Harassment Harassment by definition is to irritate or torment persistently or to wear out and exhaust. Sexual Harassment Definition: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to or rejection of this conduct explicitly
or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates an intimidating, hostile or offensive work environment. Sexual Harassment Facts: The victim as well as the harasser may be a woman or a man. The harasser can be the victims supervisor, an agent of the employer, a supervisor in another
area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Sexual Harassment Facts: Unlawful sexual harassment may occur without economic injury to or discharge of the victim. Same sex harassment violates Title VII if the employee is harassed because of his or her gender.
Unwelcome conduct under a protected basis violates Title VII if it creates an intimidating, hostile, or offensive work environment. The harassers conduct must be unwelcome. Sexual Harassment Facts An employer is always liable for harassment by a supervisor that results in tangible employment action.
Elements of Claim of Sexual Harassment: Is unwelcome, Is based on membership in a protected class, Results in a tangible employment action or created a hostile work environment, and There is legal basis upon which to hold the employer liable. Two Types of Sexual Harassment:
Quid pro Quo Hostile Environment Quid pro Quo OCCURS WHEN: an individuals submission to or rejections of unwelcome sexual conduct. is used as a basis for employment decisions affecting the individual.
SUCH AS: hiring, firing, promotions, awards, transfers, or disciplinary action. Quid pro Quo TYPICAL EXAMPLES: 1) a supervisor coerces an employee into sexual relationship and then rewards the employee with a
promotion; 2) a supervisor takes disciplinary action or denies a promotion to an employee because he or she rejected sexual advance from the supervisor. Hostile Environment Occurs when unwelcome sexual conduct unreasonably interferes with an individuals job performance or creates an intimidating, hostile, or offensive working environment.
This form of harassment, whether engaged in by a manager or an employee can constitute discrimination, even if there are no tangible economic job consequences. Hostile Environment TYPICAL EXAMPLES of misconduct which may constitute evidence of a hostile environment are: displaying pinup calendars or sexually demeaning pictures;
making sexually oriented jokes or offensive remarks; or subjecting another employee to unwelcome sexual advances or touching. Hostile Environment: Anyone in the workplace may create a hostile work environment.
Supervisor Co-worker Non-employee Remember. . . Intentions do not matter if a person feels harassed or humiliated. Different people have different reactions to the same behavior and different interpretations
PREVENTION Prevention is the best tool to eliminate sexual harassment in the workplace. PREVENTION TOOLS Anti-Harassment Policy Educate and Train Employees Monitor enforcement of anti-harassment policy Investigate allegations of sexual harassment
Prevention Protect individuals confidentiality Protect individuals against retaliation Take a corrective action IMMEDIATLEY CORRECTIVE ACTIONS TO ENSURE THAT HARRASSMENT DOES NOT RECUR: oral or written warning or reprimand transfer or reassignment
demotion reduction of wages suspension CORRECTIVE ACTIONS TO ENSURE THAT HARRASSMENT DOES NOT RECUR: discharge training or counseling of harasser to ensure that he or she understands why his or her conduct violated
the employers anti-harassment policy; and monitoring of harasser to ensure that harassment stops. CORRECTIVE ACTIONS An offer of FULL RELIEF must take adequate steps to ensure the harassment does not continue. Full Relief would be action designed to ensure that the harassment ceased, either by
transferring the alleged harasser or appellant to another worksite, or other procedures. At a MINIMUM appellant is entitled to written assurance that steps will be taken that the action will not recur. STOP THE HARASSMENT ENSURE THAT IT DOES NOT RECUR Oral or written warning or reprimand Transfer or Reassignment
Demotion Reduction of Wages Suspension STOP THE HARASSMENT ENSURE THAT IT DOES NOT RECUR Discharge Training or Counseling of the harasser to ensure that she/he understands why his/her conduct violated the employers antiharassment policy
Monitoring of the harasser to ensure that the harassment stops PREVENTION SEXUAL HARASSMENT IS NOT YOUR FAULT. SEXUAL HARASSMENT IN NOT ABOUT SEX. It is about... POWER!
STEPS TO TAKE Say No Clearly Document the Harassment Contact EEO Counselor SUMMARY Includes any action of a clear or potentially sexuallymotivated nature. Words or actions will become sexual harassment if: They are unwelcome to the recipient; are directly, or even by implication, linked to
employment decisions; and form the basis of such decisions. SUMMARY Sexual Harassment: VIOLATES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 IS AGAINST THE LAW WILL NOT BE TOLERATED TITLE 230 - PART 401
Sexual Harassment Test 1. Can a man be sexually harassed? _X_ Yes __ No 2. If a women dresses provocatively in the work place is that a form of sexual harassment? _X_ Yes
__ No 3. Is A, B, or C a type of sexual harassment. A. Unpleasant Working Environment B. Hostile Environment C. Stressful Environment 4. Sexual harassment is in violation of Title ____ of the Civil Rights Code. A. Title VII B. Title V C. Title VI
Sexual Harassment Test 5. Can a third party be the recipient of sexual harassment? _X_ Yes __ No 6. Is saying "No" a tool to prevent sexual harassment? __ Yes
_X_ No 7. Which of these is the best Prevention tool for sexual harassment? A. Ignore it B. Complain C. Education and Training 8. Is saying "No" a step to take to stop sexual harassment? _X_ Yes __ No
Sexual Harassment Test 9.How do you prevent sexual harassment form recurring? A. B. C. Move the person being harassed Oral or written warning Institute a dress code.
10. A co-worker comes up to you and makes a joke of a sexually oriented nature. But, you are not in any way offended could this still be a form of sexual harassment, and why? YES A third party could have also heard the joke and taken offense to it. That is indirectly a form of sexual harassment.
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