1 Sexual Harassment in the Workplace Doris Peterson, Davis High Adapted from Joann Keyton, Ph.D. Dept. of Communication Studies University of Kansas © Joann Keyton 2003

2 Overview 1. What is sexual harassment? 2. How do I recognize it? 3. Why do people harass others? 4. What are the outcomes of harassment? 5. If you’re harassed, how can you deal with it? 6. Why is so little harassment reported?

3 Sexual Harassment is Illegal Title VII of the Civil Rights Act –Discrimination in employment based on sex is against the law Title IX –Prohibits sexual discrimination by institutions that receive any federal funding

4 Defining Sexual Harassment Is not easy!!

5 It’s sexual harassment if the behavior is...  unwanted or unwelcome.  sexual or relates to the sex or gender of the harassed person.  Occurs in the context of a relationship where one person has formal or informal power over the other.

6 Two Types of Sexual Harassment Hostile Environment Quid pro quo

7 This for that Retaliates for refusal Explicit Implicit

8 Hostile Environment Frequently takes subtle forms. Behavior that has the purpose or effect of unreasonably interfering with performance. Intimidating, hostile or abusive work or school environment.

9 Recognizing Sexual Harassment It can be in the form of Verbal Non-verbal Or Physical

10 Must be sexual in nature or gender based Need not be intended to result in sexual gratification Often intended to insult, deride, or degrade How can you recognize it?

11 Occurs in the context of power imbalance –Teacher/student –Boss/employee –Supervisor/colleague Sexual Harassment is more to do with power and less to do with sex –student/student more subtle –Group acceptance/popular classmate How can you recognize it?

12 How can you recognize it? Unwanted If the behavior is unwelcome it may be sexual harassment. –Victim may openly object –Victim may be afraid to indicate behavior is unwanted

13 What one person sees as –Flattering, funny or friendly Another person sees as –Intimidating, hostile, offensive, demeaning, inappropriate. How can you recognize it? Unwanted

14 Single occurrence of severe sexual behaviors Less serious may require repeated behaviors –The more serious the behavior, the fewer times it need be repeated before it rises to the level of harassment. How can you recognize it? Behavior rising to the level of harassment

15 Examples of Sexual Harassment Threats or bribes for unwanted sexual activity Sexist or stereotype comments about a gender Displaying pictures calendars, cartoons of a sexual nature

16 The Test Would be offensive to a “reasonable person” –NOT Whether the offender “intended” the conduct to offend.

17 In making a sexual harassment determination... Focuses on effect, not intent –the intent of one's behavior is largely irrelevant Doesn’t matter if it’s deliberate or unconscious Based on the perceptions of the receiver of harassment

18 A legal finding of sexual harassment is based on... the record as a whole the totality of the circumstances made from the facts, on a case by case basis

19 The Effects of Sexual Harassment humiliation offense emotional distress physical symptoms poor job performance decrease in unit/team cohesiveness poor work and organizational attitude unpleasant working environment

20 What happens when someone is harassed? Employees –Can deal with the harassment themselves –Report it to their organization –Report it to the EEOC Harassers –? –Sued by employee Organizations –Investigation –Sued by employee

21 How can you deal with harassment? Tell me, Mrs. Peterson, your Teacher Tell your Supervisor at your internship Contact Human Resources Call the Antidiscrimination Office of the Utah Labor Commission Document the Occurrences

22 What if you’re harassed? 1. Use "I" messages. 2. Speak of the behavior rather than labeling the person. 3. State how you felt when subjected to the behavior. 4. Tell the harasser not to repeat the behavior. 5. Let the harasser know what you will do next if the behavior continues.

23 Why is harassment not reported? Employees afraid of not being believed Reporting can make the situation worse Employees feel humiliated by what has happened

24 My Responsibilities in the Workplace

25 Making Distinctions About Behavior Is the behavior –Appropriate? –Inappropriate? –Unclear or ambiguous?

26 Are you offending someone else? Have you made the person –Physically uncomfortable –Psychologically uncomfortable –Emotionally uncomfortable

27 Keeping the Workplace Free of Sexual Harassment Draw the line between inappropriate and appropriate workplace behaviors Create a work climate that is –Friendly –Polite –Respectful

28 For further assistance, you can contact: Utah Anti Discrimination Division of the Utah Labor Commission at )801) US Department of Labor at (801)