Avoiding Sexual Harassment Nick Krym, DIY SH Training 3-15-06

Learning Objectives Identify liability and legal foundations for harassment prevention Recognize terms and concepts Recognize types of harassment & discrimination Understand your rights and responsibilities Understand the complaint procedure Understand the investigative process

Identify liability and legal foundations for harassment prevention

Recognize terms and concepts

Recognize types of harassment & discrimination

Understand your rights and responsibilities

Understand the complaint procedure

Understand the investigative process

Legal Foundations Title VII, 1964 Civil Rights Act: This law prohibits employment discrimination based on: Race Color Religion Sex National Origin Civil Rights Act of 1991: Granted litigants broader remedies and privileges through litigation: Right to jury trial Punitive & compensatory damages Age Discrimination In Employment Act of 1967 (ADEA): Protects employees or applicants 40 years of age or older: Cannot discriminate based on age with respect to any term, condition or privilege of employment Punitive & compensatory damages Americans with Disabilities Act Prohibits discrimination on the basis of disability in all employment practices Employer must make accommodation to known disability of qualified applicant or employee unless it imposes undue hardship

Title VII, 1964 Civil Rights Act: This law prohibits employment discrimination based on:

Race

Color

Religion

Sex

National Origin

Civil Rights Act of 1991: Granted litigants broader remedies and privileges through litigation:

Right to jury trial

Punitive & compensatory damages

Age Discrimination In Employment Act of 1967 (ADEA): Protects employees or applicants 40 years of age or older:

Cannot discriminate based on age with respect to any term, condition or privilege of employment

Punitive & compensatory damages

Americans with Disabilities Act

Prohibits discrimination on the basis of disability in all employment practices

Employer must make accommodation to known disability of qualified applicant or employee unless it imposes undue hardship

Legal Foundations, cont. Civil Rights Act – 1972 Amendment: Sexual harassment is a: Form of sex discrimination Violation of federal law Pregnancy Discrimination Act of 1978 Amendment to Civil Rights Act Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions June 1999 New EEOC Guidance: Employer liable for harassment by supervisors based on: Sex Race Color Religion National Origin Age Disability Protected Activity

Civil Rights Act – 1972 Amendment: Sexual harassment is a:

Form of sex discrimination

Violation of federal law

Pregnancy Discrimination Act of 1978

Amendment to Civil Rights Act

Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions

June 1999 New EEOC Guidance: Employer liable for harassment by supervisors based on:

Sex

Race

Color

Religion

National Origin

Age

Disability

Protected Activity

Terms and Concepts Protected Classes Illegal Discrimination Retaliation Unlawful Harassment Tangible Employment Action Hostile Work Environment Gender Bias Sexual Harassment

Protected Classes

Illegal Discrimination

Retaliation

Unlawful Harassment

Tangible Employment Action

Hostile Work Environment

Gender Bias

Sexual Harassment

Types of Harassment / Discrimination Age Racial Religious National Origin, Citizenship Disability Pregnancy Sexual

Age

Racial

Religious

National Origin, Citizenship

Disability

Pregnancy

Sexual

EEOC Guidelines Sexual Harassment is defined as a form of sexual discrimination that involves unwelcome Sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, When: Submission to such conduct is made either Explicitly or Implicitly a term or condition of a person’s job, pay or career, or: Submission to or rejection of such conduct is used as a basis for career or employment decisions affecting that person or: Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an Intimidating, Hostile or Offensive working environment The definition of Sexual Harassment emphasizes that Workplace conduct, to be actionable as “Abusive Work Environment” the harassment need not result in concrete psychological harm to the victim, but rather be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, that the work environment as hostile or offensive. Any person in a Supervisory or Command position who uses or condones any form of sexual behavior to control , influence, or affect the career, pay, or job of a military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical conduct of a sexual nature in the workplace is also engaging in Sexual Harassment.

Sexual Harassment is defined as a form of sexual discrimination that involves unwelcome Sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, When:

Submission to such conduct is made either Explicitly or Implicitly a term or condition of a person’s job, pay or career, or:

Submission to or rejection of such conduct is used as a basis for career or employment decisions affecting that person or:

Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an Intimidating, Hostile or Offensive working environment

The definition of Sexual Harassment emphasizes that Workplace conduct, to be actionable as “Abusive Work Environment” the harassment need not result in concrete psychological harm to the victim, but rather be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, that the work environment as hostile or offensive.

Any person in a Supervisory or Command position who uses or condones any form of sexual behavior to control , influence, or affect the career, pay, or job of a military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical conduct of a sexual nature in the workplace is also engaging in Sexual Harassment.

EEOC Guidelines EEOC Criterion 1: Quid Pro Quo Submission to such conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment or academic work, or rejection of such conduct is used as the basis for employment or academic decisions affecting the individual. Quid Pro Quo - “Something for something” Harasser has position of power or authority over the person being harassed Refusal to submit will tangibly affect the individual’s term or conditions of employment EEOC Criterion 2 – Hostile Work Environment Such conduct unreasonably interferes with an individual’s work or academic performance or creates and intimidating, hostile, or offensive working or educational environment. Unwelcome and Demeaning sexually related behavior that creates an Intimidating, Hostile, or Offensive work environment. Subtle One incident or several Intent of harasser is Irrelevant Perception or Impact of harassed person

EEOC Criterion 1: Quid Pro Quo

Submission to such conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment or academic work, or rejection of such conduct is used as the basis for employment or academic decisions affecting the individual.

Quid Pro Quo - “Something for something”

Harasser has position of power or authority over the person being harassed

Refusal to submit will tangibly affect the individual’s term or conditions of employment

EEOC Criterion 2 – Hostile Work Environment

Such conduct unreasonably interferes with an individual’s work or academic performance or creates and intimidating, hostile, or offensive working or educational environment.

Unwelcome and Demeaning sexually related behavior that creates an Intimidating, Hostile, or Offensive work environment.

Subtle

One incident or several

Intent of harasser is Irrelevant

Perception or Impact of harassed person

Examples of Sexual Harassment VERBAL Profanity, off-colored jokes Sexual comments, threats Whistling, barking, grunts, growling Passing rumors of sexual acts or involvement PHYSICAL Leering, elevator eyes, winking Licking lips, Displaying/giving sexually suggestive pictures or cartoons Stroking, grabbing, patting, hugging, pinching, provocatively posing, Cornering or blocking passageway Clothing adjustments, back rubs OBSESSIVE BEHAVIOR STALKING- Includes actions of a person in repeatedly following or harassing another person in a manner to induce in a reasonable person a fear of sexual battery, bodily injury, or death of that person or a member of that person’s immediate family. OBSESSIVE BEHAVIOR- Such harassment can include unwanted telephone calls, E-Mail messages, uninvited visits to personal quarters, ETC..

VERBAL

Profanity, off-colored jokes

Sexual comments, threats

Whistling, barking, grunts, growling

Passing rumors of sexual acts or involvement

PHYSICAL

Leering, elevator eyes, winking

Licking lips, Displaying/giving sexually suggestive pictures or cartoons

Stroking, grabbing, patting, hugging, pinching, provocatively posing,

Cornering or blocking passageway

Clothing adjustments, back rubs

OBSESSIVE BEHAVIOR

STALKING- Includes actions of a person in repeatedly following or harassing another person in a manner to induce in a reasonable person a fear of sexual battery, bodily injury, or death of that person or a member of that person’s immediate family.

OBSESSIVE BEHAVIOR- Such harassment can include unwanted telephone calls, E-Mail messages, uninvited visits to personal quarters, ETC..

Intent vs. Impact Is my intent the same as the impact? Is my behavior welcome? Is it Sexual Harassment? Ask yourself the following: Was the behavior or innuendo Sexual in nature? Was the behavior Unwelcome? Does the behavior create a Hostile or offensive work environment? Have Sexual favors been Demanded, Requested, or Suggested- Especially as a condition of employment, career, and job success?

Is my intent the same as the impact?

Is my behavior welcome?

Is it Sexual Harassment? Ask yourself the following:

Was the behavior or innuendo Sexual in nature?

Was the behavior Unwelcome?

Does the behavior create a Hostile or offensive work environment?

Have Sexual favors been Demanded, Requested, or Suggested- Especially as a condition of employment, career, and job success?

Employee Responsibilities Right to be free from harassing behavior Responsibility to complain about harassing behavior Way to resolve harassment: Confront the harasser Use an intermediary to confront the harasser Write a letter to the harasser Maintain a log or diary of incidents Request sexual harassment training for the unit REPORT THE INCIDENT

Right to be free from harassing behavior

Responsibility to complain about harassing behavior

Way to resolve harassment:

Confront the harasser

Use an intermediary to confront the harasser

Write a letter to the harasser

Maintain a log or diary of incidents

Request sexual harassment training for the unit

REPORT THE INCIDENT

Supervisor Responsibilities Let your employees know you take this issue seriously & the institution will respond promptly Take a proactive stance in preventing unlawful harassment Take appropriate action in a timely manner, don’t delay Document. Write a detailed summary of the complaint Follow up on the complaint. Check with the complainant the next day to ensure he or she is getting needed assistance

Let your employees know you take this issue seriously & the institution will respond promptly

Take a proactive stance in preventing unlawful harassment

Take appropriate action in a timely manner, don’t delay

Document. Write a detailed summary of the complaint

Follow up on the complaint. Check with the complainant the next day to ensure he or she is getting needed assistance

Dangerous Words When responding to a complaint, be careful that these words don’t come out of your mouth It’s just teasing – no big deal The people in our school would never do … I know he/she didn’t mean anything like that It’s your fault for dressing so provocatively You need to learn to handle these things Just ignore it He puts his arms around everyone You must have wanted it, otherwise you would have told im no Why can’t you learn to accept a compliment? It’s just a prank that got out of hand We’ve never had a complaint, so we don’t have a problem

When responding to a complaint, be careful that these words don’t come out of your mouth

It’s just teasing – no big deal

The people in our school would never do …

I know he/she didn’t mean anything like that

It’s your fault for dressing so provocatively

You need to learn to handle these things

Just ignore it

He puts his arms around everyone

You must have wanted it, otherwise you would have told im no

Why can’t you learn to accept a compliment?

It’s just a prank that got out of hand

We’ve never had a complaint, so we don’t have a problem

Organizational & Individual Costs Employee productivity losses Diminished student learning Increased absenteeism, turnover and drop out rates Court awards, settlements and fees Damage to institutional image Deterioration of student and staff morale Negative institutional culture Damaged interpersonal relationships Psychological distress, compromised wellness Compromised spiritual & moral integrity

Employee productivity losses

Diminished student learning

Increased absenteeism, turnover and drop out rates

Court awards, settlements and fees

Damage to institutional image

Deterioration of student and staff morale

Negative institutional culture

Damaged interpersonal relationships

Psychological distress, compromised wellness

Compromised spiritual & moral integrity

Complaint Procedure Let your employees know you take this issue seriously Take a proactive stance in preventing unlawful harassment Take appropriate action in a timely manner Remember, you are liable if you knew or should have known You may file an oral or written complaint with any of the following personnel/offices: Immediate Supervisor Second Level Supervisor Human Resource Office Equal Employment Opportunity Commission (Federal)

Let your employees know you take this issue seriously

Take a proactive stance in preventing unlawful harassment

Take appropriate action in a timely manner

Remember, you are liable if you knew or should have known

You may file an oral or written complaint with any of the following personnel/offices:

Immediate Supervisor

Second Level Supervisor

Human Resource Office

Equal Employment Opportunity Commission (Federal)

Retaliation You are protected against retaliation for exercising your right to complain or for testifying or assisting in an investigation or hearing.

You are protected against retaliation for exercising your right to complain or for testifying or assisting in an investigation or hearing.

Investigative Process Informal Review Formal Review Results of Investigation

Informal Review

Formal Review

Results of Investigation

Confidentiality All complaints will be kept confidential Records established as a result of an investigation are not to be retained in employee personnel file

All complaints will be kept confidential

Records established as a result of an investigation are not to be retained in employee personnel file

Q & A