Awareness and Prevention of Sexual Harassment, Version 3

1. Awareness and Prevention of Sexual Harassment, Version 3 August 2001 * Oracle Course Code SUPI235200 Version 3Training Credit: One Hour

2. Course Information Developed by Lynne Presley from material furnished by the FEMA Office of Equal Rights and OP-110215, “Rules Concerning the Individual Conduct of Employees”, and OP-110205, “Employee Grievance Resolution Procedures.” Course published: August 2000. Version 2 of course revised and published April 6, 2004. Version 3 of course revised and published March 2, 2007.

3. Course Objectives At the end of this course, participants will be able to: • Understand the definition of sexual harassment as outlined in the EEOC guidelines • Define the two types of sexual harassment • Understand the steps for reporting sexual harassment • Understand the joint responsibility of supervisors and employees when dealing with sexual harassment in the workplace

4. Introduction Employees of the Oklahoma Department of Corrections are expected to discharge the duties and responsibilities of their positions in a manner which upholds the public’s trust and reflects the highest ethical standards. In keeping with the above expectation of conduct, no employee will permit or engage in any conduct which constitutes, or is contributory to, sexual harassment. The purpose of this course is to increase awareness and identify measures that will prevent sexual harassment issues and complaints in the workplace.

5. Sexual Harassment: A Definition Sexual harassment is defined by the EEOC as any unwelcome sexual advances, requests for sexual favors, and verbal, graphic or physical conduct of a sexual nature when: (see next slide)

6. Sexual Harassment, Definition (continued) • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment • Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment

7. Legal Facts about Sexual Harassment • Sexual harassment is a form of gender discrimination in violation of Title VII (Civil Rights Act of 1964) • In 1980, the EEOC issued guidelines declaring sexual harassment to be an unlawful employment practice • In 1986, the Supreme Court affirmed these guidelines

8. Two Basic Types of Sexual Harassment Sexual harassment generally falls into two basic types: Quid Pro Quo Hostile Work Environment

9. Quid Pro Quo Quid pro quo is a Latin phrase meaning “something for something.” This occurs when demands are made for sexual favors, and the refusal or submission to these demands forms the basis for employment decisions. Let’s examine a “quid pro quo” scenario.A female cadet on the midnight shift is called into her supervisor’s office. The supervisor tells the cadet that he will give her weekends off and transfer her to the day shift if she will have intimate relations with him. He has offered her something (an employment decision on the shift and days off she is assigned) in exchange for something (sex).

10. Hostile Work Environment A hostile work environment is defined as any sexual conduct that interferes with an individual’s work performance or creates an offensive, intimidating work environment. This includes inappropriate words, touching, gestures, or the display of sexual items. Let’s examine a hostile work environment scenario.A supervisor calls her male administrative assistant into her office and asks his opinion of the new picture on her bulletin board. (She has pinned a poster of a nude man on her bulletin board.) The administrative assistant feels extremely uncomfortable and embarrassed by the nude picture, and this causes his work performance to degrade.

11. Forms of Sexual Harassment We’ve learned that sexual harassment falls into two basic types. Within those types, the method of sexual harassment may take different forms: Physical: Includes unwelcome touching, grabbing, pinching, hugging, stroking, or blocking a person’s path Verbal: Includes requests or demands for sexual favors, questions about sexual fantasies or practices, sexual innuendoes or jokes, and remarks of a sexual nature Visual: Includes leering, staring, looking a person up and down, making obscene gestures, and displaying sexually explicit pictures, objects and cartoons

12. Harassment Examples Physical: Includes unwelcome touching, grabbing, pinching, hugging, stroking, or blocking a person’s path Unwelcome touching is not acceptable in the workplace!

13. Harassment Examples II Verbal: Includes requests or demands for sexual favors, questions about sexual fantasies or practices, sexual innuendoes or jokes, and remarks of a sexual nature Sexual innuendoes and jokes are not acceptable in the workplace!

14. Harassment Examples III Visual: Includes leering, staring, looking a person up and down, making obscene gestures, and displaying sexually explicit pictures, objects and cartoons Displaying sexually explicit pictures is not acceptable in the workplace. People who view the pictures may be offended.

15. Sexual Harassment Facts • Sexual harassment can be blatant or very subtle • It’s frequently an inappropriate use or display of power, often intended to coerce, embarrass or degrade • Anyone can harass, just as anyone can be a victim of harassment, regardless of their sex, age, or sexual orientation • While sexual harassment has long been a problem for women, it is increasingly becoming a problem for men, too • Everyone has the right to work in an environment free of sexual harassment • Each of us (employees and supervisors) has the responsibility to help prevent sexual harassment in the workplace

16. Zero Tolerance Policy Our agency has a “zero tolerance” policy regarding sexual harassment. This means that no employee will permit or engage in any conduct which constitutes, or is contributory to, sexual harassment. The department and its supervisors/managers will take immediate corrective action, which may include a disciplinary response, to any act which constitutes sexual harassment. Supervisors/managers who fail to respond appropriately may be subject to a disciplinary response.

17. What to do if it happens to you Employees must report any conduct which is perceived to be harassment. Reports or complaints of harassment under this procedure may be made directly to the Employee Rights and Relations Unit without submission through the chain of command. Any supervisor who receives a complaint or who becomes aware of such conduct will immediately refer the complaint for investigation by the Employee Rights and Relations Unit.

18. Grievance Procedure Point to Remember Any employee who believes that he or she has been the victim of unlawful sexual harassment may complain of sexual harassment in accordance with the agency’s grievance procedure. Be prepared to discuss details (who, what, when, where). Bring notes if available.

19. What Happens Next? (Cease and Desist Order) Pending the completion of any sexual harassment investigation or disciplinary response, the facility/unit head will issue a “Cease and Desist” order to any employee alleged to have committed any act of harassment. The “Cease and Desist” order will be placed in the supervisor’s file pending substantiation of the allegations. In the event the allegations are substantiated and formal disciplinary action is issued, the order will be placed in the employee’s personnel file. If the allegations are not substantiated or warrant informal discipline, the order will remain in the supervisor’s file.

20. What Happens Next?(Corrective Action) The facility/unit head will take whatever immediate corrective action is necessary to reasonably ensure that such misconduct does not re-occur. Corrective action may include, but is not limited to: • Any disciplinary action, up to and including termination, that is appropriate for the severity of the misconduct. In some instances, the “Cease and Desist” order may be sufficient action. • Training • Transfer

21. Prevention Techniques To avoid being a sexual harasser . . . • Conduct yourself in a businesslike and professional manner • Act appropriately, being sure to avoid intimidating, ridiculing or embarrassing another person

22. Self-Test: Page 1 1. Sexual harassment, as defined by the EEOC, may include: Physical conduct of a sexual nature Verbal conduct of a sexual nature Both A and B Click here for correct answer The correct answer is "C"

23. Self-Test: Page 2 2. A demand for submission to conduct of a sexual nature may be either explicit or implicit. True False Click here for correct answer The correct answer is "A"

24. Self-Test: Page 3 3. In what year did the EEOC issued guidelines declaring sexual harassment to be an unlawful employment practice? 1980 1985 1990 Click here for correct answer The correct answer is "A"

25. Self-Test: Page 4 4. Sexual harassment generally falls into which two basic types? Verbal and graphic Implicit and explicit Quid Pro Quo and Hostile Work Environment Click here for correct answer The correct answer is "C"

26. Self-Test: Page 5 5. The display of a sexual item in the workplace, such as an obscene photograph, contributes to: A hostile work environment A Quid Pro Quo situation Both A and B Click here for correct answer The correct answer is "A"

27. Self-Test: Page 6 6. Verbal sexual harassment includes: Stroking a person’s body Questioning a person about her sexual fantasies Making an obscene gesture Click here for correct answer The correct answer is "B"

28. Self-Test: Page 7 7. Sexual harassment can be either blatant or subtle. True False Click here for correct answer The correct answer is "A"

29. Self-Test: Page 8 8. As a rule, only young, attractive people are victims of sexual harassment. True False Click here for correct answer The correct answer is "B"

30. Self-Test: Page 9 9. Men can be victims of sexual harassment. True False Click here for correct answer The correct answer is "A"

31. Self-Test: Page 10 10. Both employees and supervisors are responsible for preventing sexual harassment in the workplace. True False Click here for correct answer The correct answer is "A"

32. Self-Test: Page 11 11. All sexual harassment complaints received by a supervisor must firstbe reported by that supervisor to the Oklahoma State Office of Personnel Management. True False Click here for correct answer The correct answer is "B"

33. Self-Test: Page 12 12. Sexual harassment complaints may not be made through the agency’s grievance procedure. True False Click here for correct answer The correct answer is "B"

34. Exit Thank you for taking this course.