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Traena Anti-Harassment Training - Lesson 1 - What is Harassment?


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Lesson 1 of Traena's Anti-Harassment Training Course.

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Traena Anti-Harassment Training - Lesson 1 - What is Harassment?

  1. 1. P R I V A T E A N D C O N F I D E N T I A L Welcome to Traena’s anti-harassment training course! This is the first lesson – Identifying and Understanding Sexual Harassment. After this lesson, you will be able to: • Define sexual harassment and its two primary types • Identify sexual harassment behaviors and issues • Recognize proper and improper behaviors 1 Agenda
  2. 2. P R I V A T E A N D C O N F I D E N T I A L • Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964 • Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information or any other protected category • Unlawful sexual harassment falls into two broad categories: • Quid pro quo (literally ‘this for that’): where enduring the offensive conduct either explicitly or implicitly becomes a condition of continued employment • Hostile work environment: where the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive 2 What is harassment?
  3. 3. P R I V A T E A N D C O N F I D E N T I A L • Offensive conduct may be: • Verbal: offensive jokes, slurs, epithets or name calling, ridicule or mockery, insults or put-downs • Non-verbal: inappropriate gestures, staring, or similar behavior • Physical: assaults or threats, intimidation • Visual: offensive objects or pictures, and interference with work performance 3 What is harassment? (cont’d)
  4. 4. P R I V A T E A N D C O N F I D E N T I A L • 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, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct (e.g. overhead offensive jokes) • Unlawful sexual harassment may occur without economic injury to or discharge of the victim • The harasser's conduct must be unwelcome to be considered harassment but all conduct must still comply with workplace standards 4 What is harassment? (con’td)
  5. 5. P R I V A T E A N D C O N F I D E N T I A L • What determines if conduct was "unwelcome?” • Evidence of "unwelcomeness" usually must be objective and includes: • Statements to the harasser that the conduct is unwelcome • Statements to others that the conduct is unwelcome • Other observable indications that the victim does not appreciate the conduct 5 Unwelcome behavior
  6. 6. P R I V A T E A N D C O N F I D E N T I A L • Examples of quid pro quo sexual harassment include: • Offering better work hours in exchange for sexual favors • Offering promotion or threatening firing based upon sexual interaction • Disciplining a subordinate who ends a romantic relationship • Examples of hostile work environment sexual harassment include: • Physical: touching, impeding movement, unwelcome advances, assault • Verbal: asking unwelcome personal questions about someone’s sex life, unwelcome requests for dates, repeatedly overhearing inappropriate jokes, using racial slurs or sexual innuendo, comments about appearance, spreading rumors / lies about someone’s sex life • Visual: displaying offensive pamphlets / posters, displaying inappropriate content from the internet, obscene gestures, display of sex-related objects 6 Examples of Harassment
  7. 7. P R I V A T E A N D C O N F I D E N T I A L • Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious • The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a "tangible employment action," such as hiring, firing, promotion, or demotion • Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality • To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people 7 What is NOT harassment?
  8. 8. P R I V A T E A N D C O N F I D E N T I A L • In determining whether harassment is sufficiently severe or pervasive to create a hostile environment, the harasser's conduct should be evaluated from the objective standpoint of a "reasonable person" • If the challenged conduct would not substantially affect the work environment of a reasonable person, no violation should be found • A "hostile environment" claim generally requires a showing of a pattern of offensive conduct • In contrast, in "quid pro quo" cases a single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits 8 Reasonable Person Standard
  9. 9. P R I V A T E A N D C O N F I D E N T I A L • Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws. • Anti-discrimination laws also prohibit harassment against individuals for opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. 9 Retaliation