10/3/ Sexual Harassment Charles L. Feer, JD, MPA

10/3/ Sexual Harassment?

10/3/ Sexual Harassment?

10/3/ Definition of Sexual Harassment The U.S. Equal Employment Opportunity Commission, the Calif. Dept. of Fair Employment and Housing, Calif. State Personnel Board define sexual harassment to include: (1) Unwelcome sexual advances that implicitly or explicitly condition an employment benefit on submission to such advances.

10/3/ Definition of Sexual Harassment cont. An example of such conduct is a male supervisor’s threat or suggestion to his female subordinate that she have dinner with him if she is interested in being promoted. This type of conduct is known as “quid pro quo” (this for that) or “conditional” sexual harassment.

10/3/ Definition of Sexual Harassment cont. “quid pro quo” (insert video here)

10/3/ Definition of Sexual Harassment cont. (2) Unwanted sexual conduct that offends an individual enough that it creates an intimidating or hostile work environment, that interferes with the victim’s emotional well-being. (insert beach video here) An example of such, is a supervisor or co- worker’s unwanted comments to an individual about his sexual prowess or about the provocative way the individual dresses.

10/3/ Definition of Sexual Harassment cont. Unwanted sexual conduct may include: a) Verbal or written derogatory, sex based comments; suggestive or obscene letters or notes; b) Visual conduct of a sexual nature such as explicit, offensive pictures, drawings,or cartoons. c) Physical conduct of a sexual nature such as impeding or blocking movement, gestures or unwanted physical touching.

10/3/ Verbal Conduct of a Sexual Nature Verbal Sexual Advances (blatant or suggestive) Language (derogatory, demeaning, sexual terms) Jokes (sexual jokes) Lewd Remarks (ridicule, nicknames) Discussing Sexual Fantasies (asking about preferences) Reprisals (threats – blatant and implied following a negative response to an advance.) Referring to a body part.

10/3/ Physical Conduct of a Sexual Nature Touching, including a hug, pinch, kiss, stroke of a body part, grabbing, picking someone up, pulling someone onto your lap. Rubbing up against someone. Standing too close to someone. Impeding or blocking movement or passage Following someone. Continually sending unsolicited notes, letters, cards, flowers, gifts to someone who has rejected your advances. Hazing, Assault, Rape.

10/3/ Visual Conduct of a Sexual Nature Sexual Gestures Leering, looking which undress with the eyes and result in or creating a sense of uncomfortableness in the recipient. Posters/calendars that are sexually suggestive or explicit or potentially offensive to someone else. Sexually suggestive objects. Written notes or letters that are sexually explicit, containing propositions, literature, poems, posters or drawings.

10/3/ Sexual Harassment from the Victim’s Perspective Title VII of the 1964 Civil Rights Act, provided, Work Environment Sexual Harassment is measured by whether a “reasonable person” would consider the conduct offensive.

10/3/ Sexual Harassment from the Victim’s Perspective U.S. Court of Appeals decision, Ellison v. Brady, 924 Fed.2d 872 (9 th Cir. 1991), held that the presence of a hostile work environment should be judged from the perspective of a “reasonable woman.” This means that the female victim’s perception of the conduct will largely determine whether the incident(s) are sufficiently severe to create an offensive environment.

10/3/ Sexual Harassment from the Victim’s Perspective cont. California Law: Under the Fair Employment & Housing Act, the environment is evaluated from the victim’s perspective. This standard acknowledges that an individual may suffer work environment sexual harassment even where her co- workers, or a reasonable person, would not be offended by the sexual conduct. (insert magazine video here)

10/3/ Sexual Harassment from the Victim’s Perspective cont. Employees, managers, and discrimination complaint investigators should be aware that sexual harassment complaints may be substantiated, in part, by the victim’s perception of a hostile working environment. If the conduct is of a sexual nature, and the victim is credible, the victim’s perception of the environment will be given great weight.

10/3/ Sexual Harassment from the Victim’s Perspective cont. It is no defense to a hostile environment allegation that the sexual conduct was commonly encountered in the work place. It is no defense that other employees in the work unit found the conduct acceptable.