SEXUAL HARASSMENT HANDBOOK III

Welcome, result = 1 2 3

Welcome behavior is not sexual harassment. Even unwelcome behavior is not sexual harassment, if it does not result in the target experiencing a 1. tangible loss, 2. interference with the ability to perform his or her job, or 3. a seriously intimidating, hostile, and offensive work environment.

Chapter 3

3: What Is Sexual Harassment?

Chapter 4

4: When Supervisors Harass

The bottom line for supervisor sexual harassment:

- employers are automatically liable for the sexually harassing behavior of supervisors where a tangible employment decision was made. -Employers are automatically liable for a hostile environment created by supervisor, unless the employer took reasonable care to prevent or correct promptly any sexually harassing behavior and the employee unreasonably failed to take advantage of preventive or corrective opportunities or to avoid harm. - Target should communicate his or her concerns to supervisor or the person designated to receive complaints - Target should report any supervisor who withholds or threaten to withhold job benefits or Ignores an expression of concern. - supervisors should avoid sexual behavior toward and sexual relationships with their subordinates. -supervisors should respond positively to subordinates who object to their unwanted behavior. -Supervisors should encourage subordinates to communicate concerns. -Supervisor should affirm the employer sexual-harassment policy. -Supervisors who learned of a sexual harassment complaint about another supervisor should direct employee to the person designated to receive complaints. -Employers should issue a sexual-harassment policy, create a procedure for prompt correct of action, and encourage employees to use the procedure. -employers should make sure all employees know about and understand the policy and procedure.

Non-fraternization policy.

1. Some employers now require employees to sign a disclosure statement when they intend to enter a sexual relationship. 2. Other employers prohibit their employees from engaging in sexual or romantic relationships during their employment with nonfraternization policies.

Chapter 2

2: Updating the Greek Tragedy

Repeated

A single offensive remark or gesture is not sexual harassment on its own, but if it is repeated, it is sexual harassment when viewed as the beginning of a campaign of intimidation. All the incidents together are the sexual harassment.

What happens when an Employee relationship ends for only 1 of them?

A third type of problem arises when a social relationship between two employees ends and one of them attempts to resume the relationship over the other's objection.

Sexual

A wide range of behaviors, ranging from the mild to the severe, can be sexual harassment. The test is how severe, frequent, and persistent the behavior is. Physical threats, physical assaults, and physical touches on the breasts, buttocks, legs, and mouth are generally considered to be at the severe end of the spectrum. At the mild end of the spectrum are verbal behavior and visual displays, including unwelcome invitations, proposals, sexual jokes, vulgar comments, excessive and sexually suggestive compliments, sexual e-mails, sexual notes and cartoons, as well as hugs and pats. Verbal behavior and visual displays, even when accompanied by physical behavior, such as gestures and glares, are generally considered to be less severe.

Welcome?

According to the Supreme Court, the question is not whether her conduct was voluntary, but whether the boss's conduct was welcome.

Action-Based roles

Action-Based Roles Responsible Supervisor Active Observer Target Actor This is the right reminology

Active observers

Active observers Finally, there are the coworkers. In the typical sexual harassment scenario, we call them innocent bystanders. They are the ones who talk about what happened, console one side or the other, and send e-mails with the latest news. They often have critical knowledge that can support a fair resolution. Most important, they watch silently, measuring the parties' behavior against their own standards.

Actor

Actor The term, "actor," instead of "harasser" or "accused," is also neutral and nonjudgmental. It refers to the person whose actions are in question. We can more easily assess the behavior if we call that person by a name other than harasser or accused. The actor is neither a good guy nor a bad guy. He or she is the one who acted.

1963 equal pay

Another important law enacted one year earlier, the Equal Pay Act of 1963, prohibits paying men and women different wages for jobs that require equal skill, effort, and responsibility, unless the difference in pay is based on a factor other than sex.

What is Employee to employee SH?

Another type of problem arises when one employee, not necessarily a supervisor, makes comments or engages in other behavior toward another employee that is offensive or disruptive.

Avoid engaging in unwanted sexual behavior toward your subordinates.

Avoid engaging in unwanted sexual behavior toward your subordinates.

Power relationships

Creating healthy work relationships and healthy work environments will require altering well-established power relationships.

Unchecked sexual behavior

Behaviors that have long been out of reach of laws and regulation are suddenly the subject of million-dollar lawsuits. Today, American businesses are reeling from the costs of unchecked sexual behavior in the workplace. Laws prohibiting sexual harassment have received varied reactions.

National fascination began with Clarence Thomas / Anita Hill trial.

Continued later with bill clinton/ Paula Jones /Monica Lewinsky

9 of 10 sexually harassed women suffer from__________

Debilitating stress reactions, including depression, headaches, and other physical symptoms.

Employer will be liable for sexual-harassment by a coworker if the employer knew or should have known of the harassing behavior or if the employer failed to take prompt correct of action.

Employer will be liable for sexual-harassment by a coworker if the employer knew or should have known of the harassing behavior or if the employer failed to take prompt correct of action.

Encourage your subordinates to tell you if you do something offensive or inappropriate.

Encourage your subordinates to tell you if you do something offensive or inappropriate.

Action-Based Roles Like the Greek tragedies, sexual harassment scenarios tend to end badly for one or all of the players.

End badly

Majority women, anyone can be

Even though studies show that the majority of workers who experience sexual harassment on the job are female, men can be sexually harassed. Anyone who works for someone else can be sexually harassed.

Employers responsibilities

First, we will look at the employer's responsibility for the behavior of its supervisors. Supervisors are defined as people who have the authority to make employment decisions directly affecting the employee. Supervisors can sexually harass their subordinates in two ways: • By withholding tangible job benefits from an employee who rejects their unwelcome sexual advances; and • By creating a hostile work environment that includes threatening to withhold tangible job benefits if an employee rejects their unwelcome sexual advances.

What is a Fourth example of SH particularly with other employees?

Groups of workers who resent a particular employee create a fourth type of problem when they act out their hostility or amuse themselves at the resented employee's expense.

Chapter 5

Hostile environment harassment

The second type of sexual harassment, hostile environment harassment,

Hostile environment harassment happens when the actor's unwelcome sexual behavior has one of two kinds of impact. 1. It either interferes with the target's work performance or 2. creates a hostile, offensive, or threatening work environment.

Speak up

How to recognize and deal with a predatory boss Most supervisors do not sexually harass their subordinates, but even the most respectful and sensitive supervisor may engage in unwanted sexual behavior. With supervisors, as with coworkers, more often than not the quickest, cheapest, and most effective way to stop unwanted behavior is to speak up and make a request.

Existing Culture

How we address, respond to, and understand social/sexual relations and sexual harassment in the workplace is affected by the existing culture at work.

Retaliation

If you are concerned that the supervisor may retaliate against you, communicate your concern. Retaliation, a negative employment decision based on the fact that you objected to or reported the behavior, is a separate offense. Report any retaliation.

EEOC (Equal Employment Opportunity Commission)

In 2003, the Equal Employment Opportunity Commission (the federal agency that enforces Title VII) and state and local enforcement agencies received 13,566 sexual harassment complaints, which represents a 15 percent increase over the number of sexual harassment complaints received a decade earlier. Between 40 percent and 50 percent of those who responded to a survey of service and industrial workers said they had experienced sexual harassment, but took no action in response.

Continually changing

In addition, the definition of sexual harassment appears to be continually changing. Every time a court issues a decision on a sexual harassment case, the law of sexual harassment can change.

Now women supervisors can

Ironically, women in positions of supervisory power are able to impose unwanted and offensive behavior on their male and female subordinates just as men in supervisory positions are able to do.

Truth

It is difficult to know who is telling the truth, and the accuser is sometimes both disbelieved and punished for bringing the accusation.

Unwanted sexual behavior

Laws prohibiting sexual harassment define sexual harassment as "unwanted" sexual behavior that affects an employee's experience of the workplace in certain defined ways. When unwanted sexual behavior affects working conditions, it becomes an obstacle to employment based on the employee's sex.

Psychologist impact of having to endure...

Michelle Vinson's case was decided in 1986. It was the first time the Supreme Court recognized that sexual harassment was a violation of Title VII of the Civil Rights Act of 1964. Before 1986, a plaintiff in a sexual harassment case had to show that he or she suffered a measurable economic loss. Vinson's case established the principle that the psychological impact of having to endure unwelcome sexual behavior could constitute hostile environment sexual harassment. A tangible loss of job benefits is not required.

Pay attention, listen

Most of us do not pay attention to what's happening around us: we are not interested in other peoples experience; and we do not listen to what other people say. We pay attention to what we are concerned about. We are interested in our own concerns we hear what we want to hear. Contrary to the opinion of many women, this is not a male condition it is a human condition is also a huge disadvantage in the navigating the great area of sexual harassment.

News, workplace

Most people become aware of sexual harassment from two sources: the news and situations at their workplace.

quid pro quo harassment

Most people understand quid pro quo harassment as sex in direct exchange for employment benefits. In quid pro quo harassment, the supervisor's demand does not have to be direct. It can be implied by touching or suggestive comments. Only a supervisor who has the power to make decisions about the target's employment can engage in quid pro quo harassment.

Complete surprise

Most people who find themselves in situations involving sexual harassment experience it as a complete surprise. One day, they are doing what they do every day. The next day, they wake up into a nightmare.

Resist subordinate-initiated sexual behavior.

Resist subordinate-initiated sexual behavior.

When big kids pretend that little kids are free to say no to them, they are kidding themselves. That's why little kids are in such a hurry to be big kids, so they can protect themselves from the big kids.

Supervisors are big kids

Does and says nothing

Nearly one out of every two people who experience sexual harassment does and says nothing about it because of the fear of being punished, disbelieved, or ignored.

Nine out of every 10

Nine out of every 10 sexually harassed women suffer from debilitating stress reactions, including depression, headaches, and other physical symptoms.

Ninety-five out of every 100

Ninety-five out of every 100 working women have received sexual material, such as letters and phone calls, at work.

If the employer did not know of the harassment or if the behavior was not so severe or pervasive that the employer should have known about it, the employer cannot be held liable for coworkers sexually harassing behavior. Once it is established that the employer had knowledge I should have had knowledge of the harassment, the employer will be liable if it failed to take prompt correct of action.

Once it is established that the employer had knowledge I should have had knowledge of the harassment, the employer will be liable if it failed to take prompt correct of action.

Supervisor

One of every two sexual harassers is the victim's supervisor.

Chapter 1

Part I: The Reality of Sexual Harassment Chapter 1: Power, Sex, and Romance on the Job

Another outcome possibly

People who find themselves confronting possible sexual harassment can take action to create another kind of outcome, one that doesn't have to be tragic. I am not suggesting that it is possible in all instances. Sometimes, people who sexually harass do not respond to training and education, do not care about the effect of their actions on others, and cannot be stopped without harsh discipline. Sometimes people make false accusations and cause damage. Yet these are not the typical case. In nearly every case, it doesn't have to end badly.

SH

Plainly stated, sexual harassment happens when there is unwanted sex-related behavior, plus a particular kind of impact on an employee, specifically: • The employee rejects the unwanted behavior and loses a job offer, a job, or other tangible job benefits; • The employee puts up with the unwanted behavior in order to get a job, to keep a job or to get some other tangible job benefit; or • The intention or the result of the unwanted sexual behavior is that the employee's work performance suffers or the employee experiences the workplace as offensive, intimidating, or hostile.

predatory supervisor, report them

Predatory supervisors are the exceptions. A predatory supervisor is one who withholds or threatens to withhold job benefits when a subordinate rejects or expresses concern about his or her unwelcome sexual behavior. A predatory supervisor is also one who ignores, refuses, or ridicules a request to stop the unwelcome behavior. My friend's supervisor was not predatory toward her because he stopped the behavior. The best way to deal with predatory supervisors is to report them.

Relationships with subordinates are a bad idea

Relationships with subordinates are a bad idea

Responsible supervisor

Responsible supervisor In the sexual harassment scenario, "employer" is a legal term. It refers to the person or the corporation that is responsible for enforcing the law. The employer is also the one who pays the settlement or verdict in a lawsuit. While some employers are individual business owners, most employers are corporations or partnerships. In the real world, someone is responsible for monitoring, investigating, and remedying discrimination in a particular situation. It is someone's job to receive reports of possible sexual harassment, to determine whether someone was sexually harassed, or to take action if unlawful harassment has occurred. We'll call that person the "responsible supervisor."

Rule Number One boils down to listening to other people and complying with their wishes.

Rule Number One, "Leave anyone alone who doesn't want to play,"

Sexual harassment is less about sex than it is about power. Nearly one in every two harassers is the direct supervisor of the person he or she is harassing. Abuses of power by supervisors are the most egregious form of sexual harassment and among the most difficult to address. Supervisors and people who abuse power to get what they want and to dominate others are the minority. This minority is the subject of most sexual harassment lawsuits.

Rule Number Three, "Don't pick on little kids,"

Under sexual harassment law, the impact or effect of behavior is just as important as the purpose of the behavior. coworker say, "I didn't mean anything by it; I was just kidding around." Mean is in the eye of the beholder

Rule Number Two, "Don't be mean,"

Employers liability for sexual-harassment by a coworker

Rules are significantly different when the person who engages in the sexually harassing behavior action as a coworker with no supervisory responsibility

Never goes up , boss has power to stop it

Sexual harassment always goes down the ladder of the organization or across the ladder on the same level. It never goes up the hierarchical ladder. If a subordinate engages in unwanted sexual behavior toward someone in a superior position in the organization, the superior has the power and authority to stop the behavior or to discipline the subordinate.

SH always involves four elements

Sexual harassment always involves four elements. First, there must be an action, such as the actor putting his arms around the target. The action can be physical, verbal, or visual. Second, the action must be unwelcome or unwanted in the target's view. Third, the action must be sexual or sex-related and based on the target's sex or gender. Fourth, there has to be a tangible economic impact on the target or a severely negative impact on the target's work performance or work environment.

Target

Target The term "target," instead of victim, represents the person toward whom behavior is directed. It is neutral, nonjudgmental, and analytical. This will help eliminate the notion of a good guy or a bad guy. The target is the person toward whom the action in question was directed, or the target of the action.

SH

The Court made big news in the world of sexual harassment law by ruling: • Men can harass other men, even if there is no actual sexual interest; • An employer may be held legally and financially responsible when a supervisor sexually harasses an employee, even if the employee never reported the sexual harassment; • Employers can avoid being legally and financially responsible for sexual harassment of their employees by showing they have in place an effective sexual harassment policy, procedure, and training; and • Employers have no defense when an employee loses tangible job benefits as the result of being sexually harassed by a supervisor.

EEOC (Equal Employment Opportunity Commission)

The EEOC also provides guidelines and advice to employers and employees about their rights and responsibilities under Title VII.

EEOC (Equal Employment Opportunity Commission)

The EEOC is the federal agency that investigates employees' complaints of employment discrimination and has the authority to sue employers on behalf of the federal government to correct discriminatory practices that affect individual employees or groups of employees.

$450,000

The average jury award in a sexual harassment lawsuit is $450,000.

hostile work environment

The behavior alters the employee's experience of the workplace, causing the work environment to be a sexually charged, intimidating, or offensive place to be. Hostile environment harassment usually requires sexual behavior that is not only unwanted, but is also repeated relatively frequently over a period of time.

Another supervisors behavior

The critical things to do if an employee brings a concern to you about another supervisor's behavior are to listen, affirm the employer's antiharassment policy, and direct the employee to the person designated to receive complaints under the employer's complaint procedure. The critical things not to do are to be dismissive, patronize the employee, withhold or cover up the employee's complaint, or discourage the employee from making a formal complaint by taking the complaint to the designated person.

Clear policy

The employer must take specific actions. In most situations, the employer must do the following to take care to prevent any sexual harassment: establish a clear policy against sexual harassment, including an accessible complaint procedure; distribute the policy to every employee; explain to employees how to use the complaint procedure; and act promptly to correct any sexual harassment brought to management's attention.

Obligation

The first part of the employer's obligation is to take care to prevent sexually harassing behavior and to correct any sexually harassing behavior that is known. Specific actions have to be tailored to be effective in the particular workplace.

Attempts to regulate

The law of sexual harassment attempts to regulate behavior that many people tend to consider to be beyond the reach of the law.

The targets perception

The legal definition leaves individuals to struggle to determine what is and is not unwelcome sexual behavior. The courts look at the targets reaction

What makes sexual harassment different from romance or harmless social conversation?

The main difference is that romantic behavior is agreeable and pleasing to both people. There is usually a desire to please one another.

Title 7

The major law prohibiting unlawful discrimination in employment is Title VII of the Civil Rights Act of 1964 (commonly referred to as Title VII). Title VII prohibits employers from discriminating against employees, or treating them differently, based on race, color, religion, sex, or national origin. Title VII also covers working conditions and how workers are treated.

adversarial system

The major tool available to address unwanted sexual attention at work is an adversarial system.

Coercive

The nature of the supervisory relationship The nature of the supervisory relationship The nature of the supervisory relationship is coercive. The fears are not always unfounded. Supervisors often resent employees who say no or who complain about their behavior. The common supervisory culture is that subordinates must do what they demand or suffer grave consequences. Supervisor has last word

The need to comply

The need to comply with Title VII and other antidiscrimination laws has caused significant shifts in American workplace practices, priorities, behavior, values, sensibilities, and language.

hostile work environment rules

The rules that govern the employer's responsibility when a supervisor creates a hostile environment are different from the rules that govern the employer's responsibility for a hostile environment created by a coworker.

Two

There are two main points here: 1. In virtually every case, it is unrealistic and dangerous to expect a subordinate to feel free to accept or reject a supervisor's sexual behavior. 2. Someone has to make sure that supervisors, whether they are hopeful, stupid, or predatory, are not taking advantage of employees.

There are two types of sexual harassment:

There are two types of sexual harassment, quid pro quo harassment and hostile environment harassment.

It will also list what the employer can do to prevent sexual harassment by supervisors and how employees can respond to a supervisor's unwelcome behavior.

This chapter will describe the rules that determine when an employer is responsible for a

Employer

To exercise reasonable care to prevent sexually harassing behavior: • Adopt an antiharassment policy. • Create a swift and accessible complaint procedure. • Advise and train supervisors and managers to avoid sexual behavior toward subordinates. • Advise and train managers and supervisors to avoid treating men and women differently. • Distribute the policy and procedure to all employees. • Train all employees in the policy and procedure. • Post the policy and procedures in conspicuous places. • Document that every employee received the policy. • Adopt a complaint procedure that encourages employees to report sexual harassment. • Train employees on the standards in the policy and how to use the complaint procedure. • Train supervisors and managers on their responsibility under the policy. • Train those authorized to receive complaints in receiving, investigating, and evaluating complaints. • Monitor the effectiveness of the complaint procedure. • Make periodic reports to employees about the results of complaints under the procedure.

Tragic Roles Omnipotent God The Chorus Antagonist Protagonist Greek drama New language

Traditional Roles Employer (Innocent Bystanders) Victim Harasser Action-Based Roles Responsible Supervisor Active Observer Target Actor

If the behavior affects the employees job

Under Title VII, social or sexual behavior directed toward an employee because of her or his sex or gender creates discriminatory working conditions if the behavior affects the employee's job.

Zero tolerance policy

Under so-called "zero tolerance" policies, employers impose maximum penalties for all violations of their antifraternization and sexual harassment policies.

And advance is unwelcome when the other person does not welcome the advance.

Unwelcome

This definition means An advance is welcome if the target gives a clear glad acceptance of the attention. If the target says no or tells the actor to stop making intimate references or touching, the tension is unwelcome. Working together requires that each person except and respect every other person's wishes. Become aware of another person's boundaries

Unwelcome

SH

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

Could end SH

We could end sexual harassment quickly and easily if we all applied three simple rules that we all should have learned as children: 1. Leave anyone alone who doesn't want to play. 2. Don't be mean. 3. Don't pick on little kids. These are great rules, but they are not always easy to apply in practice.

Women are afraid they won't be believed if they complain about sexual harassment.

We have all also probably experienced not being believed by the grown-ups when we complained that another kid picked on us.

Some little kids lie about having been picked on.

We have all probably been in trouble at one time or another when someone said we picked on them but we didn't. Men fear being falsely accused of sexually harassing a fellow worker. This can and does happen.

SH

Whether the behavior is severe or mild, if it is persistent or pervasive, it can create a hostile environment.

16 or more

Who is covered? The federal law covers employers with 16 or more employees, employment agencies, and labor unions. It also covers the employer's agents, suppliers, and consultants.

Confused

Yet the law remains difficult to understand, and the rules can be difficult to apply in practice. When survey respondents say they have been sexually harassed, some of them were sexually assaulted, some lost job benefits because they resisted a supervisor's sexual demands, and others received offensive e-mail. With such a broad array of behaviors, workers are confused about what is prohibited and what is allowed.