Harassment and Employee Expression and Other Issues Chapter 7

Management Contexts, Relevant Laws, and Cases

Sexual Harassment (EEOC) Court have defined two types of sexual harassment: 1.QUID PRO QUO HARASSMENT: Occurs when an employer conditions a job- related benefits like pay raises for a sexual behavior (sexual bribery) 2. HOSTILE ENVIRONMENT HARASSMENT Occurs when an employee is subjected to repeated unwelcome behaviors that are severe enough that it interferes with the person’s ability to perform his or her job.

WHAT IS SEXUAL HARASSMENT? “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.” (Title VII of the Civil Rights Act of 1964) Sexual harassment is a form of sex discrimination characterized by rude and humiliating sexual advances which are unethical, illegal, and frequently constitute an abuse of power. Sexual harassment is unwanted and unwelcome. In the workplace, sexual harassment is an intimidating and offensive encroachment into an employee’s life which threatens his/her professional demeanor, motivation, and livelihood. In the workplace employers and employees can work together without intimidating and offensive sexual behaviors. Al l members in the workplace must have a significant and continuing interest in eliminating sexual harassment. WHAT IS SEXUAL HARASSMENT?

Physical Sexual Harassment unwanted physical contact can range from offensive conduct to criminal behavior. The following behaviors include actual physical contact with the victim. Some behaviors are obviously sexual, while some may be considered accidental. Actual or perceived criminal behavior should be reported to the police. Examples of physical sexual harassment include: • invasion of personal space • cornering another person • attempts to kiss or fondle • physical attack • inappropriate touching, such as pinching, stroking, or brushing up against the body • attempted rape or actual rape

Verbal Sexual Harassment The following examples demonstrate behaviors of a sexual nature which may violate the employer’s sexual harassment policy and federal and state laws prohibiting such behaviors. These behaviors need not be directed at a particular individual to constitute sexual harassment. • whispering in an obvious way about the way a person looks, walks, talks, or sits • displaying written or graphic sexual materials • soliciting dates or sex • repeatedly talking about sex or describing sexual acts • constant, aggressive and unwanted attention, directly or indirectly of a sexual nature • threatening consequences if (sexual) attention is not reciprocated • making sexual references to a person’s clothing or body • telling offensive sexual jokes • making suggestive noises such as whistling or wolf-calls • making sexually oriented comments about weight, body shape, or size

Harassment Harassment: a : exhaust, fatigue b (1) : to annoy persistently (2) : to create an unpleasant or hostile situation for especially by uninvited and unwelcome verbal or physical conduct Harassment

EXAMPLE OF WORK PLACE HARRASSMENT REMEMBER : EACH COMPLAINT MUST BE INVESTIGATED

THE CLERY ACT The Clery Act The Clery Act is a consumer protection law that aims to provide transparency around campus crime policy and statistics. All institutions of postsecondary education, both public and private, that participate in federal student aid programs must publish and disseminate an annual campus security report as well as make timely warnings of any ongoing threats to the campus community. THE CLERY ACT

VIOLENCE AGAINST WOMEN ACT (VAWA) The Violence Against Women Act (VAWA) creates and supports comprehensive, cost-effective responses to the pervasive and insidious crimes of domestic violence, sexual assault, dating violence and stalking.   Justice and safety for Native American Women Justice and safety for LGBT survivors Protections for immigrant survivors Justice on campuses Maintaining VAWA grant programs VIOLENCE AGAINST WOMEN ACT (VAWA)

Be sensitive to cultural differences. Employee Religion Be sensitive to cultural differences.

EXAMPLE OF RELIGIOUS DISCRIMMINATION

Harassment Test I. Select either: A. Physical Sexual Harassment B. Verbal Sexual Harassment 1. invasion of personal space 2. attempted rape or actual rape 3. cornering another person 4. telling offensive sexual jokes 5. making suggestive noises such as whistling or 6. wolf-calls 7. whispering in an obvious way about the way a person looks, walks, talks, or sits 8. threatening consequences if (sexual) attention is not reciprocated 9. making sexual references to a person’s clothing or body 10. physical attack

11. Harassment is: A. to annoy persistently B. to create an unpleasant or hostile situation C. uninvited and unwelcome verbal or physical conduct D. All of the above 12. The following are essential elements of a harassment policies except: A. Policies that include definitions of prohibited behaviors. B. Have a policy of zero tolerance C. Make sure the policy covers racial and religious harassment D. Have a policy of three strike you’re out.

Answers 1.A 2.A 3. A 4.B 5.B 6.B 7.B 8.A 9.B 10.A 11D 12.B 13.D