According to Merriman-Webster's Collegiate Dictionary (3r

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Sexual Harassment
Pamela Thomason
Pamela Thomason

• A Staff Workshop

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What is it?
Pamela Thomason
sex-u-al ha-rass-ment \sek-sh(e-)wel
he-ras-ment\ n (1975)

• According to Merriman-Websters Collegiate
  Dictionary (3rd Ed.), it is uninvited and
  unwelcome verbal or physical conduct directed at
  an employee because of his or her sex.

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A Legal Definition
Sexual harassment is any unwelcome sexual
advances, requests for sexual favors and other
verbal or physical conduct of a sexual nature
when
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Quid Pro Quo
You got the part!

• Submission to the conduct is made either
  explicitly or implicitly a term or condition of
  instruction, employment, or participation in
  other University activity,
• Submission to or rejection of such conduct by an
  individual is used as a basis for evaluation in
  making academic or personnel decisions, or

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Hostile Environment

• Such conduct has the purpose or effect
• of unreasonably interfering with an
• individuals performance or creating an
• intimidating, hostile, or offensive
• University environment.

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Necessary Showings

• The conduct must be severe or pervasive
• Mere offensive utterances do not constitute
  sexual harassment.
• Courts look at all of the circumstances to
  determine whether a reasonable person would
  consider the conduct to be severe or pervasive
  from the victims viewpoint.
• Frequency and severity are balanced.

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Social Context
Oncale v. Sundowner Offshore Services
Determining whether a reasonable person would
consider behavior to be severe requires careful
consideration of the social context in which the
particular behavior occurs and is experienced by
its target. The real social impact of workplace
behavior often depends on a constellation of
surrounding circumstance, expectations, and
relationships which are not fully captured by a
simple recitation of the words used or the
physical acts performed.
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Example

• Is a football players environment severely or
  pervasively abusive if the coach smacks him on
  the buttocks as he heads onto the field?
• Would the same behavior reasonably be experienced
  as abusive by the coachs secretary back at the
  office?

 
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Is this sexual harassment?

• A role play exercise

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Employees SupervisorsStory
Story

• I was impressed with her work, and gave her a
  special assignment that would help her to
  expand her abilities as well as help the
  department move forward. I thought the project
  had real potential. I invited her to dinner so we
  could talk over her ideas in a more relaxed
  atmosphere. I thought this
• would be helpful since she seems very bright but
  is nervous and shy in group meetings. I enjoyed
  getting to know her better and I could tell the
  feeling was mutual. We had a good time and the
  discussion was productive. Since our meeting, I
  haven't seen much of her. Im surprised that
  after such a promising start she seems less
  interested in my help. I guess she changed her
  mind about the assignment. It makes me wonder if
  shes really promotion material.

• I was excited about my new assignment on a
  special department project I was flattered when
  my boss suggested we discuss it over dinner. At
  first I felt uncomfortable about meeting him in a
  social setting but, deciding that I was being
  paranoid, agreed. During dinner, we began to
  discuss the new project. As the evening
  progressed, the conversation shifted to very
  personal topics, including my present and past
  boyfriends. I tried to shift the conversation
  back to something related to work but he kept
  drifting back to personal issues. Occasionally he
  touched my hand and told me he thought I was
  attractive. As we were getting ready to leave, he
  stood uncomfortably close to me and patted me on
  the arm. I felt nervous about the way he was
  relating to me but I was afraid to offend him by
  saying anything. Now I find myself avoiding him
  even though I respect his opinions and need need
  his guidance to do well in my department.

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Non-productive behaviors

• Missing work, taking extended breaks, finishing
  projects late
• Accepting favors, like getting the part or
  missing work without penalty
• Engaging in similar conduct, like putting up
  retaliatory pin-ups to see how they like it
• Engaging in provocative conduct
• Gossiping about it

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What do you see?

• A fashionable young woman from a bygone era?
• An ugly woman with exotic taste in hats?
• Which one is the truth?

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The case of the lovelorn revenue agent

• A true story

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Is this a hostile work environment?

• Ellison and Gray are revenue agents in the same
  office. According to Ellison, Gray pesters her
  and hangs around her desk. Ellison declines an
  invitation to go out for drinks and suggests
  lunch the next week but then tries to stay away
  from the office during lunch time to avoid having
  to go. Sometime during the next week, Gray
  uncharacteristically wears a three piece suit and
  asks Ellison to lunch. She declines.

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Is it now?

• Gray gives Ellison the following note I cried
  over you last night and Im totally drained
  today. I have never been in such constant term
  oil (sic). Thank you for talking with me. I
  could not stand to feel your hatred for another
  day.
• Ellison leaves the room after reading the note
  and Gray follows her. Ellison leaves the
  building.

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What about now?

• Ellison gets Grays note on Wednesday. He calls
  in sick on Thursday and Ellison is off Friday.
  The next Monday she starts four weeks of training
  out of town.
• Gray sends Ellison a three-page typed single
  spaced letter which states in part I know you
  are worth knowing with or without sex....
  Leaving aside the hassles and disasters of
  recent weeks, I have enjoyed you so much over
  these past few months. Watching you.
  Experiencing you from O so far away. Admiring
  your style and élan.... Dont you think it odd
  that two people who have never even talked
  together, alone, are striking off such intense
  sparks. . . I will write another letter in the
  near future.

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Does Grays intent matter?

• Suppose Gray sees himself as a modern day Cyrano
  de Begerac wishing no more than to woo Ellison
  with his words? There is no evidence that Gray
  harbors any ill will toward Ellison.
• In his three page love letter, Gray offers to
  leave Ellison alone if she wishes.

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Other examples of conduct that can create a
hostile environment

• The lovesick puppy syndrome
• A suitor who will not take no for an answer
• Maybe he or she hangs around, mooning over the
  unattainable beloved
• Invading body space
• Calling someone offensive or disrespectful terms
  (like babe or honey)
• Be sensitive to differing cultural norms

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Examples of conduct that does NOT create a
hostile environment

• Conduct that a reasonable person, similarly
  situated would not find to be pervasive or severe
• Isolated instances of mere offensive utterances
• Asking a co-worker for a date and taking no for
  an answer

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What can you do about offensive conduct that is
not yet severe or pervasive?

• Say you do not like it and ask the person to
  stop.
• Tell your supervisor.
• If the conduct is repeated it can become a
  violation and the offender can be advised of
  this.
• The victim could begin to keep a log or diary of
  the conduct, including dates, times, witnesses,
  direct quotes, and any documents or photographs.

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Resources for assistance in making a direct
response and beyond

• Information centers can assist in figuring out
  how to approach a harasser and what to say.
• The Ombuds Office offers confidential assistance
  and can help mediate an issue or dispute.
• Emotional distress is one of the human costs of
  harassment. Help is available at the Staff and
  Faculty Counseling Center.
• If someone fears harmcall the police

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Filing a complaint
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Why is it important?

• A complaint can protect the victim and others.
• Only by confronting a social problem can it be
  corrected.
• Laws or policies and their enforcement really do
  make a difference.
• Title VII has changed the face of American
  workplaces.
• Women make up more than 50 of UCLAs enrollment.

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How do you do it?

• The status of the alleged harasser determines the
  applicable procedure.
• Three basic status choices
• Student
• Staff
• Faculty

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Who is the alleged harasser?

• A staff member or patient?
• A student?
• A faculty member?

• Jim Justiss
• Director, Employee Relations x40500
• Dr. Neil Parker
• Senior Associate Dean of Student Affairs,
  310-825-6774
• Pamela Thomason
• Sexual Harassment Coordinator x63417

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Summary of options for addressing sexual
harassment

• Speak directly to the harasser.
• Speak to your supervisor.
• Initiate an investigation by filing a complaint.
• Contact the Ombuds Office.
• File a complaint with a law enforcement agency.

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A Message from the Assistant Vice Chancellor
Sexual Harassment is against the law and
University policy. I strongly believe that the
University environment should be free of sexual
harassment and will take all reasonable steps
necessary to prevent it from occurring and to
correct it if it does. No one is exempt. I urge
you to contact your supervisor or one of the
other campus resources if you experience or learn
of sexual harassment. It will make a better work
and educational environment for all of
us. Jack Powazek