LEGAL DEFINITION.“Sexual Harassment isany type of unwelcomeaction towards anemployee that leads todifficulty in performingassigned tasks or causesthe employee to feel heor she is working inhostile environment”.
The Definition of Sexual Harassment HasEvolved Over the Years.Now it Includes . . . Harassment by a supervisor of the same sex. Harassment by a Female supervisor of a male subordinate.
SEXUAL HARARSSMENT AT WORKPLACEBILL 2010. The SEXUAL HARASSMENT AT WORKPLACE BILL 2010 determine that the Indian Constitution & provision which states that Men & Women have same right to equality, the same right to Life & same right to live in dignity. The bill & it’s component patently undermine the basic truth that sexual harassment is neither about sex nor gender, it is about power & that women in power can be every bit as abusive as man.
“LETS TOGETHERWORK FOR ASOCIETY WHEREWOMEN CAN LIVEWITHOUT FEAR OFANY KIND OFVIOLENCE”.
RACIAL HARASSMENT. The United States has come a long ways in overcoming racism in the workplace but it still has a long ways to go.
RACIAL HARASSMENT. Even today, with a minority president in the white house, racism is still an issue in the news every day. Companies who take aggressive efforts to attain cultural diversity ,often opt for changes in corporate policies that give incentives for employees who increase productivity in their department based on cultural diversity.
Solution How can we reduce racism?1. Actively recruit and hire a racially and culturally diverse staff.2. Talk to the people of color on your staff.3. Examine your newsletter or other publications and look out for negative portrayals, exclusion.
CHILD LABOUR. “Any girl/boy below 18 years who does full time work to sustain self & family or any child who works in an environment that’s hazardous to his/her mental, physical, social, educational, moral & emotional development is child labour”.
Workplace harassment is a form of offensivetreatment or behavior, which to a reasonableperson creates an intimidating, hostile orabusive work environment. It may be sexual,racial, based on gender, national origin, age,disability, religion or a persons sexualorientation. It may also encompass other formsof hostile, intimidating, threatening, humiliatingor violent behavior, which are not necessarilyillegal discrimination, but are nonethelessprohibited by this policy. “Harassment is in the eye of the beholder”
Sexual harassment is defined as unwelcome sexualadvances, requests for sexual favors, and otherverbal or physical conduct of a sexual nature when •Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment (or grade) or is used as a basis for any employment decision (granting leave, promotion, favorable performance appraisal, etc); Quid pro quo; OR
“Such conduct has the purpose or effect ofunreasonably interfering with anindividuals work (or academic)performance or creating an intimidating,hostile or offensive working (learning)environment."
Which situations could be harassment?A. Suggestive photos displayed in an academic office.B. Repeatedly asking someone for a date.C. Gestures which have sexual meaning.
Two Kinds of Sexual Harassment. o Quid pro quo. o Hostile environment.
Quid Pro QuoDefinition: “This for that”Employmentdecisions/student gradesbased on sexual favors
Examples of Quid Pro Quo • Firing an employee or failing a student who ends a romantic relationship • Changing performance expectations after an employee or student refuses repeated requests for a date.
Hostile Environment When verbal or nonverbal behavior (in the workplace or classroom):1) Focuses on the sexuality of another person or occurs because of the person’s gender2) Is unwanted or unwelcome and3) Is severe or pervasive enough to affect the person’s work (classroom) environment
Examples of Hostile Environment. o Remarks about sexual activity o Touching--brushes, pats, hugs, shoulder rubs, pinches, etc. o Repeated requests for dates o Sending sexual mail, notes, e-mail or making sexually explicit phone calls
Hostile Environment Go for a That date? sweater is hot! Usually repeated several times
Behaviors That May CreateHostile EnvironmentWhen they are UNWANTED: • Off-color jokes or teasing • Comments about body parts or sex life • Suggestive pictures or drawings • Inappropriate language • Leering, stares or gestures
Gender Harassmento A form of sex discriminationo Need not be sexual in natureo Would not have occurred except for victim’s gendero “you’re a pushy broad”
Harassment via technology. Communications Act of 1934 amended in 1968 regarding telephone calls Stalking and harassment via e-mail also unlawful
Rabe v Lewisville ISD, 1994& Molina v Pasadena ISD, 1989 A teacher with a continuing contract was writing a student notes, going over her house when her parents were not home, and kissing her on the lips constituted good cause for termination on grounds of immorality in the case of Rabe v Lewisville ISD, 1994. Even if the student consents to the relationship, grounds for termination may be established. As noted in the Molina v Pasadena ISD, 1989 decision, “Even if the student were an adult, the fact that a student was as student is the controlling point. It is this status and this relationship that constitutes immoral conduct.”
Victim’s Rightso Does not have to suffer tangibly.o Does not have to object.
What should you do? If you’re a victim: • tell your Chair or Dean • tell your HR representative
You can stop it• Let others know if they behave in a way that makes you uncomfortable
What should you do?If you’re a harasser: • reconsider your priorities • don’t say things that demean men or women
Use your power wisely• Use power over students to enrich, not instill fear.• Use influence with peers to create a balanced work environment.• Build a cordial atmosphere for students, faculty and staff.
Common sense rules toprevent false claims Try not to be alone with students particularly in isolated locations. Avoid physical contact with student which could be misunderstood as sexual in nature. Avoid any written communications with students which could be misconstrued as personal or romantic.
Cont… Avoid off-the cuff comments on students’ physical appearance or discussing personal topics which could be construed as sexual. Ifa student confides in you regarding a personal topic of sexual nature, either invite another adult to join the conversation or report in writing immediately.