Sexual Harassement

Miami Dade College Division of Human Resources Office of Employee Relations/EOP/ADA SEXUAL HARASSMENT PREVENTION http://presentations-expert.blogspot.com

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when
submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) Guidelines Defining Sexual Harassment

submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; and
such conduct has the purpose or affect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
EEOC Guidelines Defining Sexual Harassment

Employee treated differently because of their sex/gender.
SEXUAL HARASSMENT IS DISCRIMINATION BASED ON SEX
Employment decisions based on person’s sex.
Title VII prohibits discrimination based on race, sex, color, national origin, and religion.
Harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964 as amended in 1972; Civil Rights Act of 1991; Title IX of the Education Amendments, College Policy.

Quid Pro Quo
The sexual act or a sexual favor is the prerequisite condition to employment or employment decisions ( i.e., promotion, job benefits ); or academic success or evaluation.
Refusal to engage in the sexual act or provide a sexual favor results in being fired, denied promotion, denied a job benefits; or denied some academic benefit, ( i.e., an appropriate grade, enrollment, participation ).

There is proof the sexual demand was linked to a tangible, economic aspect of the harassed employee’s compensation, term, condition or privilege of employment; or a student’s enrollment, academic benefit, or participation.
Quid Pro Quo

HOSTILE ENVIRONMENT
The threat takes the form of ongoing harassment that interferes with work or school by making the atmosphere intimidating and unpleasant.
The atmosphere is made hostile or abusive by the unequal treatment of the sexes or individuals.
The harassment is “ sufficiently severe or pervasive to alter the conditions of the victim’s employment ”; or academic performance and create an abusive working, or educational environment. The actions are generally repetitive.

Sexual comments as to physical appearance
Sexual comments toward persons
Vulgar, sexually explicit language
DON’TS

DON’TS
Off-color sexual jokes or anecdotes
Explicit questions about one’s sex life, sexual preference or sexual orientation
Comments, sexually explicit or implicit, about one’s clothing, body or looks

DON’TS
Repetitively asking for dates
Use of sexually harassing terms to refer to females ( i.e., bitch )
Whistling, kissing sounds, smacking noises

Writing suggestive notes or sending unwelcome cards
Terms of endearment ( i.e., honey, sweetheart, darling )
Rumor-mongering about a person’s sex life in front of them or behind their back
DON’TS

NON-VERBAL ITEMS TO BE AVOIDED
Unsolicited or inappropriate gifts ( e.g. underwear, night-time apparel )
Offensive photographs or pictures
Staring at a person in an unwelcome manner ( i.e. the once-over )
DON’TS

Kisses, making facial expressions, or sexual gestures
Stalking at the office or after hours
DON’TS
Touching a person’s hair, clothing or body when the touching is unwelcome (i.e. pushing one’s hair out of face, back massages)

NON-VERBAL ITEMS TO BE AVOIDED
Standing inappropriately close to someone
Hugging and kissing when its uninvited
Rubbing against someone when it is uninvited
DON’TS

DO’ S
Listen, sympathize, but don’t judge
Don’t delay
Take the report seriously
Respond to concerns

Document
Follow-up on the complaint
DO’ S
Avoid using “dangerous words” such as, “It’s just teasing – no big deal”

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Sexual Harassement

by Ashit Jain on Jan 29, 2009

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Sexual Harassement — Presentation Transcript