UNLAWFUL WORKPLACE HARASSMENT ASPIRE Cindy Edwards Human Resources, Employee Relations Ext

University’s Obligation To ensure that all employees and supervisors are aware that unlawful workplace harassment is prohibited To ensure that all employees and supervisors are aware that unlawful workplace harassment is prohibited To provide a means to allow alleged victims to allow their complaints to be heard; To provide a means to allow alleged victims to allow their complaints to be heard; To take prompt, remedial and corrective action; and To take prompt, remedial and corrective action; and Reinforce “Zero Tolerance” Reinforce “Zero Tolerance”

Facts About Sexual Harassment Form of Sex Discrimination Form of Sex Discrimination Violates Title VII of the Civil Rights act of 1964 Violates Title VII of the Civil Rights act of 1964 Anyone can be a harasser or a victim Anyone can be a harasser or a victim The victim does not have to be the person harassed The victim does not have to be the person harassed The harasser’s conduct must be UNWELCOME The harasser’s conduct must be UNWELCOME

EEOC’s Definition of Sexual Harassment Unwelcome sexual advances and conduct, whether explicit or implied, physical or verbal, that are used as conditions of employment. Unwelcome sexual advances and conduct, whether explicit or implied, physical or verbal, that are used as conditions of employment.

Examples of Verbal Conduct Remarks about Physical Characteristics Remarks about Physical Characteristics Remarks about appearance or attractiveness Remarks about appearance or attractiveness Sexual Jokes Sexual Jokes Propositions Propositions Sexual Innuendos and comments Sexual Innuendos and comments Remarks about sexual activity Remarks about sexual activity

Examples of Nonverbal Conduct Suggestive or insulting noises Suggestive or insulting noises Leering Leering Whistling Whistling Gazing Gazing Sneering Sneering Making Obscene Gestures Making Obscene Gestures Exposing Oneself Exposing Oneself

Examples of Physical Conduct Touching (any part of the body – especially in a suggestive way Touching (any part of the body – especially in a suggestive way Hand holding or kissing Hand holding or kissing Pinching/Grabbing Pinching/Grabbing Shoulder Massages Shoulder Massages Brushing up against another person Brushing up against another person Coerced sexual intercourse Coerced sexual intercourse

Examples of Conduct/Behavior of a Sexual Nature Love notes or letters Love notes or letters Suggestive comments on memos (including mail) Suggestive comments on memos (including mail) Unwanted gifts Unwanted gifts Graffiti Graffiti Explicit Pictures Explicit Pictures Sex Toys/Games Sex Toys/Games

Types of Sexual Harassment QUID PRO QUO QUID PRO QUO HOSTILE WORK ENVIRONMENT HOSTILE WORK ENVIRONMENT THIRD PARTY HARASSMENT THIRD PARTY HARASSMENT RETALIATION RETALIATION

QUID PRO QUO “This for that” “This for that” Conditioning employment benefits based on providing sexual favors Conditioning employment benefits based on providing sexual favors May apply to anyone in position of authority or “perceived” position of authority May apply to anyone in position of authority or “perceived” position of authority

Hostile Work Environment One that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. One that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Does not need to involve loss of economic benefits Does not need to involve loss of economic benefits

Hostile Work Environment Frequency of allegedly harassing conduct Frequency of allegedly harassing conduct Severity of conduct Severity of conduct Physically threatening or humiliating Physically threatening or humiliating Has it interfered with an employee’s work performance Has it interfered with an employee’s work performance

Intent vs. Impact Attention or Purpose Attention or Purpose “I did not mean anything by it” or “He/She took it the wrong way” Note: A person’s good intent is not relevant

Impact A forceful consequence; influencing strongly; to have a effect upon. A forceful consequence; influencing strongly; to have a effect upon. “,but what I heard was…” “,but how I felt when you said…” “,but how I felt when you said…” Note: The impact of behavior of a sexual nature is more important than the person’s intent

Third Party Harassment A party of parties are not sexually harassed directly, but indirectly suffer the consequences of sexual harassment A party of parties are not sexually harassed directly, but indirectly suffer the consequences of sexual harassment Example: May be denied benefits in favor of those who participate in exchanging sexual relations for job benefits Example: May be denied benefits in favor of those who participate in exchanging sexual relations for job benefits

Retaliation Adverse treatment which occurs because of opposition to unlawful workplace harassment Adverse treatment which occurs because of opposition to unlawful workplace harassment Example: Harder workload, denial of benefits/time off, unfair treatment, etc.) Example: Harder workload, denial of benefits/time off, unfair treatment, etc.)

Unlawful Workplace Harassment This policy seeks to encourage employees to express their opinion about any problem or complaint of unlawful workplace harassment freely, responsibly, and in an orderly way. This policy seeks to encourage employees to express their opinion about any problem or complaint of unlawful workplace harassment freely, responsibly, and in an orderly way. Formal process deadline: 30 calendar days to file written grievance Formal process deadline: 30 calendar days to file written grievance Can file with State Personnel Commission Can file with State Personnel Commission Can also file with EEOC (Title VII) Can also file with EEOC (Title VII)

Reporting Mechanisms Manager Manager Employee Relations Manager Employee Relations Manager Sexual Harassment Prevention Advisors Sexual Harassment Prevention Advisors Employee Assistance Program Employee Assistance Program Other: Counseling Center Other: Counseling Center

What Can You Do? Know the policy and share it with your employees Know the policy and share it with your employees Demonstrate appropriate behavior/conduct Demonstrate appropriate behavior/conduct Address issues/complaints as they arise Address issues/complaints as they arise Know your resources for responding to complaints (Prevention Advisors or Employee Relations Manager) Know your resources for responding to complaints (Prevention Advisors or Employee Relations Manager)

What can you do? Learn how to document the facts – WHAT? WHEN? WHERE? WHO? HOW? STOP? WHY? Learn how to document the facts – WHAT? WHEN? WHERE? WHO? HOW? STOP? WHY? Employee Relations Manager is always available to provide assistance Employee Relations Manager is always available to provide assistance

What can you do? Empower people – It’s ok to tell someone their attention or conduct is offensive or unwelcome Empower people – It’s ok to tell someone their attention or conduct is offensive or unwelcome Ask person to stop – make them aware of how their actions are perceived Ask person to stop – make them aware of how their actions are perceived

RESPECT Would you want this to happen to your son/daughter or a loved one? Would you want this to happen to your son/daughter or a loved one?

No Tolerance Policy