Sexual Harassment Employee On Employee

Sexual Harassment: Employee on Employee William Allan Kritsonis, PhD

Definition
Sexual harassment is defined as unwelcome
sexual advances, requests for sexual favors,
or other verbal, visual, or physical conduct
of a sexual nature made by one person to
another.

Two Kinds of Sexual Harassment
Quid pro quo occurs when a
person in authority such as
a manager, supervisor or
faculty member makes an
unwelcome sexual advance
or request for a sexual favor
to an employee or student
and submission to or
rejection of the advance is a
condition of employment or
academic standing.
Hostile environment
harassment consists of
unwelcome sexual
misconduct that
substantially interferes with
work or academic
performance or creates a
hostile working or learning
environment.

Forms of Sexual Harassment
Physical
Verbal
Visual

Physical Form
Touching
unwanted massages
patting, caressing, or fondling
impeding or blocking movement
standing closer than appropriate or necessary for the work being done, touching or rubbing oneself sexually around or in view of another person, or assault.

Verbal Form
targeting a person with sexual comments, slurs, jokes, or rumors
verbal sexual advances, threats or propositions
verbal abuse of a sexual nature
making sexual comments about a person's clothing, body, or looks
sexually degrading words used to describe an individual
suggestive or obscene letters, notes, or invitations
turning work or academic discussions into sexual discussions
asking about sexual fantasies, preferences, or history, and
asking personal questions about social or sexual life

Visual Form
leering (looking at someone in s sexually suggestive manner)
making suggestive gestures
displaying pornography, sexually suggestive pictures, cartoons, posters or literature
having sexually suggestive software on a work or academic computer.

When Reporting Sexual Harassment
Reports can be oral or in writing. The report must
include several things:
name of the alleged harasser
detailed description of harassing acts
names of any possible witnesses
time period of harassing acts
whether any tangible job action has occurred (demotion, termination, missed promotion, undesirable job assignment).
***The complainant will not be required to confront the alleged harasser as part of the reporting or investigatory process.

Guzman v. Harlandale I.S.D,
A male teacher repeatedly bothered two female colleagues
with unsolicited comments of affection, and was terminated for his
immorality. Immorality was defined by the Texas Commission of
Education to mean willful, flagrant, or shameless behavior that shows a
moral indifference to the opinion of the good and respectable members
of the community in which the behavior occurs. Guzman had made
such suggestions that they should go away for the weekend, and that
he wanted to be her puppy so that she would take him home and take
care of him. The commissioner stated that Guzman’s unsuccessful and
boring attempts to win the affection of the teachers did not amount to
the aforementioned definition of immorality. The commissioner
ordered the teacher to be reinstated.

Masson v. School Board of Dade County
Masson alleges that she was subjected to a
hostile work environment based on the explicit
remarks of John Leyva, the principal and her
immediate supervisor. Masson also alleged that
Leyva has a pattern and practice of sexually
harassing his other subordinate female employees.
The courts found that the school board was not
liable for sexual harassment of a female teacher by
a male principal.

Clark County School District v. Breeden
In 1994, the respondent’s male supervisor met
with the respondent and another male employee to review
evaluation reports of four job applicants. During this
meeting, a report disclosed that the applicant had once
made and inappropriate comment to a co-worker. The
respondent claims that she was punished for complaining
to the petitioner’s personnel about the alleged sexual
harassment. In 2002, the courts ruled that a single
incident of alleged sexual harassment does not violate Title
VII of the Civil Rights act of 1964.

Prevention
Develop an anti-harassment policy together with employees, managers, and union representatives.
Communicate the policy to all employees
Make sure that all managers and supervisors understand their responsibility to provide a harassment-free work environment.
Ensure that all employees understand the policy and procedures for dealing with harassment - new and long-term employees alike - this involves training, information and education.
Show you mean it - make sure the policy applies to everyone, including managers and supervisors.

Prevention, continued
Promptly investigate and deal with all complaints of harassment.
Appropriately discipline employees who harass other employees.
Provide protection and support for the employees who feel they are being harassed.
Take action to eliminate discriminatory jokes, posters, graffiti, e-mails and photos at the work site.
Monitor and revise the policy and education/information programs on a regular basis to ensure that it is still effective for your workplace.

Dr. William Allan Kritsonis

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Sexual Harassment Employee On Employee

by Will1945 on Oct 18, 2009

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