04/07/ © Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Sexual Harassment: What Is and Isn’t Acceptable: Part I

04/07/ © Business & Legal Reports, Inc. Goals Consider the laws that prohibit sexual harassment in the workplace Recognize the specific forms of harassment Know who can commit sexual harassment Recognize who can experience sexual harassment Understand under what conditions sexual harassment can occur

04/07/ © Business & Legal Reports, Inc. What Is Sexual Harassment? Title VII – Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin – The courts have interpreted discrimination based on sex to include sexual harassment

04/07/ © Business & Legal Reports, Inc. What Is Sexual Harassment? (cont.) – Conduct of a sexual nature in the workplace – Unwelcome sexual advances or requests for sexual favors, or verbal or physical conduct of a sexual nature constitutes sexual harassment

04/07/ © Business & Legal Reports, Inc. Who Can Commit Sexual Harassment? Supervisors Subordinates Co-workers Clients/customers

04/07/ © Business & Legal Reports, Inc. Who Can Commit Sexual Harassment? (cont.) Teachers Students Same-sex

04/07/ © Business & Legal Reports, Inc. Who Can Experience Sexual Harassment? Direct targets of harassment Bystanders/witnesses to harassment

04/07/ © Business & Legal Reports, Inc. How Can Sexual Harassment Occur? Tangible Employment Action Hostile Work Environment

04/07/ © Business & Legal Reports, Inc. How Can Sexual Harassment Occur? (cont.) Tangible Employment Action – Employee suffers a loss (monetary, change in workload or assignment) – Focus on harm to victim – Occurs between a supervisor and employee

04/07/ © Business & Legal Reports, Inc. How Can Sexual Harassment Occur? (cont.) Hostile Work Environment – Severe or pervasive conduct (or both) – Unreasonable interference with job performance – Offensive, intimidating, hostile work environment – Can be created by anyone in the workplace

04/07/ © Business & Legal Reports, Inc. Does a Hostile Work Environment Exist? How frequent is the conduct? How severe? Is the conduct physically threatening or humiliating? Does the conduct unreasonably interfere with an individual’s work performance?

04/07/ © Business & Legal Reports, Inc. Summary Sexual harassment is prohibited by Title VII. Sexual harassment is conduct of a sexual nature in the workplace. Sexual harassment is unwelcome advances or requests for sexual favors, or verbal or physical conduct of a sexual nature. Any employee and customers and clients can commit sexual harassment.

04/07/ © Business & Legal Reports, Inc. Summary (cont.) Any employee can be a target of harassment as well as bystanders and witnesses. Tangible employment action or hostile environment must exist.

04/07/ © Business & Legal Reports, Inc. Quiz 1. Sexual harassment in the workplace includes lewd remarks and sexual calendars. True or False 2. People of the same sex cannot commit sexual harassment.True or False 3. Besides employees who are direct targets, who are the other two groups who may be victims of sexual harassment?

04/07/ © Business & Legal Reports, Inc. Quiz (cont.) 4. A supervisor’s demand for sex from a subordinate in exchange for continued employment is an example of what kind of harassment? 5. A hostile work environment may be intimidating and include sexual jokes. True or False

04/07/ © Business & Legal Reports, Inc. Quiz Answers 1. True. 2. False. The key here is not sexuality, but that the act is sexual in nature. 3. Bystanders or witnesses to sexual harassment. 4. It is an example of tangible employment action. 5. True.