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 • 1970’s • Barnes vs. Train (1974) • Corne vs. Bausch & Lomb (1975) • 1980’s • 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

8. Quid pro quo

9. 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

10. 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

11. Hostile-Environment

12. 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 • Let’s look at the 5 factors more closely…

14. Five Factors • Focus on Sexuality / Gender • The behavior complained about may focus on another’s sexuality or gender • Can be same-sex or opposite sex

15. Five Factors 2. Unwanted / Unwelcome • Unwelcome = employee didn’t 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?

16. 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

17. Five Factors • Intent vs. Impact • Victim’s perception means more than the harasser’s 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 victim’s circumstances would be offended. • Why? • Studies show that men and women view sexual conduct in the workplace differently.

19. Harassment or Just Inappropriate?

20. The Manager’s & Supervisor’s 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

21. Unlawful Sexual Behavior • Unwelcome sexual advances • Requests for sexual favors • Other verbal or physical conduct of a sexual nature

22. WHEN… • Submission to such behavior is a term of the employee’s employment • Submission to or rejection of such behavior is used as basis for employment decisions • Such behavior interferes with an individual’s work performance or creates a hostile work environment

23. Inappropriate Sexual Conduct… • Remember, it’s 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

24. 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.

25. McCoy’s Liability • An employer is always responsible for any harassing acts committed by a supervisor or manager. • A victim doesn’t need to prove any harm or loss in order to recover damages • Employers may be responsible for acts of harassment by non-employees

26. The Manager’s & Supervisor’s 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

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

28. Harassment Policy • Found in your Handbook • Imperative that you are familiar with it

29. Do’s & Don’ts • Treat men & women equally. • Minimize cursing and avoid sexual language • Avoid jokes about men versus women. • Avoid stereotypes • Refrain from touching employees • Don’t make references to appearances • Don’t date employees under your supervision • Don’t post or allow others to post suggestive materials.

30. 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

31. 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

34. 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 individual’s work performance. B. It creates an intimidating, hostile, or offensive working environment. • BOTH A & B

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