AVOIDING SEXUAL HARASSMENT IN THE WORKPLACE

37:575:391:03

Sexual Harassment: EEOC definition

Any unwelcome sexual behavior, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment unreasonable interferes with an individuals work performance or creates an intimidating, hostile or offensive work environment.

Sexual Harassment:

Conduct of sexual harassment must be conduct of a sexual nature. Wrong and unlawful to harass people with gender-based conduct of a non-sexual nature. If the harassment is severe or pervasive this could lead to harassment on the basis of sex.

1980 EEOC Guidelines

LAW: DISCRIMINATION ACT

Title VII Race, color, national origin, disability, genetic information or age Retaliation Stereotypes based on abilities or performance Denial of employment

Title VII: Sexual Harassment

Federal Law applies to all states (Discrimination Act, 1964)

State Law (NJLAD) prohibits discrimination and harassment on the basis of sex.

Equal Employment Opportunity Commission (EEOC)

Enforces Title VII Interprets the law against sexual harassment Issues charges of discrimination Files sexual harassment claims

Sexual Harassment can occur:

The victim can be anyone affected by the offensive behavior. The victim and harasser can be of the same sex or opposite sex (male/female, male/male, female/female or homosexual male/female and a heterosexual male/female) The victim or harasser can be a supervisor, coworker, non-employee or work in another department of the organization.

If You Are Sexually Harassed:

Confront your harasser Tell someone Document the incident (time, date and details of the offense) Note: Sometimes the harasser may be unaware that their behavior is offensive or constitutes sexual harassment.

Quid Pro Quo Harassment

Unfavorable treatment could include:
denial of a raise, promotion or requested assignment imposing a pay cut, demotion or discharge

Sexual Blackmail
Involves either implicit or explicit threats that if the employee does not submit to the sexual demands of a manager or supervisor, he or she will receive unfavorable treatment.

Hostile Work Environment Sexual Harassment

Difficult to Define Occurs when

one

or more employees harass another employee

by speech or conduct

because

of sex thereby creating a hostile work environment

Subtle Hostile Work Environment Behavior:

Flirting, touching, commenting on appearance Embarrassing or degrading employees Repeated requests for a date Use of profanity in the workplace Conversations or questions of a personal nature

Some allegations of a hostile work environment claim may involve:

Offensive touching
Sexual remarks or joke-telling Displaying inappropriate pictures or sexual reading materials The social relationship of manager/ supervisor with a subordinate Repeated obscene gestures

Rutgers: Office of Employment Equity

Serves the faculty, staff and students on all Rutgers campuses who have been subjected to harassment or discrimination. Contact the OEE at:
Phone
Fax E-mail

Website

Claims of Employer Bias:

Case Studies in the Preservation of Male Workplace Norms

SEARS WAL-MART Merrill Lynch

Allegations by Female Employees:

Case Studies in the Preservation of Male Workplace Norms

Various forms of discrimination Failure to promote Train Mentor Failure to assign women to lucrative accounts

EEOC Ruling:
Case Studies in the Preservation of Male Workplace Norms

Merrill Lynch

Case Settled

Sears Men and women tend to have different interests and aspirations regarding work These differences explain why there is a low percentage of women in commission sales jobs Lowest proportion of women selling on commission Wal-Mart Women's lack of interest in managerial jobs Low percentile of women managers

Workplace Sexual Harassment

Gruber Article

Social Constructs of Gender

Women

in traditionally male occupations report more sexual harassment than other women. Prime Some men see women as sex objects and behave in a sexual manner.

Rogers and Hensons Hey Why Dont you Wear a Shorter Skirt

Sex role spill over

Gender

Neutral (women first. then workers) Workplace social inequality among temporary workers Clerical Sector dominated by females

Sexual Harassment:
Drawing The Line Campus Sexual Harassment

Two-thirds experience some form of sexual harassment. More than one-third experience sexual harassment during their first year?

Ramifications of Sexual Harassment

Student
Impact

academic performance Emotional Contribute to hostile learning environment Absenteeism

Universities
Damage Costly

schools reputation

Workplace
Experiences

seen in work, and life of victim

Sexual Harassment:

Men are more likely to harass than

women.

Both men and women can be harassed and be harassed by others.

Student to Student Harassment:

Supreme Court ruled that the term sexual harassment apply only to misconduct that is so severe or pervasive and objectively offensive that it deprives the harassed student of access to educational opportunities.

Workplace Sexual Harassment Occur:

Executive Levels Administrative Staff Reports of victimization are fewer than incidents of sexual harassment

Sexual Harassment in the Workplace

Employer Responsibility
Safe

working environment Maintain Policies and Procedures to minimize harassment claims Develop Training Sessions that enhance
Respect Diversity Difference Equality

Sexual Harassment in the Workplace

Employer Liability
Costly
Significant

defense costs Million dollar verdicts

Less

productive workforce

Negative

publicity

Same Sex Harassment:

Oncale v. Sundowner Offshore Services, Inc. Court rules that same-sex sexual harassment is a form of discrimination protected by Title VII of the Civil Rights Act. Ruling: Men are capable of harassing other men and women are capable of harassing other women.

Third Party Policy

Applies to the staff and professionals of affiliated organizations Requires that the work environment be free from disruptive behavior or sexual harassment Disruptive Behavior includes:
intemperate,

intimidating or threatening language

or behavior
profanity,

vulgarity or persistent us of swear words

Employer Concerns

Liability Million dollar verdicts Significant defense costs

Less productive workforce

Negative publicity

Sexual Harassment:

Know the policy.

Encourage respect and set an example.

Educate your employees.

Do not persuade a would-be complainant not to file a complaint. Do not promise confidentiality. Report any complaint or observation to HR.

Employee Action Steps:

Know your company policy Know your rights Ask the harasser to stop; described the specific form of harassment Document the incident(s) Use employer complaint process a complaint (HR Department or EEOC) or tell someone (Supervisor, Co-worker, etc.)

Employer Action Steps

Update the sexual harassment policy to include same-sex harassment. Communicate the policy to all personnel. Educate supervisors of same-sex harassment. Educate employees that sexual harassment means discrimination. Investigate all forms of sexual harassment quickly and fairly.

Bullying at the Workplace:

Generally not illegal unless involves a prohibited ground of discrimination (i.e. sex, race, religion, etc.) Organizations may have a clause prohibiting bullying which would be against company policy. This could lead to termination or disciplinary action by the employer. New Jersey has a pending bill to prevent bullying.

Sexual Harassment in the Workplace

Review outline by James M. Cooney, Esq.

Note: This presentation was created as an additional resource to the materials on Sakai and class lectures.