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  • 1. Module XLIV - Investigating Sexual Harassment Incidents
  • 2. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited News: Women in Casual Jobs More Prone to Sexual Harassment Source: http://sify.com/
  • 3. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited News: College Worker Alleges Sexual Harassment Source: http://www.signonsandiego.com/ 3 at Southwestern named in lawsuit
  • 4. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Employee Wins Sex Harassment Case against Former Boss Jessie, a 21 year old from Adelaide claimed that Wayne Jeffrey Jaye, managing director of Studio Silva Photography had sexually harassed her. Mr. Jaye used to make unwanted advances that Jessie had refused to respond. So he sacked her from the job. The court found Jaye guilty and he was ordered to pay a total of $22,000 in compensation.
  • 5. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Case Study: Can an Employer be Held Liable for a Single Harassment Incident?
  • 6. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Module Objective • Sexual harassment • Types of Sexual Harassment • Consequences of Sexual Harassment • Responsibilities of Supervisors • Responsibilities of Employees • Complaint Procedures • Investigation Process • Sexual Harassment Policy • Preventive Steps • Laws on Sexual Harassment This module will familiarize you with:
  • 7. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Module Flow Sexual Harassment Responsibilities for Supervisors Consequences of Sexual Harassment Sexual Harassment Policy Investigation Process Complaint ProceduresResponsibilities for Employees Types of Sexual Harassment Laws on Sexual HarassmentPreventive Steps
  • 8. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment A form of gender discrimination that involves unwelcoming sexual advances, favors, and other verbal or physical conduct of a sexual nature • Submission or rejection is made a term or condition of a person’s job, pay, and career • Submission or rejection is used as a basis for career or employment decisions Sexual harassment can occur in a variety of circumstances when:
  • 9. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment (cont’d) • It is unsolicited • It is power motivated • It is illegal • It is an offensive conduct Sexual Harassment:
  • 10. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Types of Sexual Harassment • Tolerating harassment for the benefit of job • It is “some thing you do for me and something I will do for you” policy (mostly black mailing) • Job benefit can be promotion or job security Quid Pro Quo Harassment • Environment that is abusive and leads to harassment • It can be verbal or physical Hostile Work Environment Harassment General classification of sexual harassment:
  • 11. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Types of Sexual Harassment (cont’d) • Profanity, off-colored jokes • Sexual comments and threats • Whistling and passing lewd gestures • Spreading rumors of sexual acts or involvement Verbal • Stroking, grabbing, patting, hugging, pinching, and provocatively posing • Cornering or blocking passageway Physical • Cab facility • It is provided for employee’s benefit but is taken as an advantage for harassment • Harassment by superiors in public places According to research, some harassment occurs off-premise:
  • 12. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Consequences of Sexual Harassment It distracts individuals from their work It creates hostile work environment and increases absenteeism for avoiding harassment It increases friction among staff and hence affects their efficiency It affects the individual’s morale It may lead to a loss of career, reference, or recommendations Employees feel degraded because of constant inquiries and gossips at the work-place It leads to job dissatisfaction It affects the trust towards the organization
  • 13. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Statistics Sexual Harassment cases filed with The U.S. Equal Employment Opportunity Commission Source: http://www.eeoc.gov/
  • 14. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Do’s and Don'ts if You Are Being Sexually Harassed Do not make excuses for the perpetrator Do not pretend as if nothing has happened Make clear that you have the right to be free from sexual harassment Do not get manipulated with the harasser’s tactics Avoid being silent against the harasser (as it protects him/her)
  • 15. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking Stalking is a repeated and unwelcomed activity such as gazing, following, or harassing a person It is also referred as Criminal Harassment which is any form of harassment that causes the person being harassed to have a reasonable fear for his or her safety Unlike single act, it is a series of act that harasses the victim A stalker can be a former intimate, family member, workplace contact, friend, stranger, or any other acquaintance
  • 16. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking (cont’d) • Person (stalker) who is the former partner or friend to the victim Rejected stalker • Person who wants to take revenge on the victim for any reasons Resentful stalker • Predator who wants to physically or sexually attack the victim Predatory stalker Types of stalkers:
  • 17. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking (cont’d) • Person who looks out for opportunities to establish an intimate and loving relationship with the victim Intimacy seeker • Suitor who desires to have a physical or intimate relation with the victim Incompetent suitor • Stalker who believes that the victim is in love with him/her though he/she had not made any statement Erotomaniac and morbidly infatuated • Stalker who extends stalking through the electronic media Cyber stalker
  • 18. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking Behaviors Unwelcomed phone calls Sending messages such as text messages, email, or personal letters Threatening victim in order to gain attention Using electronic medium to harass the victim (usually referred as cyber stalking) Sending romantic or porn related gifts to the victim Multiple perpetrators’ involvement (gang stalking) Forcing the victim via threatening Insulting the victim
  • 19. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking Effects Increased absenteeism Declined performance Feels humiliated as he/she becomes the topic of discussion among peers Loss of job, references, or career Forced to relocate Loss of trust of coworkers Loss of supporting network Loss of confidence, motivation, and trust in people Depression, panic, headaches, sleeplessness, and anger
  • 20. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Stalking Effects (cont’d) • 93% of the stalking victims have negative impact on their personal relationships • 71% of victims have conflicts with their current partners • 63% of victims reported that they have conflicts with friends due to stalkers • 38% of the stalking victims say that their work or school performance is declining According to Stalking Help, a stalking victims' resource organization is based at the University of Texas:
  • 21. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Guidelines for Stalking Victims Use private post office box to keep residential address confidential Obtain unpublished phone numbers Use caller-ID Remove the phone number from directories that are published by phone companies Never use residential address for subscribing to magazine Avoid providing your full name Protect your social security number Keep a log of every stalking incident Change the email address if it is used for stalking Instead of fearing, threaten the stalker Report to the police
  • 22. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Responsibilities of Supervisors • Set a code of conduct and ensure that all employees follow it • Know how to recognize the potential or actual misconduct, and how to handle these problems in an effective manner • Create and maintain a safe and secure environment at the workplace • Address and document the employee’s problems as soon as possible Supervisors must:
  • 23. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Responsibilities of Supervisors (cont’d) Report conduct and responsibility violations, through appropriate internal supervisory channels Encourage upward communication Prevent the workplace from offensive conduct and retaliation Treat complaints seriously Punish the offender for the harassment Prevent further harassment Conduct periodic training for all employees, with active involvement of the complaints’ committee
  • 24. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Responsibilities of Employees Consider sexual harassment as a serious offence Stick to work environment policies Develop complaint procedures Report acts of harassment to a supervisor Refrain from participation or encouragement of actions that could be perceived as harassment Condemn the behavior
  • 25. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Complaint Procedures Victim prepares a complaint Victim files the complaint Victim transmits the complaint to the supervisor Supervisor reviews the complaint Supervisor informally resolves the complaint
  • 26. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Investigation Process
  • 27. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Investigation Process The investigator must be impartial, with an open mind until the end Interview all witnesses and obtain such evidence that is relevant to the complaint Review the investigation findings with the complainant and the alleged offender to receive any further information The nature of the complaint is explained to the investigator, so that one has the opportunity to understand the major elements of the complaint The investigator is given a reasonable chance to respond to the evidence of the complainant and to bring his/her own evidence Find out what outcome the complainant would like to see
  • 28. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Investigation Process (cont’d) If the investigator is in doubt about whether or how to continue, they will seek appropriate counsel When the investigation is complete, the investigator should report the findings to the decision makers
  • 29. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Investigations • Involve more than one investigator, if possible • Maintain confidentiality of the case • Conduct interviews in a private room Preliminary considerations: • Review the relevant personnel files and company’s policies • Interview the victim • Take complaint seriously • Explain the investigation process to the victim and assure him complete confidentiality • Find out what happened and the effect of the harassment on the victim • Find out names of the witnesses • Ask the victim what he/she wants • Assess his/her credibility • Take a statement, if warranted • Type the notes of the interview Gathering the facts:
  • 30. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Investigations (cont’d) • Explain the purpose of the interview • Identify the victim and the specific basis of the sexual harassment complaint • Ask him/her to respond to the charges Interview the perpetrator • Try to elicit identity of the victim and the perpetrator from the witness instead of introducing the victim and perpetrator to the witness at the beginning of the interview • Find out what he/she knows • Distinguish between first and secondhand knowledge • Assess the credibility of the witness • Take a statement, if warranted Interview corroboration witnesses
  • 31. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Investigations (cont’d) • Evaluate the facts from a reasonable perspective • Distinguish between "unwelcome" and "voluntary" sexual conduct • Draft a thorough and even-handed report • Submit the report to the decision-making official • Follow up with the victim and the perpetrator after the decision has been made Evaluating the facts and making the decision
  • 32. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Policy • The complainant may attempt to resolve the matter directly with the alleged offender and report back to the complaint- receiving official • The complaint-receiving official may notify the alleged offender of the complaint, paying appropriate attention to the need of maintaining confidentiality • The complainant may also contact the affirmative action officer directly Informal procedures
  • 33. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sexual Harassment Policy (cont’d) • The complainant has the right to file a formal written complaint with the affirmative action officer • Upon receiving a formal complaint, the affirmative action officer shall inform the alleged offender of the allegation and identity of the complainant Formal procedures
  • 34. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Preventive Steps Discuss preventive actions against sexual harassment at workers’ meetings and employer-employee meetings Make the female employees aware of their rights by displaying guidelines prominently An employer must support persons affected by sexual harassment from outsiders Send a top-down message to employees and union members that sexual harassment should not be tolerated Create a strong written policy prohibiting illegal discrimination against any employee that specifically addresses sexual harassment • Describes steps to be taken if harassment occurs Conduct a survey among employees and union members about sexual harassment
  • 35. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Preventive Steps (cont’d) Implement formal and informal problem solving mechanisms, grievance procedures, investigative measures, and disciplinary procedures to resolve the sexual harassment complaints Conduct awareness trainings regularly for supervisors to review the organizational policy, build problem-solving skills, review relevant law, and discuss their responsibility to create a harassment-free workplace Provide ongoing sexual harassment awareness training for every level of employee or union member Assess the work environment for awareness about sexual harassment by surveying employees and union members
  • 36. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Laws on Sexual Harassment
  • 37. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited U.S Laws on Sexual Harassment Title VII of the 1964 Civil Rights Act The Civil Rights Act of 1991 Title IX of the Education Amendments of 1972 Equal Protection Clause of the 14th Amendment Common Law Torts State and Municipal laws
  • 38. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Title VII of the 1964 Civil Rights Act • Harassing a person because of their friends', relatives', or associates' race, skin, color, religion, gender, national origin, age, or disability • Treating people in similar jobs differently • Making assumptions about the abilities of persons based on stereotypes, physical characteristics, or age • Retaliating against a person because a complaint was filed Examples: It prohibits employment discrimination on the basis of race, color, religion, sex or national origin in hiring, employment (all terms, conditions and benefits), and termination It applies to businesses with 15 or more employees
  • 39. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: The Civil Rights Act of 1991 It establishes private and public liability for the acts of supervisors and employees that constitute of sexual harassment of employees It provides appropriate remedies for intentional discrimination and unlawful sexual harassment in the workplace Legislation is necessary to provide additional protections against unlawful discrimination in employment It responds to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of the discrimination
  • 40. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Equal Protection Clause of the 14th Amendment It creates public institutional liability for institutional sexual harassment of employees including compensatory and punitive damages It attempts to secure the promise of the United States' professed commitment to the proposition that "all men are created equal"
  • 41. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Common Law Torts • Identify the tort actions most commonly connected with sexual harassment cases • Explain, in general, the circumstances under which each tort action may be filed • Identify the reasons that harassed workers may choose to file, or to avoid filing and tort actions • Explain the relationship between sexual harassment law and workers' Compensation Objectives: It helps to identify the common-law actions that may be filed by the harassed workers
  • 42. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: State and Municipal Laws It includes rape, sexual abuse, sexual assault, and child molestation It imparts employees of the name, address, and telephone number of each state and federal agencies to which inquiries and complaints concerning sexual harassment may be made Sets out the deadlines for filing a complaint of sexual harassment with the state and federal agencies
  • 43. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Australian Laws on Sexual Harassment Sex Discrimination Act 1984 Equal Opportunity for Women in the Workplace Act 1999 Anti-Discrimination Act 1991 Workplace Relations Act 1996
  • 44. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Sex Discrimination Act 1984 • To give effect to certain provisions of the convention on the elimination of all forms of discrimination against women • To eliminate discrimination involving sexual harassment in offices, in educational institutions, and in other areas of public activity Objectives: An act relating to discrimination on the ground of sex, marital status, or sexual harassment
  • 45. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Equal Opportunity for Women in the Workplace Act 1999 • To promote the principle that employment for women should be dealt with on the basis of merit • To promote the elimination of discrimination against and the provision of equal opportunity for women in relation to employment matters amongst employers Objectives:
  • 46. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Anti-Discrimination Act 1991 • Prohibiting sexual harassment • Allowing a complaint against a person who has been sexually harassed • Using the agencies and procedures established to deal with the complaint Purpose is achieved by: Act promotes equality of opportunity for everyone by protecting them from sexual harassment
  • 47. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited The Laws on Sexual Harassment: Workplace Relations Act 1996 • Provisions in awards and agreements are not to be discriminatory – on the grounds of sexual preference • Orders equal remuneration for men and women workers for work of equal value without sex-based discrimination Objective regarding sexual harassment: This act describes the workplace relations
  • 48. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Indian Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2006 • Duty of the workplace to constitute internal complaints committees • Constitution of internal and local complaints committee Authorities under this act: • Ensure a safe environment, free from sexual harassment including prevention and deterrence of sexual harassment • Lay down clear policy on dealing with cases of sexual harassment and constitute an internal complaints committee • Prepare and prominently display a policy for the prevention and prohibition of sexual harassment Duties of authorities under the act:
  • 49. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited German Law: Protection of Employees Act • Section 1: This Act is to maintain the dignity of men and women through protection against sexual harassment at the workplace • Section 2: Protection against sexual harassment • Section 3: Employees' right of complaint • Section 4: Measures by the employer or manager; right to refuse performance • Section 5: Further training for persons employed in the public service regarding harassment Article 10. Act protects employees against sexual harassment at the workplace (Protection of Employees Act)
  • 50. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited UK Law: The Employment Equality (Sex Discrimination) Regulations 2005 • On the ground of her sex, he engages in unwanted conduct that has the purpose or effect • He engages in any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that has the purpose or effect • On the ground of her rejection of or submission to unwanted conduct If a person subjects a woman to harassment • A, on the ground that B intends to undergo, is undergoing, or has undergone gender reassignment, engages in unwanted conduct • A, on the ground of B's rejection of or submission to unwanted conduct If a person ("A") subjects another person ("B") to harassment Purpose related to harassment and sexual harassment:
  • 51. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Law of the People's Republic of China on the Protection of Rights and Interests of Women • No unit while employing staff, should refuse to employ women by reason of sex or raise the employment standards for women Article 23 • Sexual harassment against women is prohibited • The female victims shall have the right to file complaints against the units where they work Article 40 • If a person commits sexual harassment or domestic violence against a woman, victim may apply to a public security organization for an administrative sanction against the violator Article 58 Articles related to sexual harassment
  • 52. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Penal Code, Section 509. in Malaysia Statement: "Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both“ • It deals more with physical aspects • Industrial Relations Act 1967, may be amended to provide for action against sexual harassment perpetrators
  • 53. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sample Complaint Form
  • 54. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sample Complaint Form (cont’d)
  • 55. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sample Complaint Form (cont’d)
  • 56. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sample Complaint Form (cont’d)
  • 57. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Laws Against Stalking • Interstate Travel to Commit Domestic Violence - requires that: • The victim must be a spouse or intimate partner of the defendant • The defendant must have crossed a State line (or entered or left Indian country) with the intent to injure, harass, or intimidate one's spouse or intimate partner • As a result of such travel, the defendant intentionally commits a crime of violence • The defendant causes bodily injury to the spouse or intimate partner 18 USC § 2261A • Two laws authorize grants for law enforcement agencies to develop programs addressing stalking and for states to improve the process for entering stalking-related data into local, state and national crime information databases such as the National Crime Information Center 42 USC §§ 3796gg, 14031 Federal Laws
  • 58. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Laws Against Stalking (cont’d) • Penal code 646.9 • A stalker is someone who willfully, maliciously ,and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety. The victim does not have to prove that the stalker had the intent to carry out the threat California laws
  • 59. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Summary Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, favors, and other verbal or physical conduct of sexual nature Sexual Harassment is of two types: verbal and physical The investigator must be impartial while investigating the case When the investigation is complete, the investigator should report the findings to decision makers
  • 60. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited
  • 61. EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited

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