SEXUAL HARRASSMENT CGA New Employee Orientation

Sexual Harassment It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Definition Sexual harassment is a form of sex discrimination which is prohibited by both federal law (Title VII of the Civil Rights Act of 1964) and similar state law (the Florida Civil Rights Act).

In the Workplace Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

In the Workplace The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. The prohibited behavior includes a wide range from mild transgressions to sexual abuse or sexual assault. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome.

Two Types of Harassment Quid pro quo Hostile-Environment

Two Types of Harassment Although “quid pro quo” and “hostile environment” harassment are theoretically distinct claims, the line between the two is not always clear and the two forms of harassment often occur together. For example, an employee’s tangible job conditions are affected when a sexually hostile work environment results in her constructive discharge. Similarly, a supervisor who makes sexual advances toward a subordinate employee may communicate an implicit threat to adversely affect her job status if she does not comply.

Two Types of Harassment “Hostile environment” harassment may acquire characteristics of “quid pro quo” harassment if the offending supervisor abuses his authority over employment decisions to force the victim to endure or participate in the sexual conduct. Sexual harassment may culminate in a retaliatory discharge if a victim tells the harasser or her employer she will no longer submit to the harassment, and is then fired in retaliation for this protest. Under these circumstances it would be appropriate to conclude that both harassment and retaliation in violation of section 704(a) of Title VII have occurred.

Quid Pro Quo “This for that”

Quid Pro Quo A person in power (manager or supervisor) makes employment decisions based on the employee granting or denying sexual favors. Job Promotion Raise Assignments

Examples of Quid Pro Quo Demanding dates. Disciplining or firing a subordinate who ends a romantic relationship. Changing performance expectations after a subordinate refuses dates.

Hostile-Environment

A Hostile Environment is Verbal or nonverbal behavior that is intimidating or offensive and is: Focused on Sexuality/Gender. Unwanted & Unwelcome. Severe/Pervasive. Intent vs. Impact. Reasonable Person Standard.

Hostile Environment Generally less clear-cut than quid pro quo. Let’s look at the 5 factors more closely…

Five Factors Focus on Sexuality/Gender The behavior complained about may focus on another’s sexuality or gender. Can be same-sex or opposite sex.

Five Factors Unwanted / Unwelcome Unwelcome = Employee didn’t solicit or incite conduct and feels behavior is unwanted. Courts look at determining conduct as unwelcome: Did victim communicate conduct was unwelcome? Did victim file a prompt complaint? How did victim participate or react to the behavior? Were there any “mixed signals” from victim?

Five Factors Severe/Pervasive Offensive conduct is continuous, frequent, or repetitive. A pattern, rather than an event. The law is meant to target severe, abusive behavior affecting the workplace.

Five Factors Intent vs. Impact An individual could feel like a "victim" of harassment, even if the harasser did not intend to offend.

Five Factors Reasonable Person Standard Is it sexual harassment? The EEOC looks at whether a reasonable person of the same sex in the victim’s circumstances would be offended. Studies show that men and women view sexual conduct in the workplace differently.

Harassment or Just Inappropriate?

Unlawful Sexual Behavior Unwelcome sexual advances. Requests for sexual favors. Other verbal or physical conduct of a sexual nature.

When… Submission to such behavior is a term of the employee’s employment. Submission to or rejection of such behavior is used as basis for employment decisions. Such behavior interferes with an individual’s work performance or creates a hostile work environment.

Inappropriate Sexual Conduct… Remember, it’s sexual harassment if the conduct is unwelcome and affects the conditions of employment. Inappropriate Conduct: Vulgar or derogatory comments. Sexually suggestive language. Vulgar language. Threats of physical harm. Sexually oriented or suggestive pictures, posters, magazines, etc. Touching someone in a sexually suggestive way.

Inappropriate Sexual Conduct Difficult to define What may be okay for one person is not for another. The context in which the behavior occurs means everything.

The Manager/Supervisor’s Role Maintain a harassment-free, professional work environment How? Use common courtesy. Closely observe others’ reactions. Use common sense. Guidelines Appropriate behavior makes people feel good or neutral. Harassing behavior makes people feel disgusted, embarrassed, angry, scared, and helpless.

Complaint Guidelines Take every complaint seriously. Contact: Supervisor/ Manager Human Resources

Found in your Employee Handbook CGA Policy Found in your Employee Handbook

Do’s Treat men & women equally. Avoid aggressive, hostile and sexual language. Avoid jokes about men vs. women. Avoid stereotypes. Refrain from touching employees.

Don’ts Don’t make references to appearances. Don’t date employees under your supervision. Don’t post or allow others to post suggestive materials.

True or False… A man is accused of sexually harassing a woman. He argues that the woman was dressed provocatively. Because the woman was wearing provocative clothing, his behavior is NOT sexual harassment.

True or False… A man is accused of sexually harassing a woman. He argues that the woman was dressed provocatively. Because the woman was wearing provocative clothing, his behavior is NOT sexual harassment. FALSE

True or False… A man and woman are co-workers and have had an intimate relationship. He stops the relationship. If the woman tries to continue the relationship by giving him presents and calling him at work, that is sexual harassment.

True or False… A man and woman are co-workers and have had an intimate relationship. He stops the relationship. If the woman tries to continue the relationship by giving him presents and calling him at work, that is sexual harassment. TRUE

True or False…. If an employee reports harassment but asks the supervisor “not to do anything yet”, The organization is not liable for the harassment until the employee asks for management to intervene.

True or False…. If an employee reports harassment but asks the supervisor “not to do anything yet”, The organization is not liable for the harassment until the employee asks for management to intervene. FALSE

True or False… Supervisors are responsible for the conduct of both employees and non-employees present in the workplace.

True or False… Supervisors are responsible for the conduct of both employees and non-employees present in the workplace. TRUE

Multiple Choice EEOC guidelines establish that no sexually offensive conduct or behavior is allowed in the workplace. Which of the following is used to determine whether the behavior is unlawful? A. It creates an unreasonable interference with the individual’s work performance. B. It creates an intimidating, hostile, or offensive working environment.

Multiple Choice EEOC guidelines establish that no sexually offensive conduct or behavior is allowed in the workplace. Which of the following is used to determine whether the behavior is unlawful? A. It creates an unreasonable interference with the individual’s work performance. B. It creates an intimidating, hostile, or offensive working environment. BOTH A & B

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