Civil Rights Act of 1964

1
Civil Rights Act of 1964

• (a) it shall be unlawful employment practice for
  an employer -- (1) to fail or refuse to hire or
  to discharge any individual or otherwise to
  discriminate against any individual with respect
  to his compensation, terms, conditions, or
  privileges of employment because of such
  individuals race, color, religion, sex, or
  national origin...

2
What is sexual harassment?

• Harassment on the basis of sex is a violation of
  sec. 703 of Title VII of the Civil Rights act.
  Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature when (1) submission to such conduct
  is made either explicitly or implicitly a term or
  condition of an individual's employment, (2)
  submission to or rejection of such conduct by an
  individual is used as the basis for employment
  decisions affecting such individual, or (3) such
  conduct has the purpose or effect of unreasonably
  interfering with an individual's work performance
  or creating an intimidating, hostile, or
  offensive work environment.

3
Quid Pro Quo

• 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

4
Hostile Environment

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

5
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.

6
Employees Story Supervisors Story

• 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 his
  guidance to do well in my department.

• 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.

7
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.

8
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.
9
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.
10
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.

11
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)
• Being insensitive to differing cultural norms

12
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

13
Equality

• Formal Equality (equal consideration)
• Symmetrical model (blind to difference)
• Assimilationist modes of achieving equality
• Identical treatment
• Adrogynous modes of achieving equality
• New qualifications instituted for everyone
• Substantive Equality (status/outcome equality)
• Assymetrical model (responsive to difference)
• Accommodation modes
• cant help the differences so people shouldnt be
  penalized for them
• Acceptance modes
• Allow for cultural/gender/racial/sexuality
  differences and make them costless
• Empowerment modes
• If it undoes white male hetersexual privilege
  then it is an equal outcome

14
Supersons proposal
Sexual Harassment consists of any behavior
(verbal or physical) caused by a person, A, in
the dominant class directed at another, B, in the
subjugated clss, that expresses and perpetuates
the attitude that B or members of Bs sex is/are
inferior because of their sex, thereby causing
harm to either B and/or members of Bs sex.
Objective view of harassment -- does not depend
on whether or not B was bothered or disturbed, or
on whether A intended to harass, but rather on
whether the behavior is an instance of a practice
that expresses and perpetuates an attitude that B
and members of Bs sex are inferior because of
their sex.
15
What is the most interesting thing you learned
this week? What were you hoping for? Was your
hope satisfied? Was this format acceptable to
your learning process? Why or why not? Any
changes, recommendations, suggestions youd like
to make.