2. U.S. Department of Agriculture/Farm Service Agency presents: The Prevention of Sexual Harassment Office of Civil Rights

3. The Making…. As a USDA FSA employee, it is easy to allow yourself to adjust comfortably at your workplace. The more time spent at work, the more you feel tranquil and relaxed with co- workers. What may appear on the surface as “good humor” or “harmless fun” can hide a troublesome, unpleasant, degrading and expensive case of sexual harassment in the making.

4. What is Sexual Harassment? Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

5. Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating hostile, or offensive work environment.

6. Sexual harassment can occur in a variety of circumstances, including but not limited to the following: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co- worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser’s conduct must be unwelcome.

7. There are two types of sexual harassment: Quid Pro Quo (substitution) sexual harassment Hostile environment Sexual harassment

8. Quid Pro Quo sexual harassment Quid Pro Quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment.

9. Employer liability: Quid Pro Quo An employer must monitor a Quid Pro Quo situation to insure that the harasser doesn’t retaliate against a victim who has complained, or the employer may be liable for a discrimination lawsuit apart from and in addition to, the original harassment complaint.

10. Scenario- Quid Pro Quo Antonio handed his supervisor completed assignment and requested a promotion after she commented that his work was excellent. She told Antonio to close the door to her office so they could talk more about his promotion in private. Antonio closed the door and sat in a chair in her office. She stated to Antonio, “If you expect a promotion, you should have a drink with me after work and maybe date me on a regular basis”. Antonio was flabbergasted and immediately rose out of his seat while requesting an apology from his supervisor.

11. Hostile work environment Sexual Harassment A hostile work environment sexual harassment situation occurs when unwelcome sexual conduct interferes unreasonably with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences. That is, the person may not lose pay, a promotion, or suffer some other harm. Employers, supervisors, co-workers, customers, or clients can create a hostile work environment.

12. Hostile work environment Sexual Harassment might include: Repeated requests for sexual favors Demeaning sexual inquiries and vulgarities Offensive language Other verbal or physical conduct of sexual or degrading nature Sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photographs displayed in plain view Offensive and vulgar graffiti

13. Employer liability: Hostile Environment If an employer is aware of a hostile work environment of a sexual harassment nature (or should have been) and fails to take action to address the problem, he/she may be liable. If the employer has taken reasonable measures to prevent and promptly address the situation, he/she may be able to defend himself/herself from charges.

14. Scenario- Hostile Work Environment Janice sat at her desk working on the last minute changes to a report for an important meeting starting at two o’clock. Daniel, a co-worker approached her desk. While he stood overtop of her, he said, “Hey Janice, why don’t you come over to my house for some one-on-one sexual healing”. Janice was appalled by the statement and told Daniel his comment was unprofessional. Janice told Daniel that if he said something else unprofessional, she would contact an EEO Counselor.

15. How to Prevent Sexual Harassment

16. 1. Send a strong management message The most important step an organization can take to prevent unlawful sexual harassment is to send a strong message to every employee that such behavior is unacceptable.

17. 2. Send a message of prevention of discrimination early in each employee’s career A new employee needs to learn many things during the first few weeks and months on the job. One of them is how the organization and supervisors expect employees to deal with each other at work. When orientations are given to organizations, it should be important to go over how they expect others to treat the new employee while they work at the office. It is also important how the new employee should treat others.

18. 3. Deliver awareness on a regular, ongoing basis in many different ways throughout each employee’s career. Organizations that do the best job of preventing sexual harassment complaints are the ones that work at it all the time. Some techniques that are used for ongoing communication are: Well-written policies Showing appreciation and respect for employees Reinforcement of positive behavior with performance reviews Practicing timely problem solving Encouraging Ongoing communication through newsletter articles, posters, providing behavior expectations at staff meetings and company-wide get- togethers. Provide Training for prevention of sexual harassment

19. 4. Responding to Excuses An important part of preventing sexual harassment is responding to the excuses that people sometimes use to justify inappropriate behavior. Excuses are comments that can constitute a critical moment in an organization’s efforts to prevent sexual harassment. Management should react with a calm, logical, but forceful response to acknowledge that harassing comments and behaviors are not condoned in the workplace.

20. Time for a Quiz!

21. Reference: Deblieux, M. (2003) Stopping Sexual Harassment A Business and Legal Perspective Federal Government Edition. Urbandale IA, American Media Publishing.