SEXUAL HARASSMENT

1
SEXUAL HARASSMENT

• Ohio Department of Administrative Services
• Equal Opportunity Division

2
FEDERAL LAWS AND REGULATIONS

• Title VII of the Civil Rights Act of 1964 is a
  federal law that protects individuals from
  discrimination based on sex.
• Title VII makes it illegal for an employer to
  discriminate against individuals because of their
  sex in hiring, firing, and other terms and
  conditions of employment, such as promotions,
  raises, and other job opportunities.
• Title VII covers employers with 15 or more
  employees, including state and local governments.
  It also applies to employment agencies and to
  labor organizations, as well as to the federal
  government.
• Source http//www.eeoc.gov/policy/vii.html
• U.S. Equal Employment Opportunity Commission

3
STATE OF OHIO CODES

• The Administrative Rule 1231-49 provides
  guidance and leadership to administer the state
  of Ohio Equal Employment Opportunity program and
  the internal discrimination complaint process.
• The Ohio Revised Code Section 4112 prohibits any
  act of unlawful discriminatory practice in
  employment.

4
STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDERS

• Executive Order 2007-10S, Establishing Policy
  Against Discrimination Based on Sexual
  Orientation or Gender Identification
• Sexual Orientation A persons actual or
  perceived homosexuality, bisexuality, or
  heterosexuality, by orientation or practice, by
  and between adults who have the ability to give
  consent.
• Gender Identity The gender a person associates
  with him or herself, regardless of the gender
  others might attribute to that person.
• http//das.ohio.gov/Eod/PDF20Files/EO202007-10S
  .pdf

5
FEDERAL EEOC DEFINITION OFSEXUAL HARASSMENT

• Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitute sexual harassment when
  this conduct explicitly or implicitly affects an
  individual's employment, unreasonably interferes
  with an individual's work performance, or creates
  an intimidating, hostile, or offensive work
  environment.
• Source http//www.eeoc.gov/types/sexual_harassmen
  t.html
• U.S. Equal Employment Opportunity Commission

6
TYPES OF SEXUAL HARASSMENT

• Quid Pro Quo
• Unwelcome sexual advances, request for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitute quid pro quo sexual
  harassment when
• Submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment, or
• Submission to rejection of such conduct by an
  individual is used as the basis for employment
  decisions affecting such individual.
• Hostile Work Environment
• Unwelcome sexual advances, request for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitute hostile environment
  sexual harassment when such conduct has the
  purpose or effect of unreasonably interfering
  with an individuals work performance or creating
  an intimidating, hostile or offensive working
  environment.

7
EXCEPTIONS TO ALLEGED DISCRIMINATION

• When work-related requirements are considered a
  business necessity.
• Bona Fide Occupational Qualification (BFOQ) if
  gender, religion or national origin is a BFOQ to
  perform the normal functions of the position.
• Union-based seniority systems that are not
  designed to discriminate.

8
FACTS ABOUT SEXUAL HARASSMENT

• 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.
• Unlawful sexual harassment may occur without
  economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

9
EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employees should become familiar with their right
  to work in an environment free from employment
  discrimination.
• Employees should become acquainted with the
  agencys policy and procedures for filing a
  discrimination complaint.
• Employees who are harassed should take
  appropriate steps at an early stage to prevent
  the continuation of the objectionable conduct.
• Source http//www.eeoc.gov/types/age.html
• EEOC Compliance Manual, Section 13 of the new
  Compliance Manual on National Origin
  Discrimination.

10
AGENCY RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employers should establish anti-discrimination
  policies and complaint procedures covering all
  forms of unlawful discrimination.
• An employers discrimination complaint process
  should be clear and made available to all
  employees.
• Source http//www.eeoc.gov/types/age.html
  Source
• EEOC Compliance Manual, Section 13 of the new
  Compliance Manual on National Origin
  Discrimination.

11
EEOC STATISTICS ONSEXUAL HARASSMENT

• According to the federal EEOC, in Fiscal Year
  2007, the EEOC received 12,510 charges of sexual
  harassment.
• The EEOC resolved 11,592 sexual harassment
  charges in FY 2007 and recovered 49.9 million in
  monetary benefits for charging parties and other
  aggrieved individuals (not including monetary
  benefits obtained through litigation).
• Source http//www.eeoc.gov/types/religion.html
• U.S. Equal Employment Opportunity Commission

12
EEOC SUPREME COURT DECISION BASED ON SEXUAL
HARASSMENT

• EEOC v. Harris Farms (January 2005)
• A Mexican immigrant who began picking crops for
  Harris Farms as a seasonal farm worker and later
  became a regular employee in 1985, Ms. Tamayo
  testified that her supervisor forcibly raped her
  several times. He also subjected her to
  continuous verbal sexual harassment and
  intimidation. In addition, she described sexually
  offensive and threatening gossip from co-workers,
  as well as retaliation and a constructive
  discharge being given no choice than to quit in
  order to escape the workplace harassment.
• The jury found Harris Farms liable for sexual
  harassment, retaliation and the constructive
  termination of Ms. Tamayo and awarded her 53,000
  in back pay, 91,000 for front pay (what she
  would have earned if she had continued working at
  her job) and 350,000 in compensatory damages for
  emotional pain and distress. The jury also
  awarded 500,000 in punitive damages against
  Harris Farms to Ms. Tamayo.
• Source http//www.eeoc.gov/press/1-21-05.html
• U.S. Equal Employment Opportunity Commission

13
INTERNAL AND EXTERNAL RESOURCES FOR FILING
COMPLAINTS

• If you believe you may have been subject to
  discrimination, you may file your allegation with
  one or all of the following enforcement agencies
• DAS/Equal Opportunity Division The claim must be
  filed within 30 days of the alleged
  discriminatory incident. www.das.ohio.gov/eod
• Ohio Civil Rights Commission The claim must be
  files within 180 days of the alleged
  discriminatory incident. www.ohio.gov/crc
• U.S. Equal Employment Opportunity Commission
  The claim must be filed within 300 days of the
  alleged discriminatory incident. www.eeoc.gov

14
STATE AGENCY RESOURCES

• For more information, you may contact your
  respective agency EEO Officer.
• www.das.ohio.gov/eod/AAEEOEnfOff.htm

15
THANK YOU FOR YOUR ATTENTION!

• Ohio Department of Administrative Services
• Equal Opportunity DivisionFor more information,
  you may contactour office by phone(614)
  466-8380or www.das.ohio.gov/eod