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

Section II Defining sexual harassment 4

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 5

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 6

Define sexual harassment Quid pro quo Hostile environment 7

Define sexual harassment 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 8

Define sexual harassment Quid pro quo –Results in economic loss to employee –Behavior does not have to be explicit –Sexual favoritism 9

Define sexual harassment Hostile environment –Intimidating, hostile or offensive environment –Not free from discriminatory intimidation, ridicule or insult –employer or employees created or condoned it 10

Section III Dealing with sexual harassment 11

Define sexual harassment Numerous employees Numerous occasions Verbal 12

Define sexual harassment Physical Done by supervisor or co-worker 13

Define sexual harassment Unwelcome – employee did not solicit or incite, and the employee regards as undesirable or offensive Sexism and sex discrimination 14

Define sexual harassment Behaviors that constitute sexual harassment –Sexual remarks –Suggestive looks –Kissing sounds –Deliberate touching 15

Define sexual harassment Behaviors that constitute sexual harassment: –Pressure for dates –Pressure for sexual favors –Actual or attempted rape or assault 16

Define sexual harassment Behaviors that constitute sexual harassment: –Promise of a raise for sexual favors –Cartoons or posters of a sexual nature –Vulgar or lewd conduct 17

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 18

Role of the EEOC Individual can file a claim EEOC investigates EEOC makes determination 19

Role of the EEOC Claim filed with EEOC within 180 days of last harassment incident EEOC conducts investigation EEOC determines settlement 20

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 21

Dealing with sexual harassment 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 22

Dealing with sexual harassment Claim taken to those in charge of investigation Investigation should be thorough Meeting between person in charge and complainant Witnesses contacted and interviewed 23

Dealing with sexual harassment Supervisors: –Document incidents –Take steps to stop harassment 24

Dealing with sexual harassment Remedial measures –Should stop harassment –Correct effect on employee –Ensure that harassment does not recur –Should not adversely affect complainant 25

Dealing with sexual harassment Remedial measures may include –Oral or written warning or reprimand –Training or counseling for harasser –Monitoring harasser to ensure harassment stops –Transfer or demotion 26

Dealing with sexual harassment Other remedial measures include: –Reduction of wages –Suspension –Discharge 27

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 28

Dealing with sexual harassment Additional actions would be: –Apology by harasser –Monitoring treatment of employee to ensure no retaliation –Correction of any other harm caused 29

Dealing with sexual harassment Corrective action should reflect severity of conduct Follow-up to ensure harassment has not resumed Make sure victim has not suffered retaliation 30

Dealing with sexual harassment Management required to correct harassment regardless of whether employee files an internal complaint Courts look at how employer addresses issue 31

Dealing with sexual harassment 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 32

Employee’s response to sexual harassment Say no Write a letter Document 33

Employee’s response to sexual harassment Keep work records Look for witnesses Use company procedures File a complaint 34

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 35

Section IV Preventing sexual harassment 36

Preventing sexual harassment 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 37

Preventing sexual harassment 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 38

Preventing sexual harassment Sexual harassment not tolerated Harassment is illegal Have an effective policy 39

Preventing sexual harassment Effective policy should include –Policy statement –Definition of sexual harassment –Non-retaliation policy 40

Preventing sexual harassment 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 41

Preventing sexual harassment Training –Video –Pamphlet –In-class Courts may require evidence of training Training for new employees and for all when laws change 42

Section V Summary 42

Summary of main points Definition of sexual harassment How to deal with sexual harassment How to prevent sexual harassment 44

Questions? 45