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 individual’s employment, unreasonably interferes with an individual’s 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 victim’s 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 harasser’s 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 individual’s submission to or rejections of unwelcome sexual conduct.  is used as a basis for decisions affecting the individual.  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. 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 individual’s 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 employer’s 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

 Discharge  Training or Counseling of the harasser to ensure that she/he understands why his/her conduct violated the employer’s anti- harassment policy  Monitoring of the harasser to ensure that the harassment stops STOP THE HARASSMENT ENSURE THAT IT DOES NOT RECUR

PREVENTION SEXUAL HARASSMENT IS NOT YOUR FAULT. SEXUAL HARASSMENT IN NOT ABOUT SEX. It is about... POWER!

S T E P S T O T A K E  Say No Clearly  Document the Harassment  Contact Counselor  Contact EEO Counselor

SUMMARY  Includes any action of a clear or potentially sexually-motivated 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 PART 401

Sexual Harassment Test