Sexual harassment employee on-employee - Lecture Notes William Allan Kritsonis, PhD

1. Sexual Harassment:Sexual Harassment:
Employee on EmployeeEmployee on Employee
William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

2. DefinitionDefinition
Sexual harassment is defined asSexual harassment is defined as
unwelcomeunwelcome
sexual advances, requests for sexual favors,sexual advances, requests for sexual favors,
or other verbal, visual, or physical conductor other verbal, visual, or physical conduct
of a sexual nature made by one person toof a sexual nature made by one person to
another.another.

3. Two Kinds of Sexual HarassmentTwo Kinds of Sexual Harassment
Quid pro quo occurs when aQuid pro quo occurs when a
person in authority such asperson in authority such as
a manager, supervisor ora manager, supervisor or
faculty member makes anfaculty member makes an
unwelcome sexual advanceunwelcome sexual advance
or request for a sexual favoror request for a sexual favor
to an employee or studentto an employee or student
and submission to orand submission to or
rejection of the advance is arejection of the advance is a
condition of employment orcondition of employment or
academic standing.academic standing.
Hostile environmentHostile environment
harassment consists ofharassment consists of
unwelcome sexualunwelcome sexual
misconduct thatmisconduct that
substantially interferes withsubstantially interferes with
work or academicwork or academic
performance or creates aperformance or creates a
hostile working or learninghostile working or learning
environment.environment.

4. Forms of Sexual HarassmentForms of Sexual Harassment
PhysicalPhysical
VerbalVerbal
VisualVisual

5. Physical FormPhysical Form
 TouchingTouching
 unwanted massagesunwanted massages
 patting, caressing, or fondlingpatting, caressing, or fondling
 impeding or blocking movementimpeding or blocking movement
 standing closer than appropriate orstanding closer than appropriate or
necessary for the work being done,necessary for the work being done,
touching or rubbing oneself sexuallytouching or rubbing oneself sexually
around or in view of another person, oraround or in view of another person, or
assault.assault.

6. Verbal FormVerbal Form
 targeting a person with sexual comments, slurs, jokes, ortargeting a person with sexual comments, slurs, jokes, or
rumorsrumors
 verbal sexual advances, threats or propositionsverbal sexual advances, threats or propositions
 verbal abuse of a sexual natureverbal abuse of a sexual nature
 making sexual comments about a person's clothing,making sexual comments about a person's clothing,
body, or looksbody, or looks
 sexually degrading words used to describe an individualsexually degrading words used to describe an individual
 suggestive or obscene letters, notes, or invitationssuggestive or obscene letters, notes, or invitations
 turning work or academic discussions into sexualturning work or academic discussions into sexual
discussionsdiscussions
 asking about sexual fantasies, preferences, or history,asking about sexual fantasies, preferences, or history,
andand
 asking personal questions about social or sexual lifeasking personal questions about social or sexual life

7. Visual FormVisual Form
 leering (looking at someone in s sexuallyleering (looking at someone in s sexually
suggestive manner)suggestive manner)
 making suggestive gesturesmaking suggestive gestures
 displaying pornography, sexuallydisplaying pornography, sexually
suggestive pictures, cartoons, posters orsuggestive pictures, cartoons, posters or
literatureliterature
 having sexually suggestive software on ahaving sexually suggestive software on a
work or academic computer.work or academic computer.

8. When Reporting SexualWhen Reporting Sexual
HarassmentHarassment
Reports can be oral or in writing. The report mustReports can be oral or in writing. The report must
include several things:include several things:
(1)(1) name of the alleged harassername of the alleged harasser
(2)(2) detailed description of harassing actsdetailed description of harassing acts
(3)(3) names of any possible witnessesnames of any possible witnesses
(4)(4) time period of harassing actstime period of harassing acts
(5)(5) whether any tangible job action has occurredwhether any tangible job action has occurred
(demotion, termination, missed promotion, undesirable(demotion, termination, missed promotion, undesirable
job assignment).job assignment).
***The complainant will not be required to confront the***The complainant will not be required to confront the
alleged harasser as part of the reporting oralleged harasser as part of the reporting or
investigatory process.investigatory process.

9. CasesCases

10. Guzman v. Harlandale I.S.D,Guzman v. Harlandale I.S.D,
A male teacher repeatedly bothered two female colleaguesA male teacher repeatedly bothered two female colleagues
with unsolicited comments of affection, and was terminated for hiswith unsolicited comments of affection, and was terminated for his
immorality. Immorality was defined by the Texas Commission ofimmorality. Immorality was defined by the Texas Commission of
Education to mean willful, flagrant, or shameless behavior that shows aEducation to mean willful, flagrant, or shameless behavior that shows a
moral indifference to the opinion of the good and respectable membersmoral indifference to the opinion of the good and respectable members
of the community in which the behavior occurs. Guzman had madeof the community in which the behavior occurs. Guzman had made
such suggestions that they should go away for the weekend, and thatsuch suggestions that they should go away for the weekend, and that
he wanted to be her puppy so that she would take him home and takehe wanted to be her puppy so that she would take him home and take
care of him. The commissioner stated that Guzman’s unsuccessfulcare of him. The commissioner stated that Guzman’s unsuccessful
andand
boring attempts to win the affection of the teachers did not amount toboring attempts to win the affection of the teachers did not amount to
the aforementioned definition of immorality. The commissionerthe aforementioned definition of immorality. The commissioner
ordered the teacher to be reinstated.ordered the teacher to be reinstated.

11. Masson v. School Board of Dade CountyMasson v. School Board of Dade County
Masson alleges that she was subjected to aMasson alleges that she was subjected to a
hostile work environment based on the explicithostile work environment based on the explicit
remarks of John Leyva, the principal and herremarks of John Leyva, the principal and her
immediate supervisor. Masson also alleged thatimmediate supervisor. Masson also alleged that
Leyva has a pattern and practice of sexuallyLeyva has a pattern and practice of sexually
harassing his other subordinate femaleharassing his other subordinate female
employees.employees.
The courts found that the school board was notThe courts found that the school board was not
liable for sexual harassment of a female teacherliable for sexual harassment of a female teacher
byby
a male principal.a male principal.

12. Clark County School District v. BreedenClark County School District v. Breeden
In 1994, the respondent’s male supervisor metIn 1994, the respondent’s male supervisor met
with the respondent and another male employee to reviewwith the respondent and another male employee to review
evaluation reports of four job applicants. During thisevaluation reports of four job applicants. During this
meeting, a report disclosed that the applicant had oncemeeting, a report disclosed that the applicant had once
made and inappropriate comment to a co-worker. Themade and inappropriate comment to a co-worker. The
respondent claims that she was punished for complainingrespondent claims that she was punished for complaining
to the petitioner’s personnel about the alleged sexualto the petitioner’s personnel about the alleged sexual
harassment. In 2002, the courts ruled that a singleharassment. In 2002, the courts ruled that a single
incident of alleged sexual harassment does not violate Titleincident of alleged sexual harassment does not violate Title
VII of the Civil Rights act of 1964.VII of the Civil Rights act of 1964.

13. PreventionPrevention
 Develop an anti-harassment policy together withDevelop an anti-harassment policy together with
employees, managers, and union representatives.employees, managers, and union representatives.
 Communicate the policy to all employeesCommunicate the policy to all employees
 Make sure that all managers and supervisors understandMake sure that all managers and supervisors understand
their responsibility to provide a harassment-free worktheir responsibility to provide a harassment-free work
environment.environment.
 Ensure that all employees understand the policy andEnsure that all employees understand the policy and
procedures for dealing with harassment - new and long-procedures for dealing with harassment - new and long-
term employees alike - this involves training, informationterm employees alike - this involves training, information
and education.and education.
 Show you mean it - make sure the policy applies toShow you mean it - make sure the policy applies to
everyone, including managers and supervisors.everyone, including managers and supervisors.

14. Prevention, continuedPrevention, continued
 Promptly investigate and deal with all complaints ofPromptly investigate and deal with all complaints of
harassment.harassment.
 Appropriately discipline employees who harass otherAppropriately discipline employees who harass other
employees.employees.
 Provide protection and support for the employees whoProvide protection and support for the employees who
feel they are being harassed.feel they are being harassed.
 Take action to eliminate discriminatory jokes, posters,Take action to eliminate discriminatory jokes, posters,
graffiti, e-mails and photos at the work site.graffiti, e-mails and photos at the work site.
 Monitor and revise the policy and education/informationMonitor and revise the policy and education/information
programs on a regular basis to ensure that it is stillprograms on a regular basis to ensure that it is still
effective for your workplace.effective for your workplace.

15. Dr. William Allan KritsonisDr. William Allan Kritsonis