REFRESHER TRAINING

1. REFRESHER TRAINING PREVENTION OF SEXUAL HARASSMENT (POSH) Computer assisted training for all civilian employees and for personnel who supervise civilian employees.

2. PURPOSE • To provide refresher POSH training • To remind supervisors and employees of their role in preventing sexual harassment • To promote a professional, hostile-free work environments

3. MANDATORY TRAINING • Refresher POSH training is required every year for all civilian employees and for all supervisors who supervise civilians, regardless of grade level or position • First time supervisors of civilian employees (including military and LN) must attend the initial supervisor’s block provided by the servicing EEO office as soon as possible of appointment • Employees new to federal service must attend the initial training provided by the servicing EEO office as soon as possible of appointment. Training - Key to Prevention

4. PROGRAM STRUCTURE • PART 1 - INTRODUCTION • PART 2 – UNDERSTANDING SEXUAL HARASSMENT • PART 3 – SUPERVISOR’S ROLE • PART 4 – EMPLOYEE’S ROLE • FINAL EXAM

5. TO OBTAIN CREDIT • Review all modules, whether supervisor or employee • Take Final Exam • Press the submit button after completing the exam – to notify the Baumholder EEO office that you have completed the TIPOSH refresher training. • For Assistance call the Baumholder EEO office telephone number at COMM 06783-6-7450 or DSN 485-7118. GO TO PART 1 TO BEGIN TRAINING

6. PART 1 INTRODUCTION Table of Contents • References • Army Policy • Key Supreme Court Decisions • Employer Liability • Sexual Harassment • Intent • Effects • 10 U.S. Code Section 1561 – Additional Processing Channel • Executive Order 13087 – Sexual Orientation

7. REFERENCES • Title VII—Civil Rights Act of 1964, as amended • Army policy • MACOM policy • Commander’s policy • Post/community policy Policies Call servicing EEO Office

8. ARMY POLICY • The policy of the U.S. Army is that sexual harassment is unacceptable conduct and will not be tolerated • The Army is totally committed to creating and maintaining an environment conducive to maximum productivity and respect for human dignity, free of sexual harassment for all its personnel, whether civilian or military

9. KEY SUPREME COURT DECISIONS • 1986, Meritor Savings Bank vs Vinson:Supreme Court held that harassment need not affect the victim’s economic benefit or create an economic barrier; if the harassment created an offensive or hostile work environment, then it was a violation of Title VII • 1993, Harris vs. Forklift Systems, Inc.: Supreme Court affirmed the holding in Meritor and held that an abusive work environment need not seriously affect an employee’s psychological well being or lead the plaintiff to suffer injury to be actionable

10. COURT DECISIONS Factors to consider in reaching conclusions about whether conduct is legally actionable: • How often the conduct occurs • How serious the conduct is • Whether the behavior physically threatens the victim, or stops at offensive comments and • Whether the behavior unreasonably interferes with work performance • Generally a few isolated, minor incidents (e.g., single request for sex) are not legally sufficient to show sexual harassment; however, even minor incidents may violate Army Policy and even a single incident may be sufficient to establish harassment depending on severity of behavior (e.g., physical harassment)

11. EMPLOYER LIABILITY • Employers may be liable for any sexually harassing conduct when the supervisory chain knows or should have known of the conduct of employees • Best (and often only) defense from liability is that immediate and appropriate corrective action is taken once employer is on notice of the behavior • Even though no complaint has been voiced, employer is liable if the harassing acts were such that the supervisors should have known of their occurrence

12. SEXUAL HARASSMENT • The term sexual harassment has sexual implications (i.e., having sex) as opposed to solely gender implications • The victim is in the position where the harasser is asserting power over the victim, rather than seeking sexual favors by the use of sex • An appeals court decision stated: “Sexual harassment…represents an intentional assault on an individual’s innermost privacy…”

13. INTENT • If discrimination occurs, a person’s claim of having no intention to discriminate is not a valid defense • What counts are the effects of the action KNOW HOW YOUR BEHAVIOR AFFECTS OTHERS!

14. EFFECTS OF SEXUAL HARASSMENT • Robs victim of self esteem • Creates unpleasant emotional reactions in the person experiencing them • Creates a hostile working environment • Impacts morale and productivity • Breaks down team concept • Costs money to process and adjudicate a complaint ( May result in discipline or/and possible job loss for person found guilty of sexually harassing behavior

15. 10 U.S. CODE SECTION 1561 (ADDITIONAL PROCESSING CHANNEL) • Alternate channel for filing sexual harassment complaints outside of the EEO complaints process. • EEO can advise who is point of contact (POC) designated to receive section 1561 complaints • Employees may also simultaneously file an EEO complaint with the servicing EEO office within 45 calendar days of occurrence

16. EXECUTIVE ORDER 13087 (SEXUAL ORIENTATION) • President issued 28 May 99 • Amends Executive Order 11478, EEO in the Federal Government, 8 Aug 69 • Sexual orientation is having or being perceived as having a self-image or identity not traditionally associated with one’s biological gender. • Sexual orientation complaints are handled under the DoD administrative grievance procedure, the negotiated grievance procedure (if appropriate), or as appeals to the Merit Systems Protection Board when otherwise appealable actions are involved. • Cannot file under EEO complaint process • May also file with Office of Special Counsel

17. SUMMARY • Sexually harassing behavior can create a hostile working environment • Employers may be held liable for failing to recognize sexual harassing behavior or for failing to take corrective action • Effect not intent is what counts • Sexual harassing behavior can cost you your job or promotion END OF PART 1