Iowa Civil Rights Commission Disclaimer

1
Iowa Civil Rights CommissionDisclaimer

• The information contained in this presentation is
  a brief overview and should not be construed as
  legal advice or exhaustive coverage of the topic.

2
HARASSMENT

• SEXUAL and GENERAL

3
Overview

• Definition of sexual harassment
• Definition of general harassment
• Examples of prohibited behaviors
• Scenarios
• The companys responsibilities
• Liability

4
What is harassment ?

• Behavior which has the effect of humiliating,
  intimidating, or coercing someone through
  personal attack.
• Behavior that can cause the recipient to be
  embarrassed, uncomfortable and cause emotional
  distress.

5
What is sexual harassment ?

• Unwelcome sexual advances, requests for sexual
  favors and other verbal behavior or physical
  conduct of a sexual nature when
• Submission to such conduct is made an implicit
  condition of an individuals employment

6
Sexual harassment..

• Submission to or rejection of such conduct
  affects employment opportunities
• Such conduct interferes with an employees work
  or creates an intimidating, hostile or offensive
  work environment.

7
Types of Harassment

• Quid Pro Quo Hostile Environment

8
Quid Pro Quo

• When employment decisions or expectations are
  based on an employees willingness to grant or
  deny sexual favors.
• This for that

9
Examples of Quid Pro Quo

• Demanding sexual favors in exchange for a
  promotion or a raise
• Disciplining or discharging an employee who ends
  a romantic relationship
• Changing job performance expectations after
  subordinate refuses repeated requests for a date

10
Hostile Environment

• Where verbal or nonverbal behavior in the
  workplace focuses on the sexuality of another
  person or occurs because of a persons gender or
  other protected characteristic.
• Where verbal or nonverbal behavior in the
  workplace is unwanted or unwelcome

11
Hostile Environment...

• Where verbal or nonverbal behavior is severe or
  pervasive enough to affect the persons work
  environment

12
Examples of behaviors that create a hostile
environment

• Off-color jokes or teasing
• Comments about body parts or sex life
• Suggestive or demeaning pictures, posters,
  calendars or cartoons
• Leering, staring, or gesturing
• Repeated requests for dates
• Touching--brushes, pats, hugs, pinches
• Assault

13
UNWELCOME

• When any unwanted, unwelcome, or unsolicited
  conduct is imposed on a person who regards it as
  offensive or undesirable, it is harassment
• When a person communicates that the conduct is
  unwelcome, it becomes illegal. Even if the
  conduct is is not stated but implied, as long as
  it is unwelcome it is unlawful.

14
The Companys Obligation

• The company has the obligation to have a work
  place that is free of discrimination and
  harassment of any type
• Having an anti-harassment policy is a step in the
  right direction

15
Elements of an Anti-Harassment policy

• Statement prohibiting harassment
• Definition of harassment and examples of
  prohibited behaviors
• Explanation of complaint procedures and
  designation of persons to whom complaints should
  be made
• Assurance that a prompt, thorough and
  confidential investigation will take place

16
Anti-Harassment policy

• Assurance that if a violation of the policy is
  found, that there will be prompt, corrective
  action by the employer
• Assurance that there will be no retaliation for
  reporting the harassment

17
What do you do if..?

• You are harassed
• You are aware of harassing conduct

18
What to do.

• Report it to your supervisor
• Supervisor may want to involve human resources
  person or investigate - person making complaint,
  alleged harasser and witnesses may be interviewed
• Document

19
What to do.

• Evidence includes documentation
• If there is a violation, there needs to be
  appropriate corrective actionseriousness of the
  violation determines the remedy and level of
  discipline

20
Who is Liable?

• In quid pro quo situations
• Harasser is always liable
• Employer is always liable

21
Liability in hostile environment harassment

• Harasser is always liable
• Employer is liable unless the employer proves
  that they exercised reasonable care to prevent
  and remedy the harassing conduct and the
  complainant failed to take advantage of
  preventive and corrective measures.

22
LiabilityCo-worker

• Employer is liable if they knew or should have
  known, but failed to remedy the situation.
• Co-workers may also be individually liable for
  damages caused by harassment.
• Employer is liable for harassing conduct from
  someone outside the company.

23
Iowa Civil Rights Commission

• 211 East Maple Street, 2nd
  Floor
• Des Moines, Iowa 50309
• 515-281-4121
• 800-457-4416 (toll free)
• fax [phone]
• website www.state.ia.us/government/crc