Training for Sexual Harassment Avoidance March 1 2017

Training for Sexual Harassment Avoidance

March 1, 2017 • Entry task: Define or give an example of sexual harassment. • Target: Identify the different types of sexual harassment.

Sexual Harassment Game • SEXUAL HARASSMENT DEFINITION IS: 1. Unequal treatment of an employee over the age of 40 2. Discrimination based on race or religion 3. Failure to accommodate a person with a physical or mental disability 4. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature

Answer 4. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature

Sexual Harassment Game WHICH OF THE FOLLOWING CAN COMMIT AN ACT OF SEXUAL HARASSMENT? 1. Man-to-Man 2. Woman-to-Woman 3. Man-to Man or Woman-to-Woman (Same Sex) 4. All of the Above

Answer • 4. All of the Above

Sexual Harassment Game • WHICH IS A TYPE OF SEXUAL HARASSMENT? 1. CARPE DIEM 2. IN LOCO PARENTIS 3. QUID PRO QUO 4. MEA CUPA

ANSWER • 3. QUID PRO QUO

Sexual Harassment Game • EMPLOYEES CAN CLAIM HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT WHEN THE FOLLOWING EXISTS WHERE THEY WORK: 1. A poor performance review 2. Dirty jokes, rude or suggestive pictures and calendars, sexual innuendoes 3. The absence of chocolate 4. An uncomfortable chair

Answer • 2. Dirty jokes, rude or suggestive pictures and calendars, sexual innuendoes.

Sexual Harassment Game • WHICH LAWS PROHIBIT SEXUAL DISCRIMINATION BASED ON SEX? 1. First Amendment to the Constitution 2. Title IX and Title VII Federal Laws 3. Motor Vehicle Code 4. American Disability Act

Answer • 2. Title IX and Title VII Federal Laws

Sexual Harassment Game • BASED ON CURRENT COURT RULINGS, AN EMPLOYER MAY BE LIABLE FOR SUPERVISOR’S SEXUAL MISCONDUCT—EVEN WHEN UNREPORTED TO MANAGEMENT • TRUE OR FALSE

ANSWER » TRUE

Sexual Harassment Game • EDUCATORS WHO FAIL TO STOP STUDENTS FROM SEXUALLY HARASSING OTHER STUDENTS CAN BE HELD PERSONALLY LIABLE • TRUE OR FALSE

ANSWER » TRUE

Learning Objectives (con’t) ü Understand your rights and responsibilities ü Understand the complaint procedure ü Understand the investigative process

Title VII, 1964 Civil Rights Act This law prohibits employment discrimination based on: ü Race ü Color ü Religion ü Sex ü National Origin

Civil Rights Act of 1991 Granted litigants broader remedies and privileges through litigation: ü Right to jury trial ü Punitive & compensatory damages

Age Discrimination In Employment Act of 1967 (ADEA) Protects employees or applicants 40 years of age or older: ü Cannot discriminate based on age with respect to any term, condition or privilege of employment ü Punitive & compensatory damages

Americans with Disabilities Act ü Prohibits discrimination on the basis of disability in all employment practices ü Employer must make accommodation to known disability of qualified applicant or employee unless it imposes undue hardship

Civil Rights Act – 1972 Amendment Sexual harassment is a: ü Form of sex discrimination ü Violation of federal law

Pregnancy Discrimination Act of 1978 ü Amendment to Civil Rights Act ü Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions

June 1999 New EEOC Guidance Employer liable for harassment by supervisors based on: ü Sex ü Race ü Color ü Religion ü National Origin ü Age ü Disability ü Protected Activity

Types of Harassment / Discrimination ü Age ü Racial ü Religious ü National Origin, Citizenship ü Disability ü Pregnancy ü Sexual

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

EEOC Criteria ü Criteria 1: Quid Pro Quo Submission to such conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment or academic work, or rejection of such conduct is used as the basis for employment or academic decisions affecting the individual.

Quid Pro Quo ü “Something for something” üHarasser has position of power or authority over the person being harassed üRefusal to submit will tangibly affect the individual’s term or conditions of employment

EEOC Criteria ü Criteria II – Hostile Work Environment Such conduct unreasonably interferes with an individual’s work or academic performance or creates and intimidating, hostile, or offensive working or educational environment.

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

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

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

Dont’s • Don’t attempt to retaliate • Don’t make yourself guilty of insubordination • Don’t socially or emotionally isolate yourself

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

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

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

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

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

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

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

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

Investigative Process üInformal Review üFormal Review üResults of Investigation

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