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BLR’s Human Resources Training Presentations in Texas. Sexual Harassment: What Is and Isn’t Acceptable: Part I. Goals. Understand federal laws governing sexual harassment in the workplace Recognize the forms of sexual harassment Know who can commit sexual harassment
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BLR’s Human Resources Training Presentations in Texas Sexual Harassment: What Is and Isn’t Acceptable: Part I
Goals • Understand federal laws governing sexual harassment in the workplace • Recognize the forms of sexual harassment • Know who can commit sexual harassment • Recognize who can experience harassment • Understand under what conditions sexual harassment can occur • Understand Texas laws governing harassment
What Is Sexual Harassment? • Title VII • Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin • The courts have interpreted discrimination based on sex to include sexual harassment
What Is Sexual Harassment? (cont.) • Conduct of a sexual nature in the workplace • Unwelcome sexual advances or requests for sexual favors, or verbal or physical conduct of a sexual nature constitutes sexual harassment
Who Can Commit Sexual Harassment? • Supervisors • Subordinates • Co-workers • Clients/customers
Who Can Commit Sexual Harassment? (cont.) • Teachers • Students • Same-sex
Who Can Experience Sexual Harassment? • Direct targets of harassment • Bystanders/witnesses to harassment
How Can Sexual Harassment Occur? • Tangible Employment Action • Employee suffers a loss(monetary, change inworkload or assignment) • Focus on harm to victim • Occurs between a supervisor and employee
How Can Sexual Harassment Occur? (cont.) • Hostile Work Environment • Severe or pervasive conduct (or both) • Unreasonable interference with job performance • Offensive, intimidating, hostile work environment • Can be created by anyone in the workplace
Does a Hostile Work Environment Exist? • How frequent is the conduct? • How severe? • Is the conduct physically threatening or humiliating? • Does the conduct unreasonably interfere with an individual’s work performance?
Prohibited Practices in Texas • Unwelcome sexual advances • Requests for sexual favors • Verbal or physical conduct of sexual nature • Tangible employment action • Hostile work environment
Employer Liability in Texas • Knew or should have known • Actions halfhearted and ineffective
Enforcement of Texas Antiharassment Law • Texas Commission on Human Rights • Authority of Commission • Referral of complaints • Remedies
Summary • Sexual harassment is prohibited by Title VII • Sexual harassment is conduct of a sexual nature in the workplace • Sexual harassment is unwelcome advances or requests for sexual favors, or verbal or physical conduct of a sexual nature • Any employee, customer, or client can commit sexual harassment
Summary (cont.) • Any employee, bystander, or witness can be a target of harassment • Sexual harassment is characterized by tangible employment action or a hostile environment • Texas laws prohibit sexual harassment in the workplace
Quiz 1. Sexual harassment in the workplace includes lewd remarks and sexual calendars. True or False 2. People of the same sex cannot commit sexual harassment. True or False 3. Besides employees who are direct targets, who are the other two groups who may be victims of sexual harassment?
Quiz (cont.) 4. If a supervisor terminates an employee for refusing a sexual demand, it is an example of what kind of harassment? 5. A hostile work environment may be intimidating and include sexual jokes. True or False
Quiz Answers 1. True. 2. False. The key here is not sexuality, but that the act is sexual in nature. 3. Bystanders or witnesses to sexual harassment. 4. It is an example of tangible employment action. 5. True.