Sexual harassment
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  • There is a lot of confusion when things cross the line from flirting/joking to harassment.
  • There is a lot of confusion when things cross the line from flirting/joking to harassment.
  • All forms of sexual harassment in the employment, education or training environment are declared unlawful.
  • An example would be if a manager suggests that an employee goes out with him on a date or asks for a neck or back rub every so often in exchange for retaining her post or be promoted.In this type of sexual harassment, it is not important if the victim gave in or agrees to the offer. It is enough that the harasser floats or makes the offer and the victim is not barred from filing a claim if he or she later on changes his or her mind.
  • An example would be if a manager suggests that an employee goes out with him on a date or asks for a neck or back rub every so often in exchange for retaining her post or be promoted.In this type of sexual harassment, it is not important if the victim gave in or agrees to the offer. It is enough that the harasser floats or makes the offer and the victim is not barred from filing a claim if he or she later on changes his or her mind.
  • Example of a verbal harassing conduct is when one makes a sexual comment about a person's clothing, anatomy or looks. In cases of non-verbal sexually harassing conduct an example would be leering, staring or glaring at someone. Visual sexually harassing conduct on the other hand could be displaying sexually suggestive calendars, photographs, posters or cartoons in the workplace. Physically harassing conduct is when someone gives a massage around the neck or shoulders and the victim did not ask for it and regards it as offensive.In this type of sexual harassment, even the employer is liable if he has knowledge or should have knowledge of the sexual harassment perpetrated on one of the employees and the employer either does nothing about it or even faulted the victim for the happening of the sexually harassing conduct.In both cases, it would be to the best interest of the victim to secure the services of a lawyer immediately to protect the victim's legal rights.
  • There is a lot of confusion when things cross the line from flirting/joking to harassment.
  • There is a lot of confusion when things cross the line from flirting/joking to harassment.
  • Case Scenario 1 - "all in fun" doesn't make it okay. This IS Sexual Harassment and the type is: "2. Hostile Work Environment: When a co-worker or supervisor, engaging in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive." Why? Because Alexander rendered the workplace atmosphere intimidating, hostile, or offensive for Lila.
  • Case Scenario 2 - This one is tricky, but it is also Sexual Harassment and the type is: "2. Hostile Work Environment: When a co-worker or supervisor, engaging in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive." Why? Because Suzanna and Haik's public displays of affection for one another in the workplace rendered the workplace atmosphere intimidating, hostile, or offensive for possibly every other worker in the office.
  • Case Scenario 3 - This too is Sexual Harassment but the type is: "1. Quid Pro Quo: a person in authority, usually a supervisor, demands sexual favors of a subordinate as a condition of getting or keeping a job benefit." Why? Because having sex with her boss became a condition of her employment and was fired when she refused. This is CLEARLY illegal.
  • Of you are uncomfortable confronting the person directly, do it in writing.This will help you if you ever need to remember particular details. Getting your feelings on paper also might make you feel better…… your records might later help prove the harassment.
  • 2. Don’t tell yourself (or believe if anyone else tells you) its your fault…..

Sexual harassment Sexual harassment Presentation Transcript

  • Good Morning!!!
  • Seminar on Sexual Harassment PINSP JENNIFER FAJARDO PERTEZ August 10, 2011
  • Objectives • to increase knowledge about sexual harassment in work, education, or training environment in order to stop its occurrence. • to define sexual harassment and promote the understanding of what is/what is not sexual harassment. • to promote dialogue about sexual harassment
  • Objectives • to provide guidelines for addressing sexual harassment. • to provide support for victims of sexual harassment. • to explain legal and other consequences of sexual harassment. • to understand your role and responsibility in ensuring a work, education, or training environment free of sexual harassment.
  • Why should you be concerned about Sexual harassment? • Sexual Harassment behaviour is contrary to the norms and values of the society. • Sexual harassment in work, education, or training environment violates civil rights law. • Being able to identify what constitute sexual harassment conduct and knowing how to respond to it.
  • What is Sexual Harassment? According to US EEOC • Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. •Sexual harassment happens when submission to, or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work (academic) environment.
  • Sexual Harassment can occur in a variety of circumstances, including but not limited to the following: • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex; • The harasser can be the victim’s supervisor, a lecturer, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee;
  • Sexual Harassment can occur in a variety of circumstances, including but not limited to the following: • the victim does not have to be the person harassed but could be anyone affected by the offensive conduct; • Unlawful sexual harassment may occur without economic injury to or discharge of the victim; • The harasser’s conduct must be unwelcome.
  • Some Relationships in which Sexual Harassment could occur:
  • Some Relationships in which Sexual Harassment could occur: BOSS YOU STRANGERS CO-WORKERS
  • RA 7877 – Anti-Sexual Harassment Act of 1995 • An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment and For Other Purposes. • SECTION 2 - Declaration of Policy- The State shall value: • the dignity of every individual, • enhance the development of its human resources, • guarantee full respect for human rights, • uphold the dignity of: 1. workers; 2. employees; 3. applicants for employment; 4. students,;or 5. those undergoing: training, instruction or education.
  • SEXUAL HARASSMENT (RA 7877) Section 3 - is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having authority, influence or moral ascendancy over another - in a work, or education/training environment, - demands, request or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for the submission is accepted by the object of the said Act.
  • In work-related or employment environment: 1.The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges, or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee.
  • In work-related or employment environment: 2. The acts would impair the employees rights or privileges under existing labor laws; or 3. The acts would result in an intimidating, hostile, or offensive environment for the employee
  • In education/training environment: a) Against one who is under the care, custody or supervision of the offender; b) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; c) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance r other benefits, privileges, or considerations; or d) When the sexual advance result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
  • Types of Sexual Harassment • QUID PRO QOU SEXUAL HARASSMENT Quid pro quo sexual harassment occurs when an employee is offered to be retained in his/her job or be promoted in exchange for sexual favors. The person who commits quid pro quo sexual harassment is a person with power to influence the victim's employment or educational situation like a supervisor, manager or a teacher.
  • Types of Sexual Harassment • HOSTILE WORK ENVIRONMENT Hostile work environment sexual harassment, on the other hand, occurs when a co-worker, manager or supervisor in the work place makes unwelcome sexual advances which interferes with work performance or creates an intimidating, hostile or offensive work and/or learning environment.
  • Kurdi files sexual harassment raps vs Geisler
  • How common is Sexual Harassment? • Sexual harassment is common in the workplace and in academic/training institutions, it is not limited to any particular profession, age, race, or gender; • While the most common case of reported sexual harassment involves “males harassing females”, it could be known that there are “females harassing males”, and either male or female harassing members of their own gender.
  • Range of Behaviour on SH SEVERE SEXUAL ASSUALT COERCION BULLYING ANNOYING MILD Could be done by anyone! Verbal or written Physical Non-verbal Visual Even YOU!!!
  • Unacceptable Behaviours that Signal SH: • Physical contact that includes touching, pinching, patting, kissing, rubbing up against, fondling, groping, grabbing or assault. • Interfering with or blocking movement; • Verbal sexual advances or propositions; • Suggestive or obscene letters, notes, invitations, or emails received at work or at home; • repeated face-to-face, telephone or email invitations after having refused.
  • Unacceptable Behaviours that Signal SH: • Verbal abuse of a sexual nature, including a graphic comments about and individual’s body, sexually degrading words to describe an individual; • Unwanted sexual advances or attention; • Obscene or suggestive sounds and/or gift; •Frequent discussion of sexual acts; • Leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters; • Making or using derogatory comments, epithets, slurs, and joke.
  • Is it really Sexual harassment? • If you are not sure about being harassed, just ask yourself this question: – “Does it feel good or bad?” • Flirting feels good for both parties, whereas harassment feels bad for the harassed, making him/her uncomfortable.
  • Has any of these ever happened to you? • I’ve been the target of sexual comments, jokes, teasing, gestures, or looks; • I have had my clothing pulled in a sexual way; • I have had sexual rumors about me; • I have had my way blocked in a sexual way; • I have been touched, grabbed, or pinched in a sexual way;
  • Has any of these ever happened to you? • I have been shown or given sexual pictures photographs, illustrations, messages, or notes; • I have been physically intimidated by others and felt unsafe in school; • I have been penalized, threatened, or further harassed as a result of complaining about, or reporting sexual harassment.
  • If you answered YES to one or more of the questions, chances are that you have been sexually harassed.
  • What is the duty of the employer or head of office in a work or education/training environment?  prevent or deter the commission of acts of sexual harassment and  provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Note: - Administrative sanctions shall not be bar prosecution in the proper courts for unlawful acts of sexual harassment.
  • References for filing Administrative Case a. Republic Act No. 7877; b.Memo Circular No. 2006-019 Revised Implementing Rules and Regulations of CSC Resolution No. 01-0940; c.CSC Resolution No. 01-0940 dated May 21, 2001 that promulgates the Rules and Regulations defining administrative offense of sexual harassment and prescribing the standard procedure for the administrative investigation, prosecution and resolution of sexual harassment cases in public sector; and d. PNP Memorandum Circular No. 2010-001 Revised Implementing Rules and Regulations of CSC Resolution No. 01-0940 Re-Administrative Disciplinary Rules on Sexual Harassment Cases
  • What if the employer of head of office did not undertake any action despite his/her knowledge of SH? • The employer of head of office, educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken.
  • Can an offended party seek redress by taking independent action? • an offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.
  • Penalties – RA 7877 • SECTION 7  imprisonment of not less than 1 month nor more than 6 months, or  a fine of not less than ten thousand pesos (P10,000.00) nor more than twenty thousand pesos (P20,000.00), or both such fine and imprisonment at the discretion of the court.  Prescriptive period for actions arising from this Act- three (3) years.
  • Sexual Harassment Scenarios
  • Case Scenario 1… Alexander frequently tells offcolor jokes during team meetings. Lilia is very offended. She doesn't think Alexander's jokes are so funny. Alexander's behavior is not sexual harassment because his jokes are all in fun, and he does not intend to sexually harass anyone.
  • Case Scenario 1 – • "all in fun" doesn't make it okay. • This is Sexual Harassment and the type is: "Hostile Work Environment: When a co-worker or supervisor, engaging in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive.“ • Why? Because Alexander rendered the workplace atmosphere intimidating, hostile, or offensive for Lila.
  • Case Scenario 2… Suzanna and Haik enjoy a great working relationship and just recently have started dating. They can't seem to get enough of each other. They take breaks and lunch together and are often seen flirting at the copy machine. They are clearly infatuated with each other. Romance has no place at work. This couple's behavior is clearly sexual harassment.
  • Case Scenario 2 – • it is also Sexual Harassment and the type is: “Hostile Work Environment: When a coworker or supervisor, engaging in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive.“ • Why? Because Suzanna and Haik's public displays of affection for one another in the workplace rendered the workplace atmosphere intimidating, hostile, or offensive for possibly every other worker in the office.
  • Case Scenario 3… Anton is a Vice President of Marketing at EZ Interactive Company and he has hired Rosa, just out of graduate school, as his assistant. Sometime after Rosa started working at the company, Anton tells her that the only way she can keep her job at EZ Interactive is by having sex with him. Rosa refuses and is fired a few months later for poor job performance. Rosa is the target of sexual harassment.
  • Case Scenario 3 – • This too is Sexual Harassment but the type is: “Quid Pro Quo: a person in authority, usually a supervisor, demands sexual favors of a subordinate as a condition of getting or keeping a job benefit." • Why? Because having sex with her boss became a condition of her employment and was fired when she refused. This is CLEARLY illegal.
  • TRUE or FALSE of Sexual Harassment
  • TRUE or FALSE of Sexual Harassment • Quid pro quo is a form of sexual harassment that includes offensive verbal, visual and/or physical contact that creates a hostile work environment. • TRUE or FALSE?
  • FALSE • Requesting or demanding sexual favor in exchange for promotion/ grade benefits, or threatening reprisals if the favors are not given is an illegal type of sexual harassment known as QUID PRO QUO Harassment.
  • TRUE or FALSE of Sexual Harassment • The best way to stop sexual harassment is to ignore it and it will go away. • TRUE or FALSE?
  • FALSE • Sexual harassment includes staring or leering that makes another person feel uncomfortable and intimidated, and if it is ignored, it will not go away.
  • TRUE or FALSE of Sexual Harassment • Sexual harassment is realy just a form of teasing and it is not against the law • TRUE or FALSE?
  • FALSE • Sexual harassment can be very hurtful and have long-lasting effects on people. It is also against the law.
  • TRUE or FALSE of Sexual Harassment • People who sexually harass others are usually motivated by attractions and desire. • TRUE or FALSE?
  • FALSE • Sexual harassment is about power, not sex. A harasser’s action are often meant to humiliate or intimidate the victim.
  • TRUE or FALSE of Sexual Harassment • If a girl wears revealing clothing she cannot then complain about being sexually harassed. • TRUE or FALSE?
  • FALSE • The responsibility to avoid sexual harassment is on the person doing the harassing. You cannot use the way a person dresses as an excuse for harassing them.
  • What would you do?
  • Strategies on how to prevent Sexual Harassment • If someone harasses you, tell him/her to stop. Say you do not like what she/he is doing to you. • Keep a journal of your experiences of SH. If the person harassing you send you notes or e-mail, keep them.
  • Strategies on how to prevent Sexual Harassment • Interrupt any harassment you observe. Don’t be a bystander! • Remind yourself that SH is wrong, is illegal, and should stop! Remember, it is not your fault. Don’t ignore what is happening to you, and hoping it will stop on its own.
  • How can you help in preventing Sexual Harassment? • Share the information you gained from this workshop to others; • Be supportive of people you know who are facing this problem. Encourage them to resist and take action;
  • How can you help in preventing Sexual Harassment? • If you observe SH, be courageous enough to offer to be a witness. Put yourself in the victim’s place and remember that you would need encouragement and support if this ever happened to you; • Talk with you colleagues about things like appropriate dress, joking around with sex, personal relationship with co-workers or boss and other things that people may try to use against you if ever you are a victim of SH ;
  • Thank You and Good Morning!!!