Sexual Harassment Sunny Hills High School Business Law

Sexual Harassment Sunny Hills High School Business Law Mrs. Larsen

What is Sexual Harassment Ø Bothering people in a sexual way Ø Unwelcome behavior, and in most cases repeated Ø Defined from the victim’s point of view Ø Goal is power, not sexual pleasure Ø Against the law!!!!!

Federal Law Ø Unwelcome sexual advances Ø Requests for sexual favors Ø Verbal or physical conduct of a sexual nature Ø Four Categories: – Quid Pro Quo – Hostile Environment – Sexual Favoritism – Harassment by Non-employees

Quid Pro Quo Ø Something is given in return for something else – i. e. Submit to advances or lose job Ø Has to occur only one time to be considered illegal

Hostile Environment Ø Effect of “poisoning” the work environment Ø Sexually explicit: – Jokes – Pinups – Graffiti – Vulgar statements – Abusive language – Indirect sexual comments – Overt sexual conduct Ø Must happen with some frequency

Sexual Favoritism Ø Supervisor rewards only those employees who submit to sexual demands Ø Other employees denied

Harassment by Non-employees Ø People outside of the company: – Customers – Vendors – Contractors Ø Employer responsible if they have control over actions

California State Law Ø Visual Harassment – Derogatory posters, cartoons, drawings – Unwanted love letters or notes Ø Verbal Harassment – Derogatory comments or slurs – Suggestive or insulting sounds – Comments about anatomy or clothes

California State Law Ø Physical Harassment – Assault – Impeding or blocking movement – Any physical interference with work or movement Ø Sexual Favors – Unwanted sexual advances – Employment contingent upon exchange of sexual favors

Visual Harassment Examples Ø Unwanted love poems, letters, cards Ø Obscene poems Ø Staring Ø Leering Ø Obscene gestures Ø Sexually suggestive – Cartoons, posters, magazines, flyers Ø Displaying sexually suggestive objects/pictures

Verbal Harassment Examples Ø Unwanted requests for dates Ø Questions about personal life Ø Indecent comments Ø Dirty/sexual jokes Ø Sexually explicit or degrading words Ø Name calling Ø Suggestive or insulting sounds/whistling Ø Graphic, verbal comments—body or dress

Physical Harassment Examples Touching Ø Patting Ø Grabbing Ø Pinching Ø Caressing Ø Kissing Ø Brushing against another’s body Violating Space Ø Blocking Ø Following Ø Cornering Force Ø Rape Ø Physical Assault

Sexual Favors Examples Power Ø Relationships Ø Using position to request dates, sex, etc. Threats Ø Quid Pro Quo Ø Demands Ø Loss of job Ø Selection process – Demotion – Promotion – Raise

Sexual Harassment vs. Flirting Sexual Harassment Ø Power Ø Hostile Ø Feels “bad” Ø One-sided Ø Feel “unattractive” Ø Degrading Ø Illegal!!! Flirting Ø Fun Ø Friendly Ø Feels “good” Ø Reciprocal Ø Feel “attractive” Ø Compliment Ø Legal!!!

Sexual Harassment Quiz (T or F) Ø Sexual harassment is a problem in the workplace. Ø Males are not victims of sexual harassment in the workplace. Ø If a female dresses or behaves in a sexy way, she is asking to be sexually harassed. Ø Sexual harassment does not occur between people of the same sex.

Sexual Harassment Quiz (T or F) Ø Sexual harassment means bothering someone in a sexual way. Ø Quid Pro Quo involves granting an employment benefit in exchange for sexual favors or making sex a condition of one’s employment. Ø Teasing and flirting are no big deal. They make work more fun.

Sexual Harassment Quiz (T or F) Ø Most females enjoy getting sexual attention at work. Ø Women/men who work in nontraditional jobs are more likely to be sexually harassed. Ø Sexual harassment is behavior that is not only unwelcome, but in most cases repeated.

Sexual Harassment Quiz (T or F) ØA “hostile environment” is one where conduct of a sexual nature (visual, verbal or physical) is so repetitious that it unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive working environment.

Sexual Harassment Quiz (T or F) Ø If the recipient doesn’t like the sexual attention, but the person acting or speaking means it only as flirting or joking, then it is not sexual harassment. Ø The goal of sexual harassment is not sexual pleasure, but gaining power over another.