1. Sexual Harass
ME NOT!

2. Learning Objectives
Identify liability and legal foundations for harassment prevention
Recognize terms and concepts
Recognize types of harassment & discrimination
Understand your rights and responsibilities
Understand the complaint procedure
Understand the investigative process

3. Under Title VII of the Civil Rights Act There are two types of recognized sexual harassment:
Quid Pro Quo
2) Hostile Work Environment
U.S. Equal Employment Opportunity Commission (EEOC)

4. Quid Pro Quo
“Something for something”
Harasser has position of power or authority over the person being harassed
Refusal to submit will tangibly affect the individual’s term or
conditions of employment
I will
promote
you if…

5. Examples of Threats Getting fired Getting a bad evaluation
Not getting a raise or promotion
Being excluded from a group
Not getting a preferred work schedule
Reduced work hours
Examples of Threats

6. Examples of Rewards Getting hired Getting a promotion
Getting a raise or other special treatment
Getting a preferred work schedule
Being included as part of a group
Getting a better grade or review on a evaluation
Examples of Rewards

7. Hostile Work Environment
Hostile work environment harassment is grounds for legal action when the conduct is unwelcome, based on sex, race, color, religion, national origin, age, disability, protect activity, pregnancy and severe or pervasive enough to create an abusive or offensive working environment.

8. Elements which may be analyze or determined as a hostile work environment or form of harassment:
Is the conduct verbal, physical, or both;
Frequency of the conduct;
Was the conduct hostile or patently offensive;
Was the alleged harasser a co-worker or supervisor;
Whether others joined in perpetrating the harassment;
Whether the harassment was directed at more than one individual or singled out the victim.

9. The law prohibits employment discrimination based on:
Title VII, 1964 Civil Rights Act
Race
Color
Religion
Sex
National Origin
Age Discrimination In Employment Act of 1967
Age
Disabilities

10. The law prohibits employment discrimination based on:
Civil Right Act of 1991
Granted litigants broader remedies and privileges through litigation:
Right to jury trial
Punitive & compensatory damages
Pregnancy Discrimination Act of 1978
Amendment to Civil Rights Act
Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions

11. The law prohibits employment discrimination based on:
Civil Right Act of 1972 Amendment Sexual Harassment is:
Form of sex discrimination
Violation of federal law
Americans with Disabilities Act
Prohibits discrimination on the basis of disability in
all employment practices
Employer must make accommodation to known
disability of qualified applicant or employee unless
it imposes undue hardship

12. June 1999 New EEOC Guidance
Employer liable for harassment by supervisors based on:
Sex
Race
Color
Religion
National Origin
Age
Disability
Pregnancy
Protected Activity
Equal Pay/Compensation

13. firing, pay, job assignments, promotions,
Sex Discrimination
Discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation. 
The law forbids discrimination 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.
jkyt!!

14. Race/Color Discrimination
Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.
Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.

15. Religion
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
Religious discrimination can also involve
treating someone differently because that
person is married to (or associated with)
an individual of a particular religion.

16. National Origin
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
National origin discrimination also can
involve treating people unfavorably
because they are married to
(or associated with) a person of a
certain national origin.

17. Age Discrimination
Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although
some states do have laws that
protect younger workers from
age discrimination.

18. Disability Discrimination
Disability discrimination occurs when an employer covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because he/she has a disability.
Disability discrimination also occurs when a covered employer treats an applicant or employee
less favorably because she has a history of
a disability (such as cancer that is controlled
or in remission) or because she is believed to
have a physical or mental impairment, etc.

19. Disability Discrimination (Continue)
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

20. Pregnancy Discrimination
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to
pregnant employees if it does so for
other temporarily disabled employees.

21. Protective Activity
The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.  Asserting these EEO rights is called "protected activity," and it can take many forms.  
For example, it is unlawful to retaliate against applicants or employees for:
filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
communicating with a supervisor or manager about
employment discrimination, including harassment
answering questions during an employer
investigation of alleged harassment

22. Protective Activity (Continue)
For example, it is unlawful to retaliate against applicants or employees for:
refusing to follow orders that would result in discrimination
resisting sexual advances, or intervening to protect others
requesting accommodation of a disability or for a religious practice
asking managers or co-workers about salary information to uncover potentially discriminatory wages.
Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate or illegal.
Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons.

23. Protective Activity (Continue)
However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination.
For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to:
reprimand the employee or give a performance evaluation that is lower than it should be;
transfer the employee to a less desirable position;
engage in verbal or physical abuse;
spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or
make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities).

24. Equal Pay/Compensation Discrimination
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel
expenses, and benefits. If there is an inequality
in wages between men and women, employers
may not reduce the wages of either sex to
equalize their pay.

25. Apply to Discrimination of all categories & Work Situations
The law forbids discrimination 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.
It is illegal to harass a person because of his/her sex, race, color, religion, national origin, age disability, pregnancy, protective activity.

26. Apply to Discrimination of all categories & Work Situations
Harassment can include, for example, offensive remarks about a person's beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

27. Supreme Court Cases which set Precedent in making laws for discrimination:
June Supreme Court Cases:
Burlington Industries, Inc. v. Ellerth
Faragher v. City of Boca Raton
Both addressed sexual harassment, but also drew upon standards set forth in cases involving harassment on other protected bases

28. Terms and Concepts address in the Supreme Court:
Protected Classes
Illegal Discrimination
Retaliation
Unlawful Harassment
Tangible Employment Action
Hostile Work Environment
Gender Bias
Sexual Harassment

29. Types of Harassment / Discrimination
Sex
Race
Color
Religion
National Origin
Age
Disability
Pregnancy
Protected Activity
Equal Pay/Compensation

30. EEOC Guidelines Sexual Harassment is defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

31. EEOC Guidelines Hostile Work Environment is defined as:
Such conduct unreasonably, interferes with an individual’s work or academic performance or creates and intimidating, hostile, or offensive working or educational environment.

32. Examples of Sexual Harassment
Direct or indirect threats or bribes for unwanted sexual activity
Sexual innuendoes and comments
Sexually suggestive sounds or gestures such as sucking noises, winks or pelvic thrusts
Repeatedly asking a person out for dates
A neck / shoulder massage
Ogling or leering, staring at a woman’s breasts or a man’s derriere
Rating a person’s looks or sexuality

33. Examples of Sexual Harassment (cont.)
Name-calling, such as “babe”
Sexual ridicule
Frequent jokes about sex or males/females
Letters, notes, telephone calls or material of a sexual nature
Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content

34. Do’s
Be assertive
Provide a clear and emphatic objection every time the unwelcome conduct happens “Don’t Do That!”
Keep documentation
If you choose, confront the harasser
Continue to report to work
Make an official complain if the behavior does not stop !!!

35. Don'ts Don’t attempt to retaliate Don’t be a Friend
Don’t make yourself guilty of insubordination
Don’t socially or emotionally isolate yourself

36. Intent vs. Impact

37. Intent vs. Impact Is my intent the same as the impact?
Is my behavior welcome?

38. Employee Responsibilities
Right to be free from harassing behavior
Responsibility to complain about harassing behavior

39. Supervisor Responsibilities
Let your employees know you take this issue seriously & the institution will respond promptly
Take a proactive stance in preventing unlawful harassment
Take appropriate action in a timely manner, don’t delay
Document. Write a detailed summary of the complaint
Follow up on the complaint. Check with the complainant the next day to ensure he or she is getting needed assistance

40. Dangerous Words It’s just teasing – no big deal
When responding to a complaint, be careful that these words don’t come out of your mouth
It’s just teasing – no big deal
The people in our school would never do …
I know he/she didn’t mean anything like that
It’s your fault for dressing so provocatively
You need to learn to handle these things
Just ignore it
He puts his arms around everyone
You must have wanted it, otherwise you would have told I'm no
Why can’t you learn to accept a compliment?
It’s just a prank that got out of hand
We’ve never had a complaint, so we don’t have a problem

41. Organizational & Individual Costs
Employee productivity losses
Diminished student learning
Increased absenteeism, turnover and drop out rates
Court awards, settlements and fees
Damage to institutional image
Deterioration of student and staff morale
Negative institutional culture
Damaged interpersonal relationships
Psychological distress, compromised wellness
Compromised spiritual & moral integrity

42. Complaint Procedure
Let your employees know you take this issue seriously
Take a proactive stance in preventing unlawful harassment
Take appropriate action in a timely manner
Remember, you are liable if you knew or should have known

43. Complaint Procedure (cont.)
You may file an oral or written complaint with any of the following personnel/offices:
Immediate Supervisor
Second Level Supervisor
Human Resource Office
Equal Employment Opportunity Commission (Federal)

44. Retaliation
You are protected against retaliation for exercising your right to complain or for testifying or assisting in an investigation or hearing.

45. Investigative Process
Informal Review
Formal Review
Results of Investigation

46. Confidentiality All complaints will be kept confidential
Records established as a result of an investigation are not to be retained in employee personnel file

47. Module 1
Narda is an office assistant working in billing. Whenever Narda needs assistance with the computerized billing system, the office manager, Zeek, instructs her while gently massaging her shoulders as he leans over to see the screen. Narda is uncomfortable with his behavior.
Is this sexual harassment?
Yes – Narda is uncomfortable with his behavior

48. Module 2
Greeda is a receptionist in a sales office. In spite of Greeda’s objections, Elton, the sales manager, often finds ways to get physically close to Greeda, brushing lightly against her or playfully corning her in a room. Elton quietly enter the room and snapped her bra strap.
Is this sexual harassment?
Yes – It may not state if Greeda is ok with this, but either way the behavior is unacceptable at work/school.

49. Module 3
Venora works in the claims office of an insurance company, where she met Vic, her supervisor. She finds Vic very attractive and visits his office frequently. At other times,Venora shows up at the water cooler when he is there; they both openly flirt with each other. They often discuss Venora’s fitness program and how it keeps her “terrific figure tight.” Venora loves Vic’s attention, laughs at his sexually explicit jokes and tells a few of her own.
Is this sexual harassment?
No – They both openly flirt with each other and laugh at each other jokes. Although if either one choose to want the behavior to stop, they could claim sexual harassment.

50. Module 4
Koll works in the accounting office of a manufacturing plant. Whenever he takes his break, he is followed into the break room by his supervisor. She fixes him a cup of coffee, hands it to him, and as often as possible, angles him into the corner of the room, where she begins to give him running details of her non-existent sex life. Follow with compliments about his looks, usually as an attempt to soften him for the request, which is always, “When are you going to agree to take me to your place after work and help me out? You know if you help me, I can help you. I can get you promoted to assistant supervisor with the right motivation.”
Is this sexual harassment?
Yes – Quid Pro Quo
It does not matter what gender (Male or Female) both can be victims of sexual harassment.

51. Module 5
Kyfay is 16-years-old and recently started a summer job at a hamburger/hotdog take-out restaurant. She works mostly with other teens, and her manager, Jobob, is 23-years-old.
During her first week of work, Jobob would sometimes wink or smile at Kyfay, and she found it exciting to be noticed by someone attractive and older. Now, into Kyfay’s second week, Jabob whistles at her when she arrives for her shift every day and regularly jokes that she must get a lot of dates with a mature body like hers. He also tells her that she should consider going on a date with him because “older guys are more experienced than high school boys.” Kyfay has no interest in dating Jason, and these comments make her uncomfortable.
Is this sexual harassment?
Yes – This behavior and talk is unexceptional at work! Kyfay is uncomfortable about the behavior, so is sexual harassment.

52. If you have any questions please call:
Supervisor if nothing is done -
Contact the EEOC U.S. Employment Opportunity Commission
By phone: