1. Harassment and Employee Expression and Other Issues
Chapter 7

2. Management Contexts, Relevant Laws, and Cases

3. 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.

4. 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?

5. 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

6. 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

7. 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

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

9. 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

10. 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)

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

12. EXAMPLE OF RELIGIOUS DISCRIMMINATION

13. 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

14. 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.

15. 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