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October 11–13, 2012




Sexual Harassment in the Workplace
           Breaking the Silence
Why Victims Stay Silent

• I cannot betray my organization or my friends

• I will be removed from my organization

• After this is out, they will never look at me the same way

• If I don’t say anything, it will pass

• Investigations takes too long

• Pressure from peers to recant

• They will never believe me
OVERVIEW

• Examine and challenge beliefs, definitions, and assumptions around
  sexual harassment

• Clarify the difference between appropriate, inappropriate, and illegal
  behaviors associated with sexual harassment

• Practice sending convincing messages to set appropriate boundaries

• Practice making positive decisions based on context and relationships

• Explore consequences of decisions and behavior
DEFINITION

 Sexual harassment is a form of sex discrimination.

 Sexual harassment includes unwelcome sexual advances, requests for
  sexual favors, and other verbal or physical conduct of a sexual nature
  when:
      • Submission to or rejection of is made a term or condition of a
          person’s job, pay, career

       • Submission to or rejection of is used as a basis for career or
         employment decisions

       • Conduct has the purpose or effect of unreasonably interfering
         with an individual’s work performance or creates an
         intimidating, hostile, or offensive work environment
Types of Sexual Harassment


• Quid Pro Quo/Sexual Coercion: (“This for That”) Conditions placed
  on an individual’s career in return for sexual favors

• Hostile Environment: Subjected to offensive, unwanted and
  unsolicited comments, or behaviors of a sexual nature. If these
  behaviors unreasonably interfere with an individual’s performance
  then the environment is classified as hostile
   – Crude/Offensive behavior

   – Unwanted sexual attention
Examine and challenge
            beliefs, definitions, and assumptions around
                          sexual harassment
• All women say “no” when they really mean yes

• She was wearing a mini-skirt and a halter top – dressed provocatively

• She invited him over to her room

• If a person is a victim of sexual harassment they would have reported it
  by now

• An offender is an odd-looking person who is violent, mentally
  deranged, or impulsive

• Move the victim and the problem will be solved
Clarify the difference between appropriate, inappropriate,
and illegal behaviors associated with sexual harassment

Appropriate                       Inappropriate                         Illegal

Compliment                        Compliment                            Physical Contact

Ms. Jones, you look very nice     Ms. Jones, you are looking            Touching Ms. Jones
today.                            extremely sexy in that skirt today.   inappropriately where she feels
                                                                        uncomfortable.


Appropriate                       Inappropriate                         Illegal
Flirting                          Unwelcomed date                       Quid Pro Quo
Don’t – Remember its an attempt   Ms. Jones, I’m attracted to you       Ms. Jones if you go out on a date
to manipulate someone else.       and would like to take you out on     with me and put out, I will give
                                  a date and possibly go further if     you that promotion that’s
                                  you know what I mean.                 available in my department.
                                  Note: Ms. Jones is not interested.
Continuum of Behaviors

         Sexual Innuendo               Sexual Harassment                                Sexual Assault


   Mutually              Mutually        Inappropriate, or       Sexual                                   Sexual
consenting/ safe     flirtatious and        non-mutual         Harassment                                 Assault
                          playful




 Less                                                                                                                More
severe                                                                                                              severe
                                          Intervention
                                          opportunities

                                                             (Adapted from The Touch Continuum, Anderson, 2000 and Tabachnick, 2008)
Sexual Harassment Indicators


• Is the behavior sexual in nature?

• Is the behavior unwelcome?

• Have sexual favors been demanded, requested, or
  suggested?

• Does the behavior create a hostile or offensive environment?

• Would a reasonable person react the same way to this
  incident or behavior?
Responding to Sexual Harassment


•   There are five techniques of dealing with sexual harassment

     • Direct approach

     • Indirect approach

     • Third party assistance

     • Leadership Support Chain

     • File an Informal or Formal complaint
Practice sending convincing messages
             to set appropriate boundaries

• Rules, limitations, or guidelines
• Do we have to set boundaries?
• Let’s keep this professional
• Can we just be friends?
• Be more assertive
• Protect yourself
Practice making positive decisions
            based on context and relationships



• Clear communication

• Intent versus Impact

• Reconnecting the signals

• Can you live with the decisions?
Explore consequences of decisions and behavior

•   What might be the after effects of our actions?
•   Should I be concerned?
•   What issues need I be aware of?
•   Can I trust my perceptions?
•   Will the outcome be positive and productive?
•   What are the repercussions?
•   Is what I am doing really worth it?
•   Do I care?
•   Is my attitude good and productive?
VIGNETTES
Peer to Peer - TDY
Sarah Clark and Michael Drake would frequently travel to different areas to
handle projects. Sarah and Michael considered themselves friends and talked
about everything. One day on travel, Michael asked Sarah if she wanted to go
to the movies after they finished the project. Sarah told Michael that would be
great. Michael said, “I will pick you up at 6”. During the movie, Michael rested
his head on Sarah’s shoulder and began rubbing her inner thigh with his hand.
Sarah grabbed his hand and told him to stop. As Sarah was getting up to
leave, Michael looked at her and said, “it’s me you're talking to”.
               Does this constitute sexual harassment/assault?

 Examples of physical sexual harassment may include touching, patting,
 pinching, bumping, grabbing, cornering, or blocking a passageway; kissing;
 and providing unsolicited back or neck rubs. Sexual assault includes rape,
 nonconsensual sodomy (oral or anal sex), indecent assault (unwanted,
 inappropriate sexual contact or fondling), or attempts to commit these acts.
 serious criminal acts
Supervisor and Contractor
 A few months after he began work, Mr. Brian Wallace, COR, was put in
 charge of the Contract employees. Ms. Linda Norboss, CTR, claims
 that Brian began harassing her by sending her several sexually explicit
 emails/texts and telling her about a sexual encounter he had with
 another woman. Linda says that when she asked Brian to stop, he
 became angry and walked away.
                Does this constitute sexual harassment?

IAW AR 690-600, The EEO officer will advise the aggrieved that, depending
on the facts and circumstances surrounding the employment relationship,
the Army may not be his or her employer under Title VII or any other
antidiscrimination laws. The EEO officer must forward the working
relationship information to the labor counselor for a fact based analysis and
legal opinion on whether the aggrieved is a covered Army “employee” under
the antidiscrimination laws.
Leadership Dilemma

Rudy Patton, Director, was getting a snack from the vending machine
when Carla Mathews walked passed him with a frown on her face. Mr.
Patton asked Ms. Mathews, “what’s wrong?” Carla replied with, “I’m
tired of the men commenting on how I wear my jeans and staring at me
as I walk by”. Mr. Patton told Ms. Mathews that he would look into it.


                   What should the Leadership do?

 •   Talk to Carla to get more specifics
 •   Handle the situation internally (training, counseling, and
     discussion)
 •   Contact the EEO Office for Guidance
 •   Notify Senior Leadership as warranted
SUMMARY


•   Examine and challenge beliefs, definitions, and assumptions around sexual
    harassment

•   Clarify the difference between appropriate, inappropriate, and illegal
    behaviors associated with sexual harassment

•   Practice sending convincing messages to set appropriate boundaries

•   Practice making positive decisions based on context and relationships

•   Explore consequences of decisions and behavior
HAND-OUTS
Appropriate   Inappropriate   Illegal   Appropriate   Inappropriate   Illegal
Behavior:                               Behavior:



Example:                                Example:
BELIEFS       BELIEFS




DEFINITIONS   DEFINITIONS




ASSUMPTIONS   ASSUMPTIONS

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Sexual Harassment in the Workplace: Breaking the Silence

  • 1. October 11–13, 2012 Sexual Harassment in the Workplace Breaking the Silence
  • 2. Why Victims Stay Silent • I cannot betray my organization or my friends • I will be removed from my organization • After this is out, they will never look at me the same way • If I don’t say anything, it will pass • Investigations takes too long • Pressure from peers to recant • They will never believe me
  • 3. OVERVIEW • Examine and challenge beliefs, definitions, and assumptions around sexual harassment • Clarify the difference between appropriate, inappropriate, and illegal behaviors associated with sexual harassment • Practice sending convincing messages to set appropriate boundaries • Practice making positive decisions based on context and relationships • Explore consequences of decisions and behavior
  • 4. DEFINITION  Sexual harassment is a form of sex discrimination.  Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to or rejection of is made a term or condition of a person’s job, pay, career • Submission to or rejection of is used as a basis for career or employment decisions • Conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment
  • 5. Types of Sexual Harassment • Quid Pro Quo/Sexual Coercion: (“This for That”) Conditions placed on an individual’s career in return for sexual favors • Hostile Environment: Subjected to offensive, unwanted and unsolicited comments, or behaviors of a sexual nature. If these behaviors unreasonably interfere with an individual’s performance then the environment is classified as hostile – Crude/Offensive behavior – Unwanted sexual attention
  • 6. Examine and challenge beliefs, definitions, and assumptions around sexual harassment • All women say “no” when they really mean yes • She was wearing a mini-skirt and a halter top – dressed provocatively • She invited him over to her room • If a person is a victim of sexual harassment they would have reported it by now • An offender is an odd-looking person who is violent, mentally deranged, or impulsive • Move the victim and the problem will be solved
  • 7. Clarify the difference between appropriate, inappropriate, and illegal behaviors associated with sexual harassment Appropriate Inappropriate Illegal Compliment Compliment Physical Contact Ms. Jones, you look very nice Ms. Jones, you are looking Touching Ms. Jones today. extremely sexy in that skirt today. inappropriately where she feels uncomfortable. Appropriate Inappropriate Illegal Flirting Unwelcomed date Quid Pro Quo Don’t – Remember its an attempt Ms. Jones, I’m attracted to you Ms. Jones if you go out on a date to manipulate someone else. and would like to take you out on with me and put out, I will give a date and possibly go further if you that promotion that’s you know what I mean. available in my department. Note: Ms. Jones is not interested.
  • 8. Continuum of Behaviors Sexual Innuendo Sexual Harassment Sexual Assault Mutually Mutually Inappropriate, or Sexual Sexual consenting/ safe flirtatious and non-mutual Harassment Assault playful Less More severe severe Intervention opportunities (Adapted from The Touch Continuum, Anderson, 2000 and Tabachnick, 2008)
  • 9. Sexual Harassment Indicators • Is the behavior sexual in nature? • Is the behavior unwelcome? • Have sexual favors been demanded, requested, or suggested? • Does the behavior create a hostile or offensive environment? • Would a reasonable person react the same way to this incident or behavior?
  • 10. Responding to Sexual Harassment • There are five techniques of dealing with sexual harassment • Direct approach • Indirect approach • Third party assistance • Leadership Support Chain • File an Informal or Formal complaint
  • 11. Practice sending convincing messages to set appropriate boundaries • Rules, limitations, or guidelines • Do we have to set boundaries? • Let’s keep this professional • Can we just be friends? • Be more assertive • Protect yourself
  • 12. Practice making positive decisions based on context and relationships • Clear communication • Intent versus Impact • Reconnecting the signals • Can you live with the decisions?
  • 13. Explore consequences of decisions and behavior • What might be the after effects of our actions? • Should I be concerned? • What issues need I be aware of? • Can I trust my perceptions? • Will the outcome be positive and productive? • What are the repercussions? • Is what I am doing really worth it? • Do I care? • Is my attitude good and productive?
  • 15. Peer to Peer - TDY Sarah Clark and Michael Drake would frequently travel to different areas to handle projects. Sarah and Michael considered themselves friends and talked about everything. One day on travel, Michael asked Sarah if she wanted to go to the movies after they finished the project. Sarah told Michael that would be great. Michael said, “I will pick you up at 6”. During the movie, Michael rested his head on Sarah’s shoulder and began rubbing her inner thigh with his hand. Sarah grabbed his hand and told him to stop. As Sarah was getting up to leave, Michael looked at her and said, “it’s me you're talking to”. Does this constitute sexual harassment/assault? Examples of physical sexual harassment may include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. serious criminal acts
  • 16. Supervisor and Contractor A few months after he began work, Mr. Brian Wallace, COR, was put in charge of the Contract employees. Ms. Linda Norboss, CTR, claims that Brian began harassing her by sending her several sexually explicit emails/texts and telling her about a sexual encounter he had with another woman. Linda says that when she asked Brian to stop, he became angry and walked away. Does this constitute sexual harassment? IAW AR 690-600, The EEO officer will advise the aggrieved that, depending on the facts and circumstances surrounding the employment relationship, the Army may not be his or her employer under Title VII or any other antidiscrimination laws. The EEO officer must forward the working relationship information to the labor counselor for a fact based analysis and legal opinion on whether the aggrieved is a covered Army “employee” under the antidiscrimination laws.
  • 17. Leadership Dilemma Rudy Patton, Director, was getting a snack from the vending machine when Carla Mathews walked passed him with a frown on her face. Mr. Patton asked Ms. Mathews, “what’s wrong?” Carla replied with, “I’m tired of the men commenting on how I wear my jeans and staring at me as I walk by”. Mr. Patton told Ms. Mathews that he would look into it. What should the Leadership do? • Talk to Carla to get more specifics • Handle the situation internally (training, counseling, and discussion) • Contact the EEO Office for Guidance • Notify Senior Leadership as warranted
  • 18. SUMMARY • Examine and challenge beliefs, definitions, and assumptions around sexual harassment • Clarify the difference between appropriate, inappropriate, and illegal behaviors associated with sexual harassment • Practice sending convincing messages to set appropriate boundaries • Practice making positive decisions based on context and relationships • Explore consequences of decisions and behavior
  • 19.
  • 21. Appropriate Inappropriate Illegal Appropriate Inappropriate Illegal Behavior: Behavior: Example: Example:
  • 22. BELIEFS BELIEFS DEFINITIONS DEFINITIONS ASSUMPTIONS ASSUMPTIONS