Harassment Sexual and Other Harassment Employee Training 2008
Know the definition of sexual harassment
Know about other forms of harassment
Be familiar with examples of prohibited behaviors
Be familiar with ATS’s harassment policies
Know what to do if you or someone else is being harrassed.
What is harassment?
Behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack.
Behavior that can cause the recipient to be embarrassed, uncomfortable, and cause distress.
Any behavior that is unwelcome, unwanted, or unsolicited where the recipient regards it as offensive or undesirable. (When a person communicates that the behavior is unwelcome, it becomes illegal. Even if the conduct is not stated but implied, as long as it is unwelcome it is unlawful.)
What is sexual harassment?
Unwelcome sexual advances, requests for sexual favors and other verbal behavior or physical conduct of sexual nature when:
Submission to such conduct is made an implicit condition of an individual’s employment.
Submission to or rejection of such conduct affects employment opportunities.
Such conduct interferes with an employee’s work or creates an intimidating, hostile or offensive work environment.
Types of Sexual Harassment
Quid Pro Quo
“ This for that.”
When employment decisions or expectations are based on an employee’s willingness to grant or deny sexual favors.
Where verbal or non-verbal behavior in the workplace focuses on the sexuality of another person or occurs because of a person’s gender or other protected characteristic.
Where verbal or non-verbal behavior in the workplace is unwanted or unwelcome.
Where verbal or non-verbal behavior is severe or pervasive enough to affect the person’s work environment .
Examples of Quid Pro Quo (Prohibited Behaviors)
Supervisor demands sexual favors in exchange for a promotion or a rise
Supervisor disciplines or discharges an employee who ends a romantic relationship
Supervisor changes job performance expectations after subordinate refuses repeated requests for a date
Example of behaviors that create a hostile environment:
Off-color jokes or teasing
Comments about body parts or sex life
Suggestive or demeaning pictures, posters, calendars or cartoons
Leering, staring or gesturing
Touching – brushes, pats, hugs, pinches
Other Types of Sexual Harassment
Sexual Orientation Harassment
Third-Party Sexual Harassment
Union or Non-Union membership
Who is liable?
*In Quid pro quo situations:
*Harasser is always liable
*Employer is always liable
*In Hostile environment situations:
*Harasser is always liable
*Employer is liable unless the employer proves they exercised reasonable care to prevent and remedy the harassing conduct and the complainant failed to take advantage of preventive and corrective measures
To provide a workplace that is free of discrimination and harassment of any type.
To have a policy in place to ensure all employees behave in a way that supports a harassment-free workplace
Key Elements of ATS’s Anti-Harassment policy:
Statement prohibiting harassment
ATS is committed to maintaining a work environment free of unlawful discrimination and harassment, and therefore, has zero tolerance for workplace sexual harassment.
Definition of harassment and examples of prohibited behaviors
Sexual harassment consist of any unwelcome conduct, whether verbal, visual or physical, that is based upon a person’s gender. Such conduct is unlawful and prohibited whenever it affects tangible job benefits, unreasonably interferes with an individual’s work performance or creates an intimidating hostile, or offensive working environment.
Explanation of compliant procedures and designation of persons to whom complaints should be made
If you believe you have sexually harassed, you should verbally report the incident to your immediate supervisor. If the harassment involves your supervisor, you need to report the incident directly to the next level of leadership or the owner.
What do you do if….?
You are harassed or you are aware of harassing conduct…
* Report it to your supervisor
*Report it to your co-worker
*Report it to Owner
… Uninhibited reporting….
Points to Remember
Sexual harassment + quid Pro Quo and Hostile Environment
Workplace harassment on the basis of any the following is unlawful, race, color, religion, national origin, sex, age (40 and over), disability
Sexual orientation is a protected class in the following Iowa Municipalities: Ames, Des Moines, Iowa City, Cedar Rapids, Davenport, and Cerro Gordo County
Think long and hard before having a romantic relationship with a co-worker or supervisor. Ask yourself what would happen if one of you decides to call it off.
Report harassment by co-workers, supervisors, customers, or other non-employees (third party harassment.) uninhibited reporting.
Do not retaliate against someone who makes a claim of sexual harassment or who participates in an investigation.
Harassment of any kind undermines the employment relationship.
You have the right to work in an environment free from unsolicited and unwelcome sexual overtures, intimidation, hostility, or other offences which might interfere with you work performance.
ATS has zero tolerance for harassment of any sort- verbal, physical, visual.
If you have questions or need guidance, contact:
Javona Woolery “Jo” Owner
Is this sexual harassment? Yes or No
*A supervisor tells an employee in his department that she can have a raise or promotion if she sleeps with him.
*A male employee is offended by a co-worker’s pictures of half-naked men in her cubicle.
*An employee’s work hours or job duties are altered after she refuses the supervisor’s sexual advances.
Pop Quiz… page 2
Which of these folks could commit “hostile environment” harassment?
*Both supervisors and/or co-workers
*None of the above
Does sexual harassment have to involve
Po Quiz…page 3
An employee weighs 350 pounds. It is legal to harass him/her because of his/her weight?
Legal or illegal?
Employee verbally abuse a Middle Eastern co-worker because he wears a turban.
A vegetarian verbally abuses a co-worker who eats a hamburger at his desk every day.
A supervisor constantly pressures an employee to go to lunch with him.