1. Sexual Harassment

2. Legal Definition Sexual harassment is defined
Unwelcome sexual advances
Requests for sexual favors
Other verbal conduct of a sexual nature
Other physical conduct of a sexual nature

3. Two Types of Harassment
Quid pro quo
Hostile-Environment

4. History Title VII of Civil Rights Act of 1964
Prohibits employment discrimination on the basis of:
Race
Color
Religion
National origin
Sex
Enforced by Equal Employment Opportunity Commission (EEOC)
At this time, there was no mention of Sexual Harassment in our history.

5. History 1970’s 1980’s Barnes vs. Train (1974)
Corne vs. Bausch & Lomb (1975)
1980’s
EEOC defines sexual harassment as a form of sex discrimination
The Supreme Court rules that conduct must be “unwelcome” to be considered harassment (1986)
1974 Barnes vs. Train a female was retaliated against for not accepting her supervisor’s sexual advances. The courts determined that this was not employment discrimination (using Title VII of Civil Rights Act of 1964 as basis). The courts said that the supervisor found her attractive and simply felt rejected and retaliated.
This case was appealed later on in 1977 (under a different name Barnes c. Costle). The decision was reversed and determined to be employment discrimination based on Title VII of Civil Rights Act of 1964.
These are Sexual harassments roots.

6. History
1991- Anita Hill testifies at Clarence Thomas hearings that he sexually harassed her.
Hearings spark national debate
What is sexual harassment?
What should be done about it?

7. History 1998- The Supreme Court rules 1999- The Supreme Court rules
Same-sex harassment violates Title VII under the Civil Rights Act of 1964
1999- The Supreme Court rules
Companies may be automatically liable for improper behavior of supervisors
Even if companies had no knowledge of behavior

8. Quid pro quo

9. Quid pro quo “This for that”
A person in power (manager or supervisor) makes employment decisions based on if the employee grants or denies sexual favors.
Job
Promotion
Raise
Assignments

10. Examples of Quid pro quo:
Demanding dates
Disciplining or firing a subordinate who ends a romantic relationship
Changing performance expectations after a subordinate refuses dates

11. Hostile-Environment

12. Hostile Environment
Verbal or nonverbal behavior that is intimidating or offensive and is
Focused on Sexuality / Gender
Unwanted & Unwelcome
Severe / Pervasive
Intent vs. Impact
Reasonable Person Standard

13. Hostile Environment Generally less clear-cut than Quid pro quo
Let’s look at the 5 factors more closely…

14. Five Factors Focus on Sexuality / Gender
The behavior complained about may focus on another’s sexuality or gender
Can be same-sex or opposite sex

15. Five Factors 2. Unwanted / Unwelcome
Unwelcome = employee didn’t solicit or incite conduct and feels behavior as unwanted
Courts look at determining conduct as unwelcome:
Did victim communicate conduct was unwelcome?
Did victim file a prompt complaint?
How did victim participate or react to the behavior?
Are there any “mixed signals” from victim?

16. Five Factors Severe / Pervasive
Offensive conduct is continuous, frequent, or repetitive
A pattern, rather than an event
The law is meant to target severe, abusive behavior affecting the workplace

17. Five Factors Intent vs. Impact
Victim’s perception means more than the harasser’s intent

18. Five Factors Reasonable Person Standard Is it sexual harassment?
The EEOC looks at whether a reasonable person of the same sex in the victim’s circumstances would be offended.
Why?
Studies show that men and women view sexual conduct in the workplace differently.

19. Harassment or Just Inappropriate?

20. The Manager’s & Supervisor’s Role
Maintain a harassment-free, professional work environment
How?
Use common courtesy
Closely observe others’ reactions
Get into the habit!
Use common sense
Common sense Guidelines:
Appropriate behavior makes people feel good or neutral
Harassing behavior makes people feel disgusted, embarrassed, angry, scared, and helpless

21. Unlawful Sexual Behavior
Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature

22. WHEN…
Submission to such behavior is a term of the employee’s employment
Submission to or rejection of such behavior is used as basis for employment decisions
Such behavior interferes with an individual’s work performance or creates a hostile work environment

23. Inappropriate Sexual Conduct…
Remember, it’s sexual harassment if the conduct is unwelcome and affects the conditions of employment.
Inappropriate Conduct:
Vulgar or derogatory comments
Sexually suggestive language
Vulgar language
Threats of physical harm
Sexually oriented or suggestive pictures, posters, magazines, etc.
Touching someone in a sexually suggestive way

24. Inappropriate Sexual Conduct
Difficult to define
What is okay for one person is not for another person
No Black and White
The context in which the behavior occurs means everything.

25. McCoy’s Liability
An employer is always responsible for any harassing acts committed by a supervisor or manager.
A victim doesn’t need to prove any harm or loss in order to recover damages
Employers may be responsible for acts of harassment by non-employees

26. The Manager’s & Supervisor’s Liability
Managers and Supervisors are agents of the company
Held liable for sexual harassment
Their own acts
Failing to respond to harassment occurring in their department

27. Complaint Guidelines Take every complaint seriously. Contact
Human Resources
Supervisor/ Manager
Vice President or President

28. Harassment Policy Found in your Handbook
Imperative that you are familiar with it

29. Do’s & Don’ts Treat men & women equally.
Minimize cursing and avoid sexual language
Avoid jokes about men versus women.
Avoid stereotypes
Refrain from touching employees
Don’t make references to appearances
Don’t date employees under your supervision
Don’t post or allow others to post suggestive materials.

30. True or False…
A man is accused of sexually harassing a woman. He argues that the woman was dressed provocatively. Because the woman was wearing provocative clothing, his behavior is NOT sexual harassment.
FALSE

31. True or False…
A man and woman are co-workers and have had an intimate relationship. He stops the relationship. If the woman tries to continue the relationship by giving him presents and calling him at work, that is sexual harassment.
TRUE

32. True or False….
If an employee reports harassment but asks the supervisor “not to do anything yet”, The credit union is not liable for the harassment until the employee asks for management to intervene.
FALSE

33. True or False…
Supervisors are responsible for the conduct of both employees and non-employees present in the workplace.
TRUE

34. The EEOC guidelines establish that no sexually offensive conduct or behavior is allowed in the workplace. Which of the following is used to determine whether the behavior is unlawful?
It creates an unreasonable interference with the individual’s work performance.
B. It creates an intimidating, hostile, or offensive working environment.
BOTH A & B

35. Thank You for your Participation!!!