Sexual Harassment Any unwelcome sexual advance acceptance of which is made a condition of continued employment. (Quid pro quo) Any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. (Hostile Environment)

Examples Obscene comments Coerced sex Obscene behavior Refusal of management to discipline for sexual harassment Preference to employee who consents to advances

Effects –to individual worker loss of job loss of wages and/or position retaliation stress –Women as a group limited job options reinforcement of patterns of discrimination constant vigilance of women

Legal background Civil Rights Act of 1964 –prohibited race, color, religion, national origin and sex discrimination EEOC prohibits sexual harassment, 1980

Legal background, 2 Supreme Court: sexual harassment is discrimination –Meritor Sav. Bank v. Vinson 1986 First monetary damages, 1991 CA Supreme 2005 –Consensual sex between supervisor and employee is sexual harassment under certain conditions. (Miller v. Dept. of Corrections)

Legal Definition Conduct of a sexual nature by supervisor, co-worker or customer, which is unreasonable and is severe and pervasive and is either a condition of employment and/or promotion (quid pro quo) or creates a hostile environment.

Conduct of a sexual nature Can be verbal or physical Examples: –sexual advances –outright hostility against women workers –lewd pictures, language which create a sexually poisoned workplace offensive to many women employees

“Unreasonable” which is unreasonable –This is not a subjective standard; the conduct must be objectionable from the point of view of the average reasonable person. –Some courts use the “reasonable woman” standard.

“severe and pervasive” The severity and pervasiveness of conduct is measured by: –The frequency of the conduct –How hostile it is. –Whether it is committed by a supervisor, co-worker or customer. Supervisor conduct is worse because of their power over job. –Whether others were joining in –Whether there were numerous targets

Consensual sex with subordinate Miller v. Dept. of Corrections, CA Supreme Ct. 2005: Consensual sexual affair between supervisor and employee is sexual harassment if it creates a hostile environment in which message is sent to other women employees That they are sexual playthings OR That the only way to get ahead is through sex.

Employer liability Employers are legally liable for sexual harassment –by supervisor, whether or not management knew about it, –by co-worker, if management knew or should have known.

Effective policies Statement –that it will not be tolerated –define prohibited behavior –spell out penalties Training (e.g.CA AB1825) Reporting guidelines Prompt and confidential investigation Make results known Strong policy against retaliation

Confronting sexual harassment Confront harasser If harassment continues –collect evidence –keep a journal –talk with friends and co-workers –contact or organize support group –get a copy of work records –use formal complaint procedures