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Sexual Harassment in the Workplace- Richard Garrity

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  • 1. Sexual Harassment in the Workplace By, Richard Garrity
  • 2. “A stress free workplace” The ultimate goal
  • 3. This presentation is proprietary information and can’t be copied or reproduced in any fashion without consent from the publisher owner. By, Richard Garrity
  • 4. Sexual Harassment Presentation:
  • 5. Sexual Harassment: Areas of Discussion This comprehensive analysis of sexual harassment will focus primarily on 4 areas of review and suggestions: 1. Traditional Sexual Harassment 2. Previous case law examples 3. Cell phone, Computer, and Electronic Harassment 4. Strategies, Training, and Prevention
  • 6. Sexual Harassment: Definitions and Causes:
  • 7. Sexual Harassment- The Definition: Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment.
  • 8. There are two specific legal definitions of sexual harassment that have been established in employment law: The 1st:
  • 9. • Quid Pro Quo Harassment: "Something for something;" this is the "you do something for me and I'll do something for you" type of exchange. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if she will go out on a date with him, or tells an employee she will be fired if she doesn't sleep with him.
  • 10. • Quid Pro Quo Harassment: Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee's submission to verbal, nonverbal or physical conduct or a sexual nature. Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.
  • 11. There are two specific legal definitions of sexual harassment that have been established in employment law: The 2nd:
  • 12. • Hostile Environment Sexual Harassment: This occurs when an employee is subjected to comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a regular part of the work environment. Generally speaking, a single isolated incident will not be considered hostile environment harassment unless it is extremely outrageous and egregious conduct.
  • 13. There are two specific legal definitions of sexual harassment that have been established in employment law: The 2nd: • Hostile Environment Sexual Harassment: The courts look to see whether the conduct is both serious and frequent. Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.
  • 14. Given this broad definition, it is not surprising that sexual harassment comes in many forms. The following are examples of sexual harassment: A supervisor implies to an employee that the employee must sleep with him to keep a job. A sales clerk makes demeaning comments about female customers to his coworkers.
  • 15. Given this broad definition, it is not surprising that sexual harassment comes in many forms. The following are examples of sexual harassment: An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes. A cashier at a store pinches and fondles a coworker against her will.
  • 16. Given this broad definition, it is not surprising that sexual harassment comes in many forms. The following are examples of sexual harassment: A secretary's coworkers belittle her and refer to her by sexist or demeaning terms. Several employees post sexually explicit jokes on an office intranet bulletin board. An employee sends emails to coworkers that contain sexually explicit language and jokes.
  • 17. You have a Responsibility:
  • 18. You have a Responsibility: As an employer, you have a responsibility to maintain a workplace that is free of sexual harassment. This is your legal obligation, but it also makes good business sense. If you allow sexual harassment to flourish in your workplace, you will pay a high price in terms of poor employee morale, low productivity and costly lawsuits.
  • 19. You have a Responsibility: The same laws that prohibit gender discrimination prohibit sexual harassment. Title VII of the 1965 Civil Rights Act is the main federal law that prohibits sexual harassment. Title VII of the law is widely viewed as the enforcer of sexual and gender discrimination in the workplace and public facilities. The law was introduced in 1963 by President John F. Kennedy which he emulated from the original Civil Rights Act of 1875, and expanded upon that legislation.
  • 20. You have a Responsibility: Sexual harassment is a gender-neutral offense, at least in theory: Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.
  • 21. You have a Responsibility: People of the same sex can also sexually harass each other, as long as the harassment is of a heterosexual nature. For example, if a man's coworkers constantly bombard him with sexually explicit photos of women and sexually explicit jokes, and if this makes him uncomfortable because he is married, this behavior can constitute sexual harassment.
  • 22. Whether sexual harassment of gays and lesbians is illegal under Title VII is an open question right now and the subject of a lot of debate. The U.S. Supreme Court has never addressed the issue, and lower federal courts and state courts are all over the map with their decisions.
  • 23. • Despite the lack of judicial guidance in this area, prudent employers should assume that this type of sexual harassment is illegal as well. The bottom line is, Sexual Harassment is Sexual Harassment, no matter what the sexual orientation of any party involved. Any judicial grey areas in the world of sexual harassment should not be tested nor accepted. All are treated equally and according to one’s companies’ policies.
  • 24. Development and evolution of the Law of Sexual Harassment:
  • 25. Sexual harassment in the American workplace, for women, started to become a major problem in the 1960’s. From that time it had progressed worse. Until, the courts started to step in to curb it….
  • 26. Sexual harassment of men in the American workplace, started to become a moderate problem in the mid 1980’s as women began breaking barriers and entered the workforce in droves.
  • 27. Development and evolution of the Law of Sexual Harassment 1964… The Civil Rights Act of 1964 becomes law. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, and sex. There is no mention of sexual harassment in the law or its legislative history. But the Title has been extended thru litigation to combat sexual harassment.
  • 28. Development and evolution of the Law of Sexual Harassment 1974… • A female employee claims she was retaliated against for rejecting her boss’s sexual advances. There was no sex discrimination, a trial court decides. The male supervisor, the court says, merely solicited his subordinate because he found her “attractive” and then retaliated because he felt “rejected.” • Barnes v. Train, 13 FEP Cases 123 (D.D.C.)
  • 29. Development and evolution of the Law of Sexual Harassment 1976… • The humiliation and termination of a female employee by her male supervisor because she rejected his sexual advances, if proven, would be sex discrimination, a court rules, because it was an artificial barrier to employment placed before one gender and not the other. Williams v. Saxbe, 413 F. Supp. 654, 12 FEP Cases 1093 (D.D.C.)
  • 30. Development and evolution of the Law of Sexual Harassment 1977… • Reversing the 1974 Barnes v. Train case, appealed under a different name, U.S. appeals court rules that a female employee was retaliated against for rejecting sexual advances of her boss; this is sex discrimination in violation of Title VII. (Barnes c. Costle, 561 F.2d 983, 15 FEP Cases 345 (D.C. Cir.)
  • 31. 1980… The Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, issues guidelines interpreting the law to forbid sexual harassment as a form of sex discrimination. 29 C.F.R. §1604.11
  • 32. Development and evolution of the Law of Sexual Harassment 1981… • For the first time a United States court endorses the EEOC’s position that Title VII liability can exist for sexual insults and propositions that create a “sexually hostile environment,” even if the employee lost no tangible job benefits as a result. Bundy v. Jackson, 641 F.2d 934, 24 FEP Cases 1155 (D.C.Cir.)
  • 33. Development and evolution of the Law of Sexual Harassment 1983… • An employer that forbade sexual harassment is held liable for the sexist name-calling of a female air traffic controller because it failed to take corrective action when the employee complained. Katz v. Dole, 709 F.2d 251, 31 FEP Cases 1521 (4th Cir.)
  • 34. Development and evolution of the Law of Sexual Harassment 1985… • Physical violence can be sexual harassment, U.S. appeals court says, even if the conduct is not overly sexual: all that is necessary is that the unwelcome conduct be on the basis of the victim’s gender. (McKinney v. Dole, 765 F.2d 1129, 38 FEP Cases 364 (D.C. Cir)
  • 35. Development and evolution of the Law of Sexual Harassment 1986… • Addressing the sexual harassment issue for the first time, U.S. Supreme Court rules that a woman who allegedly had sex with her boss a number of times, because she feared losing her job if she did not, could sue for sexual harassment.
  • 36. Development and evolution of the Law of Sexual Harassment 1986… • The question is not whether the employee’s conduct was voluntary but whether the boss’s conduct was unwelcome, the Court explains. An employer can be held liable for sexual harassment committed by supervisors if it knew or should have known about the conduct and did nothing to correct it, the Court adds. (Meritor Savings Banks v. Vinson, 477 U.S. 57, 40FEP Cases 1822)
  • 37. Development and evolution of the Law of Sexual Harassment 1988… • When male construction workers hazed three female colleagues, even if the conduct was not specifically sexual in nature, it was gender-based harassment prohibited by the law, a U.S. appeals court finds. (Hall v. Gus Construction Co., 842 F.2d 1010, 46 FEP Cases 57 (8th Cir.)
  • 38. Development and evolution of the Law of Sexual Harassment 1990… • The Equal Employment Opportunity Commission (EEOC) issues a policy statement saying that “sexual favoritism can be sexual harassment”. Isolated incidents of consensual favoritism do not violate Title VII, but sexual favoritism does violate the law if advances are unwelcome or favoritism is so widespread that it has become an unspoken condition of employment, the EEOC says.
  • 39. Development and evolution of the Law of Sexual Harassment 1991… • A sexually hostile environment violating Title VII is found where women were a small minority of the work force and crude language, sexual graffiti, and pornography pervaded the workplace. Title VII is “a sword to battle such conditions,” not a shield to protect preexisting abusive environments, the court declares. (Robinson v. Jacksonville Shipyards, 760 F. Supp. 1486, 57 FEP Cases 971 (M.D. Fla.)
  • 40. Development and evolution of the Law of Sexual Harassment 1991… • A court finds that because male and female sensibilities differ, the appropriate standard to use in sexual harassment cases is that of a “reasonable women” rather than a “reasonable person.” The conduct in question – a man’s unsolicited love letters and unwanted attention might seem inoffensive to the average man, but might be so offensive to the average woman that creates a hostile environment, the court rules. (Ellison v. Brady, 924 F.2d 872, 54 FEP Cases 1346 (9th Cir.)
  • 41. Sexual Harassment in the National Spotlight: The Thomas Clarence Hearings:
  • 42. Sexual Harassment explodes in the national spotlight. Case in point: The Thomas Clarence hearings 1991 • The Senate Judiciary Committee conducts hearings on the nomination of Judge Clarence Thomas to Associate Justice of the United States Supreme Court. One Issue is whether, while he was chairman of the EEOC, that Thomas sexually harassed a female assistant Anita Hill. The alleged conduct occurred in private, Hill did not officially report it, and she continued to see Thomas even after she changed jobs.
  • 43. Sexual Harassment explodes in the national spotlight. Case in point: The Thomas Clarence hearings 1991 • Although some Senator’s believed Hill’s charges, the Senate gave Thomas a seat on the Court. The hearings brought the issue of workplace sexual harassment out in the open and sparked national debate over just what harassment is and what should be done about it.
  • 44. Development and evolution of the Law of Sexual Harassment 1993… • In its second decision on sexual harassment in employment, the Supreme Court rules that a discriminatorily abusive work environment is unlawful even if it does not affect an employee’s psychological well-being. It is enough if (1) the employee subjectively perceives a hostile work environment as a result of gender-based conduct and (2) the conduct was severe or pervasive enough to create an objectively hostile environment -- one that a reasonable person would find hostile. (Harris v. Forklift Systems, 114 S. Ct. 367, 63 FEP Cases 225)
  • 45. Development and evolution of the Law of Sexual Harassment 1996… • A federal court upholds the dismissal of a manager who was fired for disregarding his boss’s order not to discuss an ongoing sexual harassment investigation with other employees. The court rejects the manger, in discussing the investigation with another employee, had been engaged in activity protected by the law. (Morris v. Boston Edison Co., 942 F. Supp. 65 (D. Mass.)
  • 46. Development and evolution of the Law of Sexual Harassment 1996... • A federal court upholds the dismissal of a female employee who made unfounded harassment charges against a male manager after their romantic relationship had ended. The court rejects her argument that the company discriminated against her on the basis of gender by treating her more harshly than her ex-boyfriend. (Cerwinski v. Insurance Services Office, 1996 WL 563988 (S.D.N.Y.)
  • 47. Development and evolution of the Law of Sexual Harassment 1996… • A federal court throws out a sexual harassment claim based on a handful of sexually suggestive comments made over a three-month period. This behavior was not severe or pervasive enough to be unlawful harassment, even though the victimized employee subjectively perceived the behavior as harassing. (McKenzie v. Illinois Department of Transportation, 92 F.3d 473, 167 Daily Lab. Rep. (BNA) E-1 (7th Cir.)
  • 48. Development and evolution of the Law of Sexual Harassment 1997… • A U.S. appeals court rules that where an employer has an effective and well-disseminated policy against sexual harassment, the employer cannot be held liable for hostile environment harassment unless the victim reports the harassment under the policy and the employer fails to remedy it; the company’s knowledge of harassment will not be presumed even if the harassment is pervasive. (Farley v. American Cast Iron Pipe Co., 74 FEP Cases 217 (11th Cir.)
  • 49. Development and evolution of the Law of Sexual Harassment 1998… • In its fourth case on sexual harassment in employment, the Supreme Court holds that men as well as women can bring sexual harassment claims and that Title VII applies to “same-sex” harassment”. An oil platform worker alleged that male co-workers subjected him to sexual assaults and threatened him with rape. He quit and sued the company for failing to stop this conduct.
  • 50. Development and evolution of the Law of Sexual Harassment 1998… • The court holds that even though Title VII does not specifically protect men from gender-based harassment by other men, the general principles of sex discrimination and harassment do apply to that conduct.
  • 51. Development and evolution of the Law of Sexual Harassment 1998… This does not mean that Title VII creates a “general civility code for the American workplace,”… for “social context,” and “common sense” will still control whether particular gender-based conduct is severe enough to create a hostile environment for a reasonable person under the circumstances. (Onacle v. Sundowner Offshore Services, Inc., 76 FEP Cases 221)
  • 52. Development and evolution of the Law of Sexual Harassment 2000… • A female harassed by her male co-worker after their consensual sexual relationship went sour did not suffer gender-based harassment; rather, the harassment showed “contempt” as a result of the “failed relationship.” (Succar v. Dade County Sch. BD., No.99-13681 (11th Cir.)
  • 53. Development and evolution of the Law of Sexual Harassment 2004… • Female store clerks lost their case because they failed to use designated avenues to complain to the designated person, and also failed to reasonably use the Open Door Policy because they did not fully inform managers of harassment or request that action be taken. (Mandray v. Publix Supermkts., Inc., 208 • F.3d 1290, 1300 (11th Cir.)
  • 54. Development and evolution of the Law of Sexual Harassment 2008… US Supreme Court found that school districts could not be held liable for teachers' sexual harassment of a student under Title IX, unless school officials knew about the problem and failed to take appropriate remedial action. Gebser v. Lago Vista Ind. Sch. Distr., (Boca Raton) Docket No. 96-1866.
  • 55. Sexual workplace advances not limited to just women. Harassment of male colleagues illustrated:
  • 56. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: • Two months into his new job at First Mutual Corporation in posh Cherry Hill, NJ. things began to unravel for Louis Oblea. That’s when Jackie Mesinger, the Pagan Princess, as she called herself, a woman twice his age, began groping the young man, as he remembers it.
  • 57. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: Then came lobbing sexual innuendo into their conversations. Oblea reported her to his boss. His response? ”Oh, she does that to some men. She’ll stop eventually. Until then, avoid her”.
  • 58. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: • And so Oblea did just that, until the day after Christmas, when he logged onto his company computer and clicked on his e-mail: There was the Pagan Princess, completely nude and performing an inappropriate act on herself. Not two minutes later, another company e-mail from her landed in his in-box.
  • 59. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: This one, of another woman, in another inappropriate position. Oblea complained again. He even showed his boss the pictures. Please, he said, just make it stop.
  • 60. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: His complaints echoed up the chain of command, but they were ignored, perhaps because Jackie Mesinger was also the company’s rainmaker, reeling in the big clients. Young Oblea was just an entry-level loan officer. He was expendable. Two days later, when Mesinger heard that Oblea was making noise, she sent him an e-mail. “You should rethink your position”, it read.
  • 61. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: A few weeks after that message, although Oblea’s manager had recently said that he was adapting well to his new position, First Mutual fired him, for poor work performance.
  • 62. Sexual Harassment in the “Spotlight”. The Oblea- Mesinger case: That’s when Oblea turned to the Equal Employment Opportunity Commission. The EEOC filed a lawsuit on his behalf, and he received a monetary settlement from First Mutual. Oblea then quietly slipped away. No media blitz. After all, who would empathize? Was it even possible for a man to be sexually preyed upon by a woman?
  • 63. Sexual Harassment in the “Spotlight”. The James Stevens- Laura Marko case: James Stevens, a soft-spoken, devout Christian who worked for more than 15 years at a Vons Supermarket in Simi Valley, CA, who claims that a coworker named Laura Marko was inappropriate with him every day for two years. “Most black men would love to have a white woman sexually harass them” — that’s what he would hear. The crude remarks continued and repulsed the happily married Mr. Stevens.
  • 64. Sexual Harassment in the “Spotlight”. The James Stevens- Laura Marko case: Stevens finally complained, and the company transferred him instead of dealing with the situation. “And the first thing out of my wife’s mouth is, ‘Why are they transferring you if she was harassing you?’ In the back of her mind, she was thinking maybe I could have been harassing this woman,” he says. His coworkers thought that, too. The rumor spread. And then Vons Supermarket fired him without warning or just cause.
  • 65. In-appropriate behavior and the costs of “ignoring” such behavior:
  • 66. Sexual Harassment in the “Spotlight”. The James Stevens- Laura Marko case: Stevens wife eventually took their young daughter and left him because of the controversy. Stevens filed suit against the company. Determining that Vons fired him in retaliation for his complaining about being sexually harassed, a jury awarded Stevens $18 million, one of the largest decisions of its kind. (Vons has appealed this decision.)
  • 67. Sexual Harassment in the “Spotlight”. The Orlando Sgt. Barbara Jones:
  • 68. Senior undercover drug detective Matt Floeter, was a deeply tanned 41-year-old with bulging muscles and piercing blue eyes. From the day Sergeant Barbara Jones took over as the supervisor of this hard-core, paramilitary-style unit of the Orlando Police Department, she could not keep her hands to herself, he stated, grabbing and hugging him and the other male Officers every time they passed her desk in their big, open box of an office. “She was like a kid in a candy shop,” he once stated.
  • 69. Floeter did complain. Finally, after three months of the alleged behavior and gross inappropriate fondling, following a closed-door meeting with Jones in which she came down on him about his poor work ethic and threatened to subpoena his phone records because he was using his cell phone while on duty for calls related to his personal business, Aqua Cops- a home water filtrations system. He additionally reported 2 Lieutenants and 3 Officers of viewing and disseminating porn while on duty on police computers.
  • 70. In another meeting, Jones detailed changes she was set to implement that Floeter felt would undercut his investigative work and damage his reputation. Floeter then drove straight to Internal Affairs and reported her for sexual harassment and retaliation.
  • 71. The Consequences of your actions:
  • 72. The city settled out of court with Floeter in December of 2005, for an undisclosed amount. For her part, Barbara Jones was reprimanded for conduct unbecoming of an Officer and demoted to Public Information Officer with no supervisory capacity.
  • 73. Sexual Harassment in the corporate workplace: • Sexual harassment of men does occur, though there is less information about the problem because men are less likely to report the behavior. Sexual harassment of men in the workplace is most often same-sex harassment, and focused on men who are deemed less masculine than the others; however, neither the perpetrators nor the victim will necessarily be gay. Still, there are increasing reports of men being harassed by women, particularly female supervisors. (See Oncale Vs. Sundowner-1991)
  • 74. Leave him alone. His gender preference is his business only
  • 75. That includes Her as well. Her right to privacy is a given (My that brunette is trouble)
  • 76. Sexual Harassment Spotlight: Jenson v. Eveleth Taconite Co.
  • 77. Sexual Harassment Spotlight: Jenson v. Eveleth Taconite Co. Lois E. Jenson v. Eveleth Taconite Co. was the first class-action sexual harassment lawsuit in the United States, filed in 1988 on behalf of Lois Jenson and other female workers at the EVTAC mine in Eveleth, Minnesota Jenson first began working at the site in March 1975 and along with other women, endured a continuous stream of abhorrent behavior from male employees, including sexual harassment, abusive language, threats, stalking and intimidation.
  • 78. Sexual Harassment Spotlight: Jenson v. Eveleth Taconite Co. • On October 5, 1984, she mailed a complaint to the Minnesota Department of Human Rights outlining the problems she experienced. In retaliation, her car tires were slashed a week later. In January 1987, the state requested that Ogelbay Norton Co. a Cleveland, Ohio-based part-owner of the mine, pay US $6,000 in punitive damages and $5,000 to Jenson for mental anguish, but the company defiantly refused.
  • 79. Sexual Harassment Spotlight: Jenson v. Eveleth Taconite Co. A liability trial began on December 17, 1992 in front of Judge Richard Kyle in St. Paul, Minnesota, and six months later, he ruled that the company should have prevented the misconduct. The company was ordered to educate all employees about sexual harassment.
  • 80. Sexual Harassment Spotlight: Jenson v. Eveleth Taconite Co. The trial court found in favor of the women, but with some unsavory remarks and awarded them a paltry 10,000 dollars each. They appealed. On December 23, 1998, just before the trial was set to begin, fifteen women settled with Eveleth Mines for a total of $3.5 million. The case was documented in the 2002 book Class Action and a 2005 fictionalized film version, North Country..
  • 81. City Hall, Opa-Locka, Florida. Sexual Harassment & Rape
  • 82. Griffin v. City of Opa-Locka, Case No. 98-1550, (S.D. Fla. 2000), In the fall of 1995, Angelita Griffin who worked for the City of Opa- Locka, Florida, was repeatedly sexually harassed by her superior Ernie Neal. The treatment and sexual comments made by Neal were brutal and atrocious at best. Griffin complained to the Vice Mayor of Opa- Locka several times about this abhorrent behavior, but the Vice Mayor simply laughed it off.
  • 83. Griffin v. City of Opa-Locka, Case No. 98-1550, (S.D. Fla. 2000), The brutal and repressive sexual harassment involved unwanted touching, close hugs to feel Miss Griffin’s chest, comments to other co-workers to get the “big breasted” woman in my office, and constant badgering to be her boyfriend. Miss Griffin as best as she could, rebuffed all advances by Mr. Neal. Mr. Neal was equally verbally abusive.
  • 84. Griffin v. City of Opa-Locka, Case No. 98-1550, (S.D. Fla. 2000), All this sexual and abusive treatment of Miss Griffin over 4 months culminated in November 1995 when Mr. Neal coerced his way into Miss Griffin’s apartment after a city event and….raped her. Griffin sued the City of Opa-Locka for the sexual harassment & rape and was awarded by a federal jury 500,000 dollars for the harassment and 1.5 million dollars for the rape incident.
  • 85. Critical Questions about Sexual Harassment in the Workplace:
  • 86. Doesn’t sexual harassment have to involve sexual advances or other conduct that is sexual in nature?
  • 87. No. The 1980 EEOC Guidelines on Sexual Harassment do suggest that conduct constituting sexual harassment must be “conduct of a sexual nature,” but it is just as wrong and just as unlawful to harass people with gender-based conduct of a nonsexual nature. Consider, for example, a man and a woman each holding the same kind of job in an organization. If their supervisor gives demeaning and inappropriate assignments
  • 88. • (such as serving coffee, picking up dry cleaning, emptying a waste basket) to the woman, but not to the man, because of the woman’s gender, that conduct, if sufficiently severe or pervasive, could amount to harassment on the basis of sex even though the assignments are not sexual in nature but whether it was based on the victim’s gender.
  • 89. Isn’t sexual harassment limited to situations where supervisors make sexual demands on subordinates?
  • 90. No. Sexual power plays by supervisors constitute the most widely publicized and easily understood form of sexual harassment. But harassment also occurs when supervisors, co-workers, or even non-employees create a hostile environment through unwelcome sexual advances or demeaning gender-based conduct. There have even been cases where a subordinate has sexually harassed a supervisor.
  • 91. Isn’t sexual harassment limited to situations where supervisors make sexual demands on subordinates? Regarding harassment by non-employees (clients, customers, vendors, consultants, independent contractors, and the like) the employer’s ability to police unwelcome conduct may be more limited than with employees. For example, it is easier to investigate and discipline an employee than a customer. The employer still must take reasonable steps to address the situation once the matter comes to its attention.
  • 92. Can sexual harassment occur without physical touching or a threat to the employee’s job?
  • 93. • Yes. The nature of sexual harassment may be purely verbal or visual (pornographic photos or graffiti on workplace walls, for example), and it does not have to involve any job loss. Any non-sexual but gender-based conduct that creates a work environment that a reasonable person would consider hostile may amount to sexual harassment in the workplace.
  • 94. Is sexual harassment of men, either by women or by other men, unlawful?
  • 95. • Yes. Although sexual harassment generally is perpetrated by men against women, any form of unwelcome sexual advance against employees of either gender may be the basis for a case of unlawful sexual harassment. (United States Supreme Court, 1998)
  • 96. Can individuals be legally liable for harassment, or just employers?
  • 97. • Some courts have held that individual employees cannot be liable under Title VII. Some state laws, however, do impose personal liability on individuals for perpetrating harassment. While employers often provide a legal defense for supervisors in a lawsuit, an employer may be entitled, after a court decision against it, to recover damages and legal expenses from a supervisor whose unauthorized conduct created the problem to begin with.
  • 98. I’m so mad at the person who harassed me and at my employer that I just want to sue. Should I even bother to complain under my employer’s sexual harassment policy?
  • 99. • Yes! You owe it to your employer and to your co-workers to report through the organization’s channels to give the employer a chance to solve the problem promptly, before others are affected. A prompt complaint is also something that you owe yourself, even if your sole concern is to sue your employer. If you fail to use internal procedures, the employer’s defense will be sure to use that fact to argue that,
  • 100. (1) the conduct complained of never occurred, (2) the conduct was not really unwelcome, (3) the conduct was not severe or pervasive enough to create a hostile environment, or
  • 101. (4) the employer cannot be held responsible for preventing or correcting harassment that it did not know about. Furthermore, under the 1998 decision by the U.S. Supreme Court in Ellerth VS. Faragher-2002, if the employer has an effective anti-harassment policy that the employee unreasonably fails to use, the employer may win the hostile environment lawsuit on that ground alone.
  • 102. Causes of Sexual Harassment in the Corporate Workplace:
  • 103. The causes of sexual harassment at work can be complex, and steeped in socialization, politics, and psychology. Work relationships can be quite intimate and intense, and those involved share common interests. Employee's are dependant on each other for teamwork and support, and are dependant on their supervisor's approval for opportunities and career success.
  • 104. Managers, Supervisors and employers can grow accustomed to the power they have over their employees. Such closeness, influence, and intensity can blur the professional boundaries and lead people to step over the line.
  • 105. • Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity, etc., can create hostile environments that leak over into working relationships. Personal problems can also be a factor, and sexual harassment can be a symptom of the effects of life traumas such as divorce and other traumatic events that alter one’s behavior and reason.
  • 106. However, one of the most common causes of sexual harassment, is simple. One gender finds the other extremely attractive and alluring. This tends to lead to aggressive and unreasonable behavior by the sexual harasser, who normally may not act in that manor. Often, before the person knows it themselves, they have gone too far and created problems.
  • 107. That is why when one feels harassed, that the problem is immediately reported and addressed before it becomes a larger issue or even a legal case.
  • 108. No occupation is immune from sexual harassment; however, reports of harassment of women is higher in fields that have traditionally excluded them, including blue collar environments, such as mining, firefighting, law enforcement, military, and white collar environments, such as surgery and technology. It has been challenging for men in these fields to adjust to women in the ranks that have traditionally been dominated by them for centuries~
  • 109. Sexist or sexualized environments-workplace environments full of sexual joking, sexually explicit graffiti or objects, viewing Internet pornography, etc.--usually shape the attitudes that male workers have towards their female colleagues. For example, in an environment where obscenities are common, women are 3 times more likely to be sexually harassed than in an environment where such talk is not tolerated. In environments where sexual joking is common, women are 3 to 7 times more likely to be sexually harassed. The “environment” sets the tone.
  • 110. See the whole hand on the shoulder thing. NO
  • 111. There you go. Much Better!
  • 112. See the whole hand on the chair thing. Just fine~
  • 113. When does an Environment become Sexually Hostile?
  • 114. • To create a sexually hostile environment, unwelcome conduct based on gender must meet two additional requirements: (1) it must be subjectively abusive to the person(s) affected, and (2) it must be objectively severe or pervasive enough to create a work environment, that a reasonable person would find abusive. To determine whether behavior is severe or pervasive enough to create a hostile environment, the finder of fact (a court or jury) considers these factors:
  • 115. When Does an Environment Become Sexually Hostile? Consider these factors:
  • 116. The frequency of the unwelcome discriminatory conduct; The severity of the alleged conduct Whether the conduct was physically threatening or humiliating, or a mere offensive utterance; Whether the conduct unreasonably interfered with work performance; The effect on the employee’s psychological well-being; and Whether the harasser was a superior in the organization.
  • 117. Respond Appropriately When You Encounter Sexual Harassment: If you experience sexual harassment or witness it, you should make a report to the appropriate official. You do not have to report the incident to your supervisor first, especially if that is the person doing the harassing. Before you report a problem, you might want to try some self-help techniques, using the DO’s and DON’Ts listed next.
  • 118. Respond Appropriately When You Encounter Sexual Harassment: If you do follow these self-help suggestions, remember that sexual harassment is an organizational problem, and the employer wants to know about it so it can take prompt and appropriate action to ensure that no further incidents occur, with the present victim or other employees, in the future. Report incidents immediately, especially if they are recurring. Employees who promptly report harassing conduct can help their organization as well as themselves.
  • 119. Do: Admit that a problem exists Tell the offender specifically what you find offensive Tell the offender that his or her behavior is bothering you Say specifically what you want or don’t want to happen, such as “please call me by my name not Honey,” or “please don’t tell that kind of joke in front of me.”
  • 120. Don't: Blame yourself for someone else’s behavior, unless it truly is in-offensive Choose to ignore the behavior, unless it is truly inoffensive Try to handle any severe or recurring harassment problem by yourself -- get help.
  • 121. Saying NO to Sexual Harassment and Inappropriate Behavior:
  • 122. Sexual Harassment in our High Tech Age: Cell Phones
  • 123. Turn Flirty into Professional: If you should receive a flirty cell text from your supervisor, turn it around on the sender. If a superior texts something like, "You looked pretty in that dress today," or “Your perfume really caught my attention”… respond with:
  • 124. Turn Flirty into Professional: "The meeting went well. Thanks for your professional leadership”… Specifically, you want to acknowledge that you received the text, and at the same time show that you will not engage in personal matters….with finesse.
  • 125. Sexual Harassment in our High Tech Age: Computers:
  • 126. Sexual Harassment in our High Tech Age: E-Mails: • EMPLOYEES who send lewd jokes around the office by e-mail could land their companies with unlimited compensation payments for sexual harassment. Even when an offensive e-mail is not sent directly to a colleague, but is circulated to others in the same workplace, it can constitute harassment. So too can viewing pornographic images on a computer screen next to a colleague who finds them offensive and or inappropriate.
  • 127. Sexual Harassment in our High Tech Age: E-Mails: Electronic sexual harassment is “a significant new issue” for employers in the 2000’s. At every stage, as technology has the potential to improve lives, it has the potential to have a negative impact in other ways. It would be quite possible for an offensive e-mail to be part of an environment that constituted sexual harassment.
  • 128. Sexual Harassment in our High Tech Age: E-Mails: Because sexual harassment by e-mail is silent, immediate and almost indistinguishable from proper work, it can be difficult for employers to detect perpetrators. Today’s world makes it harder for employers to guard against sexual harassment because it could be conducted below their radar. You can’t always tell what people are sending on their computers.
  • 129. Maybe this is an indicator that she doesn't like your messages..
  • 130. The “Swire” effect:
  • 131. Using “Common Sense”.. The Swire Effect: • Sending lewd messages via the office e-mail system can be highly dangerous, as Claire Swire knows only too well. In London, in December 2000, the Public Relations executive sent an e-mail & lewd picture of herself to her lawyer boyfriend Bradly Chait, congratulating him on his sexual prowess. • Mr. Chait forwarded the e-mail to six friends, and by the end of the week an estimated 2 million people had seen it. The lawyer was disciplined for his indiscretion and, six years later, the phenomenon is still known as the “Swire effect”.
  • 132. In-Appropriate office attire:
  • 133. Appropriate and In- Appropriate office attire are always personal decisions that can influence others workplace behavior…Attire can be directly linked to sexual harassment conduct.
  • 134. A lawsuit just waiting to happen... Prevent it before it happens..
  • 135. However risqué a woman’s attire maybe, she still has a presumed right not to be sexually harassed. So, if you do get hit with a complaint, don’t blame her for your behavior.
  • 136. Adhere to the company dress code protocols!!
  • 137. Failure to be proactive is costly
  • 138. “How you dress and present your self is a direct reflection of yourself and the company image”
  • 139. Image Projected: Professional and Responsible
  • 140. The Office Romance: Avoiding the temptation
  • 141. The Office Romance: Avoiding the temptation 9 out of 10 workplace relationships or "office romances" don't work and end up in disaster, which in most cases usually end up in in some type of litigation that is always costly to the company and reputations.
  • 142. The Office Romance: These office flings usually are born of heavy mutual attraction or desire to advance and often end in ugliness as one party does not want to commit further than the other, or one party did not receive the anticipated promotion or pay raise they were led to believe they would receive. This is a recipe for disaster.
  • 143. The Office Romance: Mangers and subordinates must refrain the desire or temptation to become romantically involved. These situations statistically always end up ugly and nobody wins in the long run.
  • 144. The Office Romance: If a manager or supervisor becomes seriously involved with a subordinate- and vice versus, both parties should meet with their perspective Human Resource departments to discuss viable options and the best course of action to insure that company regulations are being followed and to avoid potential future problems down the road.
  • 145. Office Romance: The 3 Critical Factors 1. Danger of perceived or actual compromise at work. When in an office romance, your life will go under a microscope. Members of the team will be watching to see if your ‘love’ will get special breaks and concessions, awards and privileges. The temptation may be there to turn a blind eye to infractions by your love interest, creating conflict among the team.
  • 146. Office Romance: The 3 Critical Factors 1. Danger of perceived or actual compromise at work. There may be perceived loss of trust, respect, and confidentiality as co-workers may be concerned about company business becoming ‘pillow talk’.
  • 147. Office Romance: The 3 Critical Factors 2. Danger of nasty public breakup and the consequences Breaking up under any circumstances is hardly pleasant business; imagine breaking up under the scrutiny of your workplace. Worse yet, if the love interest fallen from grace is a direct part of your work team or department, it can be awkward and uncomfortable for all concerned and in some cases, there can be rudeness, snide remarks, insults, unveiled resentment, and even open arguments. Not good business
  • 148. Office Romance: The 3 Critical Factors 3. Danger of having to transfer, quit or lose your job • Finally, you can stand to lose it all in an office romance. Everything you know at work can change, just to keep the peace. Depending on company policy, office romance can present a conflict of interest or violation of what that company allows, causing one party to either transfer to another department or location or leave the job altogether.
  • 149. Office Romance: The 3 Critical Factors 3. Danger of having to transfer, quit or lose your job • Worse yet, your love interest may be the one to determine that you should leave because the romance did not work out; then you might have a wrongful termination to defend, costing time, money, and more emotional energy, not to mention a tarnished professional reputation.
  • 150. Unacceptable Office Conduct: “Him”
  • 151. Unacceptable Office Conduct: “Her”
  • 152. They say it takes “two to tangle”. When at work, simply don’t tangle~
  • 153. The only hand holding that should occur in the office:
  • 154. ~The goal of the Team is business success, not business disruption~
  • 155. Taking a Stand:
  • 156. Sexual Harassment, by definition is against the law!
  • 157. So. When the person says STOP.. simply stop and think
  • 158. Or..pay the consequences
  • 159. The consequences of Sexual Harassment: • As the picture in the previous slide illustrates, a man is in handcuffs. Although this image may appear to be symbolic to the subject at hand, it is very real. Although it is almost unheard of to be actually cuffed and charged with sexual harassment in the workplace, the reality of being actually charged, is real.
  • 160. The consequences of Sexual Harassment: • Although most cases do play out in the courtroom or conference room, some forms of sexual harassment involve actual unwanted touching or a sexual battery. Simply touching, grabbing, or fondling another person and or employee can constitute a sexual battery if that action was unwanted or consent to do so, was clearly not given.
  • 161. Sexual Harassment can take a heavy toll on a person, their performance, and their families…
  • 162. BULLYING
  • 163. Demeaning a woman in the corporate workplace is not necessarily sexual harassment nor is it such illegal behavior. However, demeaning or berating behavior toward any employee is, absolutely, unequivocally, unacceptable
  • 164. Workplace bullying is not isolated to male on male nor is it soley female on female or female to male or vice versa. It is unacceptable conduct.
  • 165. Just leave her alone. It is that simple gentlemen.
  • 166. Sexual Harassment- Strategies for Prevention There are a number of steps that you can take to reduce the risk of sexual harassment occurring in your workplace. Although you may not be able to take all of the steps listed below, you should take as many of them as you can.
  • 167. Sexual Harassment- Strategies for Prevention The number one key for companies fighting claims, is that they made legitimate efforts to confront and correct the problem.
  • 168. Sexual Harassment- Strategies for Prevention • Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment. • That policy should:
  • 169. Sexual Harassment- Strategies for Prevention Define sexual harassment State in no uncertain terms that you will not tolerate sexual harassment State that you will discipline or fire any wrongdoers Set out a clear procedure for filing sexual harassment complaints
  • 170. Sexual Harassment- Strategies for Prevention State that you will investigate fully any complaint that you receive, and State that you will not tolerate retaliation against anyone who complains about sexual harassment
  • 171. Sexual Harassment- Strategies for Prevention –Train employees: At least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment, review your complaint procedure, and encourage employees to use it.
  • 172. Strategies for Prevention: Train supervisors and managers: At least once a year, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints. Dealing with complaints quickly and responsively is important. Let your employees know they have a right to work in an environment that is free of sexual harassment.
  • 173. This type of strategy prevention is highly not recommended.
  • 174. Water cooler gossip and unwanted sexual comments:
  • 175. Sexual- Suggestive comments do not require patterns or a continuum. Although it may not meet the legal criteria for “harassment”, just one sexual in nature comment is in-appropriate and cause for termination.
  • 176. Men and woman make unwanted sexual comments about each other all the time. Sometimes these comments are made about them without their knowledge. Even if these comments are made out of their presence, it still constitutes harassment.
  • 177. I am who I am and I wont be harassed under any circumstances
  • 178. > The rights of one <
  • 179. The Rights of One: Unwanted and or unsolicited comments directed at a fellow employee concerning his/her physical anatomy is strictly prohibited. Even “subtle” comments that you may think are harmless, are forbidden. Any comment or suggestive remarks aimed at one’s anatomy is sexual in nature.
  • 180. All corporate personnel, regardless of gender or preference, deserve to be treated with dignity and professionalism.
  • 181. Sexual Harassment:
  • 182. Sexual Harassment: When the line is crossed: There are many ways that sexual harassment develops. Different people have different definitions of what constitutes sexual harassment as well as appropriate counter measures to such behavior. That is why this training presentation is so vital to the corporate office environment so that all concerned will be “educated” on
  • 183. Sexual Harassment: Defining the process: Sexual harassment of an individual begins and ends like this: 1. A male or female employee finds someone attractive or alluring. 2. The male or female employee makes gestures that they are interested in them personally. 3. The male or female employee begins light touching perhaps
  • 184. Defining the process: 4. The employee makes it clear they are not interested in anything personal or sexual to the other. 5. The offending employee begins to make “unwanted” advances either by continued touching, e-mails, texting, hand written notes, verbal gestures, or sexual images, etc. 6. The employee makes it clear they are not interested and to “STOP” the continued
  • 185. Defining the process: 7. This is where, technically, sexual harassment begins, when the employee has stated that you must STOP with your current behavior and personal inquiries. 8. If the continued pattern of unacceptable behavior continues and the offended employee makes “multiple” requests to stop and it does not, this is sexual harassment by legal definition.
  • 186. Defining the process: 9. At this point, the employee being allegedly harassed must make a formal complaint against the offender to HR for proper follow up, correction, and resolution. 10. If the HR dept. fails to properly correct the inappropriate behavior or document said incident and the harassment continues, then the company is now liable for damages.
  • 187. Defining the process: This is where many people not fully educated on sexual harassment guidelines and definitions make the common misperceptions. A company is not legally liable by the sexual harassment behavior in itself or the length of time that said harassment has transpired.
  • 188. Defining the process: They are “liable” and culpable when they have been informed of said unacceptable behavior, the unacceptable behavior continues, and the unacceptable behavior is not “corrected”.
  • 189. False Accusations: Using “Sex” as a weapon….
  • 190. False Accusations: Making false allegations of sexual harassment can lead to civil suits and termination
  • 191. Spotlight- False Accusations made by a woman: False allegations of sexual harassment can occur by both genders. But previous case studies and retractions unequivocally show that these claims are made by the female gender. False claims (knowing full well that the claim is bogus) of sexual harassment are a serious issue and can be devastating to the person it is leveled against. In some instances, people have actually taken their own life due to the painful fallout.
  • 192. False Accusations: Making false claims of sexual harassment can destroy one’s career and even their marriage. (Disclaimer: This presentation and the Instructor does not endorse nor defend the Herman Cain accusations)
  • 193. Spotlight- False Accusations made by a woman: The real issue with women making a false allegation of sexual harassment, is not so much the accusation itself, but rather the way such an accusation is treated.
  • 194. Spotlight- False Accusations made by a woman: For example, if a man and a woman are in an elevator together and the woman subsequently makes a claim that she was groped by the man, what happens? The ugly truth of the matter is that the man is guilty until proven innocent. However, as there is no way to prove innocence, the man becomes permanently guilty by default. This is a very dangerous culture to foster and ripe for abuse.
  • 195. Spotlight- False Accusations made by a woman: The negative associations that have become attached to men in our minds are very, very strong indeed, and the simultaneous victimhood and virtue of women is equally as strong. What this means is that we as a society are instantly primed and ready to believe the very worst of men or at a minimum, the core element of the allegation without a second thought. This is what makes it so easy for a woman to make false claims of abuse and be instantly believed regardless of the good character of the accused man. But, if it is shown that the allegation was clearly untrue:
  • 196. Then, be prepared for this. And it could be very very costly~
  • 197. False allegations and ruined reputations… –Rising or more frequent cases of false accusations relevant to sexual harassment can dilute or weaken legitimate claims of sexual harassment. This can be harmful to many women when trying to convey or prove their complaint of inappropriate conduct.
  • 198. False allegations and ruined reputations… “Crying Wolf” only serves to sabotage the very systems and mechanisms in place to combat and deal with sexual harassment. So…Don’t do it….
  • 199. Federal Guidelines: Equal Employment Opportunity Commission (EEOC) “Threshold Issues”
  • 200. The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new Compliance Manual section on Threshold Issues. This new section replaces Section 605: Jurisdiction and nine other Commission policy statements. It is part of an ongoing EEOC project to update and streamline its Compliance Manual, the basic policy document for its investigators.
  • 201. What are Threshold Issues? Threshold issues are requirements that an individual must satisfy in order to have a legal claim under the EEO statutes. When a charge is filed with the EEOC, the investigator determines whether threshold requirements are satisfied before considering the substantive claim of discrimination.
  • 202. The new section discusses the threshold requirements under all of the statutes enforced by the EEOC: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title I of the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, and section 501 of the Rehabilitation Act of 1973. Many threshold requirements are the same under all of the statutes. Differences that arise under particular statutes are identified in the new section.
  • 203. Don’t Lose Sight of the objectives:
  • 204. It’s all about……. Training. Training. Training!
  • 205. Did I mention Training?
  • 206. Going to work should not be cause for you to want to pull your hair out.
  • 207. There is enough stress in the office. One should not have worry about the added stress of personal conflict-
  • 208. Optimum efficiency and mental health concerns are at risk when alien stress is created in the workplace.
  • 209. The goal is “smiles” not “headaches”.
  • 210. So guys, don’t be a pain in the @$$
  • 211. True professionals never deviate from policy, they adhere & abide by it.
  • 212. Don’t make her run for the front entrance..make her jump
  • 213. A sexual harassment free workplace is a good reason to jump for joy!
  • 214. Questions or concerns about sexual harassment? Call your HR rep. without hesitation. It is always confidential.
  • 215. Always remember this old and wise Chinese proverb:
  • 216. “ No Fishing off the Company Pier”
  • 217. Dress for success!!
  • 218. Recommended Reading: “Beyond the Cleavage” by Raquel Welch
  • 219. “Sexy Boss” by Heather Havenwood
  • 220. “Sexual Harassment Workbook” by James Baker
  • 221. ~Thank you for attending today’s presentation~
  • 222. Footnotes and disclosure: – Portions of this presentation were researched and compiled from the following resources: – Marie Claire Magazine, May 2005 Issue – U.S. EEOC Commission – Jill Spiegel, author of How to Talk to Anyone About Anything! The Secrets to Connecting – The Reg, June 2006 – United States Supreme Court Reports – Sexual Harassment Support- Online – Equal Rights.Org

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