Sexual Harassment

1
Sexual Harassment
2
Legal Definition

• Sexual harassment is defined
• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal conduct of a sexual nature
• Other physical conduct of a sexual nature

3
Two Types of Harassment

• Quid pro quo
• Hostile-Environment

4
History

• Title VII of Civil Rights Act of 1964
• Prohibits employment discrimination on the basis
  of
• Race
• Color
• Religion
• National origin
• Sex
• Enforced by Equal Employment Opportunity
  Commission (EEOC)

5
History

• 1970s
• Barnes vs. Train (1974)
• Corne vs. Bausch Lomb (1975)
• 1980s
• EEOC defines sexual harassment as a form of sex
  discrimination
• The Supreme Court rules that conduct must be
  unwelcome to be considered harassment (1986)

6
History

• 1991- Anita Hill testifies at Clarence Thomas
  hearings that he sexually harassed her.
• Hearings spark national debate
• What is sexual harassment?
• What should be done about it?

7
History

• 1998- The Supreme Court rules
• Same-sex harassment violates Title VII under the
  Civil Rights Act of 1964
• 1999- The Supreme Court rules
• Companies may be automatically liable for
  improper behavior of supervisors
• Even if companies had no knowledge of behavior

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Quid pro quo
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Quid pro quo

• This for that
• A person in power (manager or supervisor) makes
  employment decisions based on if the employee
  grants or denies sexual favors.
• Job
• Promotion
• Raise
• Assignments

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• Examples of Quid pro quo
• Demanding dates
• Disciplining or firing a subordinate who ends a
  romantic relationship
• Changing performance expectations after a
  subordinate refuses dates

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Hostile-Environment
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Hostile Environment

• Verbal or nonverbal behavior that is intimidating
  or offensive and is
• Focused on Sexuality / Gender
• Unwanted Unwelcome
• Severe / Pervasive
• Intent vs. Impact
• Reasonable Person Standard

13
Hostile Environment

• Generally less clear-cut than Quid pro quo
• Lets look at the 5 factors more closely

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Five Factors

• Focus on Sexuality / Gender
• The behavior complained about may focus on
  anothers sexuality or gender
• Can be same-sex or opposite sex

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Five Factors

• 2. Unwanted / Unwelcome
• Unwelcome employee didnt solicit or incite
  conduct and feels behavior as unwanted
• Courts look at determining conduct as unwelcome
  
• Did victim communicate conduct was unwelcome?
• Did victim file a prompt complaint?
• How did victim participate or react to the
  behavior?
• Are there any mixed signals from victim?

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Five Factors

• Severe / Pervasive
• Offensive conduct is continuous, frequent, or
  repetitive
• A pattern, rather than an event
• The law is meant to target severe, abusive
  behavior affecting the workplace

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Five Factors

• Intent vs. Impact
• Victims perception means more than the
  harassers intent

18
Five Factors

• Reasonable Person Standard
• Is it sexual harassment?
• The EEOC looks at whether a reasonable person of
  the same sex in the victims circumstances would
  be offended.
• Why?
• Studies show that men and women view sexual
  conduct in the workplace differently.

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Harassment or Just Inappropriate?
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The Managers Supervisors Role

• Maintain a harassment-free, professional work
  environment
• How?
• Use common courtesy
• Closely observe others reactions
• Get into the habit!
• Use common sense
• Common sense Guidelines
• Appropriate behavior makes people feel good or
  neutral
• Harassing behavior makes people feel disgusted,
  embarrassed, angry, scared, and helpless

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Unlawful Sexual Behavior

• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal or physical conduct of a sexual
  nature

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WHEN

• Submission to such behavior is a term of the
  employees employment
• Submission to or rejection of such behavior is
  used as basis for employment decisions
• Such behavior interferes with an individuals
  work performance or creates a hostile work
  environment

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Inappropriate Sexual Conduct

• Remember, its sexual harassment if the conduct
  is unwelcome and affects the conditions of
  employment.
• Inappropriate Conduct
• Vulgar or derogatory comments
• Sexually suggestive language
• Vulgar language
• Threats of physical harm
• Sexually oriented or suggestive pictures,
  posters, magazines, etc.
• Touching someone in a sexually suggestive way

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Inappropriate Sexual Conduct

• Difficult to define
• What is okay for one person is not for another
  person
• No Black and White
• The context in which the behavior occurs means
  everything.

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McCoys Liability

• An employer is always responsible for any
  harassing acts committed by a supervisor or
  manager.
• A victim doesnt need to prove any harm or loss
  in order to recover damages
• Employers may be responsible for acts of
  harassment by non-employees

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The Managers Supervisors Liability

• Managers and Supervisors are agents of the
  company
• Held liable for sexual harassment
• Their own acts
• Failing to respond to harassment occurring in
  their department

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Complaint Guidelines

• Take every complaint seriously.
• Contact
• Human Resources
• Supervisor/ Manager
• Vice President or President

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Harassment Policy

• Found in your Handbook
• Imperative that you are familiar with it

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Dos Donts

• Treat men women equally.
• Minimize cursing and avoid sexual language
• Avoid jokes about men versus women.
• Avoid stereotypes
• Refrain from touching employees
• Dont make references to appearances
• Dont date employees under your supervision
• Dont post or allow others to post suggestive
  materials.

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True or False

• A man is accused of sexually harassing a woman.
  He argues that the woman was dressed
  provocatively. Because the woman was wearing
  provocative clothing, his behavior is NOT sexual
  harassment.
• FALSE

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True or False

• A man and woman are co-workers and have had an
  intimate relationship. He stops the
  relationship. If the woman tries to continue the
  relationship by giving him presents and calling
  him at work, that is sexual harassment.
• TRUE

32
True or False.

• If an employee reports harassment but asks the
  supervisor not to do anything yet, The credit
  union is not liable for the harassment until the
  employee asks for management to intervene.
• FALSE

33
True or False

• Supervisors are responsible for the conduct of
  both employees and non-employees present in the
  workplace.
• TRUE

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• The EEOC guidelines establish that no sexually
  offensive conduct or behavior is allowed in the
  workplace. Which of the following is used to
  determine whether the behavior is unlawful?
• It creates an unreasonable interference with the
  individuals work performance.
• B. It creates an intimidating, hostile, or
  offensive working environment.
• BOTH A B

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Thank You for your Participation!!!