Awareness and Prevention 1

a few reminders: Navigate through the presentation by using the arrows located in the lower left corner or use the enter or arrow keys. If you need to stop in the middle of the presentation, you will need to end the presentation. When you are ready to start again, you will have to start at the beginning of the presentation. Upon completion of the presentation, you must complete the electronic confirmation page in order to receive credit. The last page of the presentation has a link to the confirmation page. 2

PRE-TRAINING QUESTIONS AND ANSWERS TRUE OR FALSE Answer the following questions to test your knowledge before the presentation begins. 3

Sexual Harassment in the workplace is a form of workplace discrimination. Sexual harassment is illegal discrimination that creates an unpleasant, disrespectful, unfair work environment Question/Answer #1 4

Sexual Harassment is a violation of state and federal laws. Sexual harassment is a violation of state law (PHRA) and federal law (Title VII). Question/Answer #2 5

The PTC has a policy prohibiting sexual harassment that includes procedures on how to report harassment. Question/Answer #3 6

The PTC’s policy on sexual harassment is found in Policy Letter 3.3: SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION This policy is available online. Question/Answer #4 7

Any PTC employee, including but not limited to a manager, supervisor, or department head, who acts in violation of this policy shall be subject to discipline up to and including suspension or termination. Question/Answer #5 8

If your intentions are good, your behavior cannot be considered sexual harassment. Question/Answer #6 A harasser’s intent is irrelevant. Remember, it is the impact of the behavior that is important. 9

If everyone else is okay with a co-worker’s behavior, you should just accept it, even if it offends you. Question/Answer #7 You have the right to object to behavior no matter how many other co-workers find the behavior acceptable. 10

Asking a co-worker for a date is not sexual harassment. Question/Answer #8 Asking a co-worker for a date is not sexual harassment. However, if you repeat the behavior after being told that your attention is unwanted, it could be considered or become sexual harassment. 11

If you ignore sexual harassment, it will ultimately stop or go away. Question/Answer #9 Sexual harassment must be dealt with immediately. 12

It is not important to tell someone to stop unwanted behavior because it usually doesn’t do any good. Question/Answer #10 Telling someone that his/her behavior is unwanted or offensive is an important first step in stopping sexual harassment. It puts the person on notice and gives him/her the opportunity to change. 13

Horseplay cannot be considered sexual harassment. Question/Answer #11 The best way to make sure you don’t offend anyone is to keep all activities on a professional level, free of sexual content. Stick to business! 14

All employees share responsibility for ensuring that the workplace is free from all forms of sexual harassment. Question/Answer #12 All employees share equal responsibility in ensuring a professional and comfortable workplace. 15

Men, as well as women, may be either the perpetrators or victims of sexual harassment. Question/Answer #13 Sexual harassment on the job is not about sex; it is about unwanted abusive behavior. Women, as well as men, participate in discriminatory behavior. What’s more, men can sexually harass other men and women can sexually harass other women at work by subjecting them to constant sexual banter or challenging their masculinity/femininity. 16

Sexual harassment may include actions by members of the opposite sex, as well as members of the employee’s own sex. Question/Answer #14 17

Sexual harassment is only prohibited if it occurs in the workplace during working hours. Question/Answer #15 Sexual harassment will not be tolerated in the workplace or in work-related settings, no matter the time or place it occurs. 18

Sexual harassment complaints must be in writing before an investigation will be initiated. Question/Answer #16 All allegations will be investigated in a prompt and confidential manner. The PTC will use its best efforts to prevent discussion of the information outside the investigation and will instruct parties involved in the investigation not to discuss the matter. 19

PTC policy prohibits any form of retaliation against an employee who complains of sexual harassment or who cooperates in the complaint investigation. Question/Answer #17 All employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation. 20

Now that you’ve completed the questions, please continue with the presentation to learn more about how Sexual Harassment is defined and how to help prevent it at work. Next Steps…. 21

A quick cartoon before we get to business… 22

to define sexual harassment. to identify the types of sexual harassment. to identify behaviors that may be interpreted as sexual harassment in the workplace. to report sexual harassment pursuant to PTC policy. to identify strategies to prevent sexual harassment. 23

Title VII of the Civil Rights Act The Pennsylvania Human Relations Act The PTC Policy Letter 2.2 (Equal Opportunity) The PTC Policy Letter 3.3 (Sexual Harassment and Sexual Discrimination) Sexual harassment is a form of sex discrimination and is prohibited by: 24

Sexual advances Requests for sexual favors Verbal, visual or physical conduct of a sexual nature Sexual harassment is unwelcome: Where submission to or rejection of such conduct: Is either explicitly or implicitly a term or condition of an individual’s employment. Is used as a basis for employment decisions affecting that individual. Has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive environment. 25

Harassment by a female supervisor of a male subordinate. Harassment by a supervisor of the same sex as the subordinate. Harassment of employees such as clients, contractors, vendors, etc. Harassment based on a supervisor’s consensual relationship with another employee. The definition of sexual harassment now includes: 26

The victim defines what is desirable or offensive. Harassment victims should always clearly tell harassers that the behavior is unacceptable. If that doesn’t stop the harassment, the victim should report it according to PTC policies and procedures. If the harassment victim is uncomfortable confronting the harasser, the victim should report the harassment to his or her immediate supervisor, unless the harasser is the supervisor. If the harasser is the supervisor, report the harassment to the harasser’s supervisor or to Human Resources. It is illegal for employers to retaliate against employees who make sexual harassment claims or cooperate with such charges or lawsuits. Sexual Harassment is defined by the behavior’s result, not the intent. 27

Harassment is generally defined by how the behavior is received. Harassment is unwanted, unwelcome behavior of a sexual nature. 28

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One highly offensive incident. A series of smaller incidents. Physical: unwanted touching, kissing, rape. Verbal: sexual threats, teasing, jokes, comments, requests for sexual favors, personal questions. Nonverbal: lewd gestures, leering, circulating sexual printed materials. There are many forms of Sexual Harassment Harassers or victims may be of the same sex or of the opposite sex. ranging from… 30

Non-Verbal Harassment Written Unwelcome suggestive, sexually explicit or obscene letters, notes, mails or invitations. Visual Sexually oriented gestures, display of sexually suggestive or derogatory objects, pictures, cartoons, posters or drawings. Looking a person up and down (“elevator eyes”). Physical Impeding or blocking movements, touching, patting, pinching, or any other unnecessary or unwanted physical contact. Touching an employee’s hair, clothing or body. Brushing up against a person. 31

Verbal Derogatory, sexually explicit, or offensive comments, epithets, slurs or jokes. Inappropriate comments about an individual’s body or sexual activities. Repeated unwelcome propositions or sexual flirtations. Direct or subtle pressure or repeated unwelcome requests for dates or sexual activities. Harassment 32

Types of Sexual Harassment Quid Pro Quo (This for that.) Promises a reward (job, promotion, raise) in exchange for sexual favors. Threatens a penalty (firing, bad review) if sexual advances are rejected This definition applies even if the threat or promise isn’t carried out and the victim doesn’t file a complaint 33

Hostile Work Environment Sexual behavior, comments or actions that unreasonably interfere with work or create an intimidating hostile or offensive work environment. Generally a single isolated incident is not enough to create a hostile work environment. However, a single, unusually severe incident of harassment, may create a hostile work environment, particularly when it is physical. The United States Supreme Court has stated that Title VII does not prohibit all verbal or physical harassment in the workplace. The Civil Rights Act only forbids “behavior so objectively offensive as to alter the conditions of the victim’s employment.” Simple teasing, off-hand comments and isolated incidents (unless extremely serious) will not rise to the level of altering the terms and conditions of employment. Applies to both sexes as victims and harassers and to opposite and same sex harassment. Types of Sexual Harassment cont. 34

Examples of Harassment that can create a hostile work environment: A group of employees make a point to tell sexual jokes to an employee who has clearly stated that such jokes are offensive. One employee continually leering at another employee and making comments about that person’s body. 35

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Procedures to Report Sexual Harassment The employee(s) involved. The time, date, and place of the incident(s). The nature of the alleged harassment or discrimination. The identity of any witness(es). Any employee who feels that he or she has been sexually harassed or discriminated against is encouraged to do the following: Step #1 Keep a record of: 37

An employee may also report the problem directly to the Human Resources Department (Training and EEO/ADA). Procedures to Report Sexual Harassment Immediately bring the problem to the attention of your direct supervisor, unless the supervisor is the harasser. Step #2 38

After a Sexual Harassment complaint has been filed: Supervisory personnel will take all steps necessary to immediately address any alleged sexually harassing or discriminatory behavior by any of their subordinates. All complaints will be investigated in a timely and confidential manner. Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witness(es). All employees shall be guaranteed a fair and impartial investigation. In no event will information concerning a complaint be released to a third party. The PTC will use its best efforts to prevent discussion of the information outside the investigation and will instruct parties involved not to discuss the matter. 39

Results If the investigation reveals that the complaint is valid, the Commission will address the policy violation in a timely manner and take appropriate disciplinary action necessary to prevent a recurrence, up to and including suspension or termination. 40

Alternative Actions If the employee who complains of sexual harassment or discrimination is dissatisfied with the response from his or her immediate supervisor, or if that supervisor is perceived to be involved in the sexually harassing or discriminatory behavior, the employee should bring the matter to the attention of the person who is next in line in the chain of command. Or, contact Human Resources Training and EEO/ADA which will promptly investigate the complaint. 41

Complaints may be filed at: The Pennsylvania Turnpike Commission Human Resources Training and EEO/ADA P.O. Box Harrisburg, PA (717) , x

The PTC Policy Letter Manual Equal Opportunity 2.2 Sexual Harassment and Sexual Discrimination 3.3 The Equal Employment Opportunity Commission (Sexual Harassment) The PA Human Relations Commission (Sexual Harassment) 43

Final Thoughts: And remember… if you Then you’ll do your part in helping to 44

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