Sexual Ethics in the Workplace

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Sexual Ethics in the Workplace

• Yarvelle Draper-King,
• Assistant Director of Equity and Diversity
  Services
• January, 2007

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Why Training

• To communicate the policy UWGB has in place to
  address this topic
• Training is the best way to ensure our policies
  are more than just pieces of paper.
• Communication of these policies and their
  implications is CRITICAL.
• Training also reduces grievances and/or legal
  challenges/lawsuits.
• To develop and environment where employees value
  and respect each other

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Training Objectives

• Define and recognize sexual harassment in the
  workplace and the related university policy
• Understand its subtle forms
• How it impacts people
• Understand the responsibility of each employee
  and supervisor in maintaining an environment free
  of harassment
• Awareness of behaviors that can offend people
• Create environment where employees value and
  respect each other

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SEXUAL HARASSMENT IS AGAINST THE LAW

• Federal Law
• State Law
• University Policy

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WHAT IS SEXUAL HARASSMENT?
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Sexual Harassment is

• A form of sex discrimination. It occurs in a
  variety of situations that share a common
  element the inappropriate introduction of sexual
  activities or comments into the work or learning
  situation.
• Unwelcome
• Interferes with persons ability to do their job
• Interferes with students ability to get an
  education

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Costs of Sexual Harassment

• Lower productivity of employees
• Diminished learning on the part of students
• Higher costs due to lower efficiency
• Increased absenteeism, turnover and drop-out
  rates
• (cont.)

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Costs of Sexual Harassment

• Court awards, settlements and fees
• Damage to an institutions public image
• Deterioration of student and staff morale
• Damage to organizational climate

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Types of Sexual Harassment

• Quid Pro Quo
• Decisions affecting employees or students.
  Expectations are based on willingness to grant
  sexual favors.
• Hostile Environment
• Verbal or nonverbal behavior in the workplace
  Focuses on the sexuality of another person or
  occurs because of the persons gender
• Is unwanted or unwelcome and
• Is severe or pervasive enough to affect the
  persons work environment.

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7 Examples of Prohibited Behavior
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1

• Unwelcome verbal expressions of a sexual nature
• Graphic sexual commentaries about a person's
  body, dress, appearance, or sexual activities
• The unwelcome use of sexually degrading language,
  jokes or innuendoes
• Unwelcome suggestive or insulting sounds or
  whistles obscene phone calls.

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2

• Implicit or explicit offers of employment or
  academic rewards for submission to sexual
  advances.
• 3
• Unwelcome and inappropriate touching, patting, or
  pinching obscene gestures.

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4

• Sexually suggestive objects, pictures,
  videotapes, audio recordings or literature placed
  in the work or study area that may embarrass or
  offend reasonable persons applying contemporary
  community standards. Such material when used in
  an educational setting should be related to
  educational purposes.

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5

• Threats or insinuations that a person's
  employment, wages, academic goals, promotional
  opportunities, classroom or work assignments or
  other conditions of employment of academic life
  may be adversely affected by not submitting to
  sexual advances.

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6

• Unwelcome verbal expressions of a sexual nature,
  including graphic sexual commentaries about a
  person's body, dress, appearance, or sexual
  activities the unwelcome use of sexually
  degrading language, jokes or innuendoes
  unwelcome suggestive or insulting sounds or
  whistles obscene phone calls.

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7

• Consensual sexual relationships where such
  relationships lead to favoritism of a student or
  subordinate employee with whom the teacher or
  superior is sexually involved and where such
  favoritism adversely affects other students
  and/or employees.
• Potential pitfalls include
• Power differential
• Age issues
• Conflict of Interest
• Potential for abuse and exploitation is high
• Potential for retaliation when the relationship
  ends
• Claims of favoritism by third parties

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7 Continued

• Board of Regents policy on consensual
  relationships (Board of Regents Policy 91-8)
  discourages sexual or romantic relationships
  between persons in positions of unequal power and
  authority.

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Who Can Be A Victim or Perpetrator?
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Anyone!!!

• Faculty, Staff, Student, Contractor, Visitor
• Male, Female
• Man vs. Man
• Woman vs. Woman

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Is it Really Sexual Harassment?

• Is the conduct unwelcome (reasonable person
  standard) ?
• Does the conduct affect the working environment
  or academic performance ?
• How frequent and severe is the unwelcome conduct?
• Was the conduct physically threatening or
  humiliating, or simply offensive words?
• Is the harasser victim's supervisor or is there a
  power differential?

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Intent is Irrelevant

• The conduct is evaluated from the victim's
  perspective. Many offenders may be completely
  unaware of how their actions are being perceived.
• Courts have often applied a "reasonable woman (or
  person) standard," asking whether a reasonable
  woman (person) would have found the conduct in
  question so severe and pervasive that it created
  a hostile environment.

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Who Can File A Complaint

• The victim
• A co-worker
• A third party

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Handling the Sexual Harassment Complaint

• Take the report seriously.
• Listen, sympathize, but dont judge.
• Dont delay.
• Respond to concerns.
• Document.
• Follow up on the complaint.
• Avoid using dangerous words.

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Dangerous Words

• When responding to a complaint, be careful that
  these words dont come out of your mouth
• Its just teasingno big deal.
• The people in our school would never do
• I know he/she didnt mean anything like that.
• You need to learn to handle these things.
• Just ignore it.
• He puts his arms around everyone.
• Why cant you learn to accept a compliment?
• (cont)

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Dangerous Words

• You must have wanted it, otherwise you would have
  told him no.
• Thats how they do things where he/she comes
  from.
• Its just a joke. Lighten up.
• No ones filed a charge so our hands are tied.
• Weve never had a complaint, so we dont have a
  problem.
• This kind of behavior is all part of growing up.
• If we had to discipline every student who used
  bad language wed never get anything else done.
• Its just a prank that got out of hand.

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Filing a SH Complaint

• You may file a complaint with any of the
  following personnel/offices
• Your immediate supervisor
• Any other supervisor within the direct chain of
  command
• UWGB Department of Affirmative Action (ES 107)
• Dean of Students Office (SS 2000)
• Wisconsin Department of Workforce Development -
  Equal Rights Division
• Equal Employment Opportunity Commission

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Investigation Options

• Formal Procedures
• Investigation Always required
• Hearing or other due process proceeding Yes
• Outcomes If harassment is found a variety of
  sanctions may be applied

• Informal Procedures
• Investigation Complainant and alleged harasser
  may be interviewed, but usually not extensive
  investigation is necessary
• Hearing or other due process proceeding No
• Outcomes Generally, harassment stops (or formal
  processing of complaint is launched). Outcomes
  may include apology, promise not to repeat
  behavior, transfer of one party, voluntary
  resignation of alleged harasser

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Retaliation

• It is unlawful to retaliate against an employee
  for reporting sexual harassment, filing a
  complaint or participating in an investigation of
  sexual harassment. This protection applies even
  if the allegation of sexual harassment ultimately
  turns out to be unsupported.

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Universitys Commitment

• The University has an obligation to act when it
  learns of or receives complaints of Sexual
  Harassment!!
• The full Policy is online at
• http//www.uwgb.edu/hr/Policies/SexualHarassement
  /sexualharass.htm

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QUESTIONS