Sexual Harassment/Harassment

Increasing Awareness

Introduction

This training will cover sexual harassment, and

harassment.

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What you will learn:

•The laws that govern sexual harassment and harassment

•What sexual harassment is

•Causes of sexual harassment

•Types of sexual harassment

•Personal responsibility and accountability

•Retaliation

Sexual HarassmentThe laws that govern:

» Civil Rights Act of 1964

» Equal Employment Opportunity Commission rules in 1986 (EEOC)

» Court decisions in 1986

» Provisions added to Civil Rights Act in 1991

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Defining sexual harassment

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EEOC’s definitionof 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

» Hostile environment• the conduct is severe or pervasive enough to create a

work environment that a reasonable person would consider intimidating, hostile, or abusive

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Define sexual harassment» Quid pro quo

• Results in economic loss to employee• Behavior does not have to be explicit• Sexual favoritism

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con’t.

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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

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Sexual harassment and harassment is about power. Sexual harassment has been and is used as a tool to perpetuate the

subordination of women and men. It is, in most cases, a means by

which men assert power over women through the threat of or acts of violence,

the perpetuation of gender stereotypes, and economic control.

“Sexual harassment is inextricably linked with power and takes place in societies

which often treat women as sex objects and second class citizens.” Source:

Martha Langelan, Back Off! How To Confront And Stop Sexual Harassment and Harassers (July 1993).

Catherine MacKinnon, an early scholar on sexual harassment, explained in

1979: at its most basic level, sexual harassment is the “unwanted imposition of

sexual requirements in a relationship of unequal power.” Perpetrators leverage

the power they have based on their gender or sexual status to gain or maintain

power in the workplace (or school). Source: Catherine A. MacKinnon, The

Sexual Harassment of Working Women, 9-10 (1979).

Dealing with sexual harassment

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Define sexual harassment » May affect Numerous employees

» May occur on a single occasion or numerous occasions

» Verbal and/or physical

» May be perpetuated by supervisor co-worker, customer,

student, or vendor

Con’t.

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Define sexual harassment » Unwelcome – employee did not solicit or

incite, and the employee regards as undesirable or offensive

» Sexism and sex discrimination

con’t.

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Define sexual harassment» Behaviors that constitute sexual harassment

• Sexual remarks• Suggestive looks• Kissing sounds• Deliberate touching

con’t.

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Define sexual harassment» Behaviors that constitute sexual harassment:

• Pressure for dates

• Pressure for sexual favors

• Actual or attempted rape or assault

con’t.

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» Behaviors that constitute sexual harassment:

• Promise of a raise for sexual favors

• Cartoons or posters of a sexual nature

• Vulgar or lewd conduct

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The Wisconsin Department of Workforce Development (DWD) has a work-sharing agreement with the U.S. Equal Employment Opportunity Commission (EEOC) for complaints alleging discrimination on the basis of:

• age • race • creed • color • sex • national origin, or • disability

They will handle the complaint if it is filed with DWD first, as they have jurisdiction. They will also co-file the complaint with the EEOC if it meets the criteria for filing under federal law.

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

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• Western’s complaint policy and procedure, can be found on pages17 – 20 of the Employee Handbook.

• The link to the Complaint Process Resolution Form is on page 20 of Western’s Employee Handbook.

EEOC » Individual can file a claim

with the EEOC

» EEOC investigates

» EEOC makes determination

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EEOC---con’t.

» Claim filed with EEOC within 180 days of last harassment incident, or 300 days if state law covers the conduct (most do)

» EEOC conducts investigation

» EEOC determines settlement

con’t.

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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

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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

con’t.

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Dealing with sexual harassment » Supervisors:

• Document incidents• Take steps to stop harassment

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»Remedial measures

• Should stop harassment• Correct/stop affect on employee• Ensure that harassment does not recur• Should not adversely affect

complainant (no retaliation)

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» Remedial measures may include

• Oral or written warning or reprimand

• Training or counseling for harasser

• Monitoring harasser to ensure harassment stops

• Transfer or demotion

Con’t.

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Dealing with sexual harassment» Other remedial measures include:

˃Reduction of wages˃Suspension˃Discharge

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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

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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

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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 retaliationRetaliation & Work Situations» The law forbids retaliation when it comes to any

aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. (http://www.eeoc.gov/laws/types/retaliation.cfm)

con’t.

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Dealing with sexual harassment» Management required to correct harassment regardless of

whether employee files an internal complaint

» Courts look at how employer addresses issue

con’t.

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Dealing with sexual harassment» If supervisor or manager is aware of

occurrence and does 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

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Employee’s response to sexual harassment

» Say no

» Write a letter

» Document

con’t.

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Employee’s response to sexual harassment

» Keep work records

» Look for witnesses

» Use company procedures

» File a complaint

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Employee role» Take action to curb offensive conduct» Be reasonable » Don’t disregard offensive behavior and hope

it stops» Ask harasser to stop» Do not feel at risk of retaliation, remember,

the law forbids retaliation when it comes to any aspect of employment

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Preventing sexual harassment

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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

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Preventing sexual harassment » Sexual harassment not tolerated

» Harassment is illegal

» Have an effective policy

con’t.

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Preventing sexual harassment » Effective policy should include

• Policy statement• Definition of sexual harassment• Non-retaliation policy

» Policy must be enforced

Please review:

Western Employee Handbook: Anti-Harassment Policy pg. 13

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Preventing sexual harassment» Training

• Video• Pamphlet• In-class

» Courts may require evidence of training

» Training for new employees and for all when laws change

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Prohibited behaviors:Sexual Harassment

• Sexual Assault• Sexual Misconduct

Expected behaviors:• Follow and promote workplace policies,

procedures and legal requirements• Immediately report any incident that gives

pause or concern to believe there may be a problem (pro-active action)

• Participate in creating and maintaining a safe environment for students and staff

• Observe and practice all safety standards

Summary of main points» Definition of sexual harassment

» How to deal with sexual harassment

» How to prevent sexual harassment

» No fear of retaliation

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»Test your Knowledge

Please click this link to complete the training:https://www.surveymonkey.com/s/YSNTMBW

Thank you for completing this training.