Increasing Awareness

Introduction This training will cover sexual harassment, and harassment. 2

What you will learn: The laws that govern sexual harassment and harassment What sexual harassment is Causes of sexual harassment Types of sexual harassment Personal responsibility and accountability Retaliation

The laws that govern: » Civil Rights Act of 1964 » Equal Employment Opportunity Commission rules in 1986 (EEOC) » Court decisions in 1986 » Provisions added to Civil Rights Act in

Defining sexual harassment 4

» Quid pro quo Submission to sexually harassing conduct as a term of condition for employment Submission to or rejection of such conduct as used as the basis for employment decision If you do something for me, I’ll do something for you » Hostile environment the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive 7

» Quid pro quo Results in economic loss to employee Behavior does not have to be explicit Sexual favoritism. con’t. 9

» Hostile environment Intimidating, hostile or offensive environment Not free from discriminatory intimidation, ridicule or insult Employer or employees created or condoned it 10

Sexual harassment and harassment is about power. Sexual harassment has been and is used as a tool to perpetuate the subordination of women and men. It is, in most cases, a means by which men assert power over women through the threat of or acts of violence, the perpetuation of gender stereotypes, and economic control. “Sexual harassment is inextricably linked with power and takes place in societies which often treat women as sex objects and second class citizens.” Source: Martha Langelan, Back Off! How To Confront And Stop Sexual Harassment and Harassers (July 1993). Catherine MacKinnon, an early scholar on sexual harassment, explained in 1979: at its most basic level, sexual harassment is the “unwanted imposition of sexual requirements in a relationship of unequal power.” Perpetrators leverage the power they have based on their gender or sexual status to gain or maintain power in the workplace (or school). Source: Catherine A. MacKinnon, The Sexual Harassment of Working Women, 9-10 (1979).

Dealing with sexual harassment 11

» May affect Numerous employees » May occur on a single occasion or numerous occasions » Verbal and/or physical » May be perpetuated by supervisor co-worker, customer, student, or vendor Con’t. 12

» Unwelcome – employee did not solicit or incite, and the employee regards as undesirable or offensive » Sexism and sex discrimination con’t. 14

» Behaviors that constitute sexual harassment Sexual remarks Suggestive looks Kissing sounds Deliberate touching con’t. 15

» Behaviors that constitute sexual harassment: Pressure for dates Pressure for sexual favors Actual or attempted rape or assault con’t. 16

» Behaviors that constitute sexual harassment: Promise of a raise for sexual favors Cartoons or posters of a sexual nature Vulgar or lewd conduct 17

The Wisconsin Department of Workforce Development (DWD) has a work-sharing agreement with the U.S. Equal Employment Opportunity Commission (EEOC) for complaints alleging discrimination on the basis of: age race creed color sex national origin, or disability They will handle the complaint if it is filed with DWD first, as they have jurisdiction. They will also co-file the complaint with the EEOC if it meets the criteria for filing under federal law.

» Title VII of the Civil Rights Act » Act established the EEOC » Prevent any person from engaging in unlawful employment practice such as sexual harassment 18

Western’s complaint policy and procedure, can be found on pages17 – 20 of the Employee Handbook. The link to the Complaint Process Resolution Form is on page 20 of Western’s Employee Handbook.

» Individual can file a claim with the EEOC » EEOC investigates » EEOC makes determination con’t. 19

» Claim filed with EEOC within 180 days of last harassment incident, or 300 days if state law covers the conduct (most do) » EEOC conducts investigation » EEOC determines settlement con’t. 20

» EEOC investigation may take over a year » Federal court cases may take several years » Remedies Attorney fees Reinstatement of promotion Compensatory and punitive damages Pay for lost wages and benefits Injunctive relief 21

» Claim taken to those in charge of investigation » Investigation should be thorough » Meeting between person in charge and complainant » Witnesses contacted and interviewed con’t. 23

» Supervisors: Document incidents Take steps to stop harassment 24

» Remedial measures Should stop harassment Correct/stop affect on employee Ensure that harassment does not recur Should not adversely affect complainant (no retaliation) 25

» Remedial measures may include Oral or written warning or reprimand Training or counseling for harasser Monitoring harasser to ensure harassment stops Transfer or demotion Con’t. 26

» Other remedial measures include: ˃ Reduction of wages ˃ Suspension ˃ Discharge 27

» Victim may need action to restore sense of safe and secure workplace Restoration of leave taken because of harassment Removal of negative evaluations Reinstatement con’t. 28

» Additional actions would be: Apology by harasser Monitoring treatment of employee to ensure no retaliation Correction of any other harm caused con’t. 29

» Corrective action should reflect severity of conduct » Follow-up to ensure harassment has not resumed » Make sure victim has not suffered retaliation Retaliation & Work Situations » The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. ( con’t. 30

» Management required to correct harassment regardless of whether employee files an internal complaint » Courts look at how employer addresses issue con’t. 31

» If supervisor or manager is aware of occurrence and does nothing, courts may determine that Title VII was violated because conduct was condoned » Employer may be held liable for supervisor’s lack of response » Employer responsible for supervisors’ acts 32

» Say no » Write a letter » Document con’t. 33

» Keep work records » Look for witnesses » Use company procedures » File a complaint 34

» Take action to curb offensive conduct » Be reasonable » Don’t disregard offensive behavior and hope it stops » Ask harasser to stop » Do not feel at risk of retaliation, remember, the law forbids retaliation when it comes to any aspect of employment 35

Preventing sexual harassment 36

Employers take necessary steps to prevent harassment Raise the subject Express strong disapproval Develop appropriate sanctions Inform employees of their rights Develop methods to sensitize all con’t. 37

» Sexual harassment not tolerated » Harassment is illegal » Have an effective policy con’t. 39

» Effective policy should include Policy statement Definition of sexual harassment Non-retaliation policy » Policy must be enforced Please review: Western Employee Handbook: Anti-Harassment Policy pg. 13 con’t. 40

» Training Video Pamphlet In-class » Courts may require evidence of training » Training for new employees and for all when laws change 42

Prohibited behaviors: Sexual Harassment Sexual Assault Sexual Misconduct Expected behaviors: Follow and promote workplace policies, procedures and legal requirements Immediately report any incident that gives pause or concern to believe there may be a problem (pro-active action) Participate in creating and maintaining a safe environment for students and staff Observe and practice all safety standards

» Definition of sexual harassment » How to deal with sexual harassment » How to prevent sexual harassment » No fear of retaliation 44

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