

Inappropriate Conduct and Behavior While some sexual situations may seem funny on TV or in a movie, when the behavior is real the effects are not so funny. Many actions are considered or could be considered forms of sexual harassment in the workplace. Such actions include, but are not limited to: - Staring or leering in a suggestive manner. - Making offensive remarks about someone's looks, clothing and/or body. - Touching, pinching, patting and brushing against someone in a manner that creates an uncomfortable feeling. - Telling sexual or offensive jokes or making sexual gestures. - Displaying sexually related material such as posters or calenders. - Sending sexually related material via email, letters or notes.

Preventing Sexual Harassment at Work - Keep your conduct appropriate for work. - Watch for inappropriate conduct in others. - Inform others when they are out of line. Company Policy should include: - The company's definition of sexual harassment, - Company standards for dress code, workplace behavior, and allowable personal belongings - Names of appropriate personnel and departments to which employees can report possible sexual harassment, - Statements assuring confidentiality of complaints, - Statements assuring no retaliation will be allowed, - Grievance procedures, - Possible remedies, and - Corrective/disciplinary procedures.

Effects of Sexual Harassment - There is a great amount of guilt and shame that victims wrongfully feel. - Stress, anger, frustration, helplessness, depression and hopelessness are other emotions that victims might experience. - Other negative experiences are possible such as financial difficulties, physical ailments and relationship problems. - Sexual harassment can also be harmful to the company. Employee morale generally declines, productivity can suffer, the reputation of the company can be compromised and financial burdens can be incurred due to lawsuits and settlements.

What to Do When Harassed 1. First inform the person that you are offended by their actions and would like for them to stop. A. If you are not comfortable in confronting the person or their behavior is blatantly inappropriate, you should inform a company-designated person immediately.

What to Do When Harassed 2. If the actions are blatantly inappropriate, then the company representative will begin the task of investigating the incident immediately after being notified. You should write down all information concerning the incident including: A. Date and time of the incident, B. Location where incident took place, C. Person(s) involved including any possible witnesses, D. Detailed description of what happened, E. Any other pertinent information that will help in the investigation.

What to Do When Harassed 3. A fact-finding investigation will then ensue. Any measures taken during the investigation should not affect you in a negative manner. 4. If sexual harassment is found to have occurred, measures will be taken to restore you (or the victim) to the position you would have held had the harassment not occurred. Such measures might include an apology from the harasser, reinstatement, promotion, wage increase, replacement of time taken off and correction of any other effect caused by the incident.