SEXUAL HARASSMENT

–
IS IT OR ISN’T IT?
POSH
 Objectives
• Define Sexual Harassment and offensive behaviors that
can be considered harassment.
• Explain the statutory regulations and legal background
of Sexual Harassment.
• Identify the effects that sexual harassment has on
people.
• Recognize that sexual harassment of any type is a form
of discrimination and will not be tolerated.
• Implement ways of handling claims of sexual
harassment.
What is Sexual Harassment?
• Sexual harassment is a form of gender discrimination
Conduct Constituting Sexual Harassment
Can Be…
• Male to female
• Female to male
• Male to male
• Female to female
• Supervisor to employee
• Employee to supervisor
• Employee to employee
Education Code 212.5 Continued
• Submission to, or rejection of, the conduct by the individual is used
as a basis for employment or academic decisions affecting the
individual.

• The conduct has the purpose of, or effect of, having a negative
impact upon the individual’s work or of creating an intimidating,
hostile or offensive work environment.
Education Code 212.5 defines Sexual
Harassment as….
• Unwelcome advances, requests for sexual favors,
and other verbal, visual or physical conduct of a
sexual nature, made by someone from or in the
work or educational setting under the following
conditions:

• Submission to the conduct is explicitly or implicitly made

a term or condition of an individual’s employment status
or progress
Types of Sexual Harassment

• Quid Pro Quo

• Hostile Work Environment
DEFINITION-QUID PRO QUO
Quid Pro Quo sexual harassment occurs when:

Employment decisions or expectations-hiring

decisions, promotions, salary increases, work
assignments or performance evaluations are
based on an employee’s willingness to grant
or deny sexual favors.
Hostile Work Environment
Hostile Work Environment occurs when verbal or non-
verbal behavior in the workplace:
• Focuses on the sexuality of another person or occurs
because of the person’s gender.
• Is unwanted or unwelcomed.
• Is severe or pervasive enough to affect the person’s work
environment.
Four Groups of Sexual Harassment

Verbal
Visual

Written Physical
People harass others to:
• Express dominance or power;
• Organizationally or socially control
someone;
• Attempt to seek peer approval;
• Use as a bullying tactic.
Who Are Harassers?
Anyone can harass, just as anyone can
be the target of harassment regardless
of sex, sexual preference, age, or
professional position.
 Submission to sexual activity by the
employee citing harassment is not a
defense an employer can use to avoid
liability in a sexual harassment suit.
Sexual Attraction v. Sexual Harassment
Sexual Harassment is a form of
discrimination and has nothing to do with
one person’s physical attraction.

It is an misuse of POWER!!!
An isolated incident does not usually create a
hostile environment.
• The conduct must be “severe, persistent, or pervasive” to
constitute a hostile environment.

• The impact of the conduct and how it is perceived by the

person receiving the conduct is also important.
Welcomeness
• Mere acquiescence or failure to complain does not mean
the conduct was welcome.
• The victim defines what is welcome.
What Factors Contribute to a Sexually Hostile
Environment?
• The frequency of the unwelcome conduct;
• The severity of the conduct;
• Whether the conduct was physically threatening or
humiliating, or a mere utterance that was offensive;
• Whether the conduct unreasonably interfered with work
performance;
What Factors Contribute to a Sexually Hostile
Environment?
• The effect on the employee’s psychological well-being;
and
• Whether the harasser was a supervisor.
Types of Sexual Harassment
• Sex-Based Harassment
• Allegations that an employee has been harassed
because of his/her sex even though the harassing
conduct is not sexual in nature.

• Example: Female employee physically threatened by male

employee. This may include physical conduct such as touching,
assault, and impeding or blocking movement.

• Example: Gay bashing

Types of Sexual Harassment
• Bystander Harassment
• A bystander witnesses the sexual harassment and becomes fearful
or intimidated.
What Are Behaviors that Are Considered Forms
of Harassment?
• Unwanted Sexual Advances
• Continuing to express sexual interest after being
informed or otherwise made aware that the interest is
unwelcome.
• Favors
• Offering favors or employment benefits, such as
promotions, favorable performance evaluations,
favorable assigned duties, recommendations,
reclassifications, etc., in exchange for sexual favors.
Other Prohibited Behaviors
• Reprisals
• Making reprisals, threats of reprisals, or implied threats
of reprisals following a negative response to sexual
advances.
• For example: either threatening to withhold or actually
withholding support for an appointment, promotion, or change of
assignment, or suggesting that a poor performance appraisal will
be given
Other Prohibited Behavior
• Visual Conduct
• Leering, sexual gestures, display of sexually suggestive objects or
pictures, cartoons, posters, drawings or graffiti, magazines, sexual
toys or objects or other material, sending sexually explicit email
messages.
Other Prohibited Behavior
• Verbal or Written Abuse
• Making or using derogatory comments, slurs, jokes or epithets,
sexual innuendos, comments about appearance or body, personal
questions (e.g. about sex life), persistent invitations or verbal
sexual advances or propositions.
Other Prohibited Behaviors
• Physical Contact
• Any offensive or uninvited touching, brushing against, or impeding
or blocking movement.
HELD PERSONALLY
LIABLE FOR THEIR
OWN ACTION OR
INACTION.
Failure to Report Harassment
Retaliation by Harasser
Discipline up to termination if found guilty of harassment
If the harasser is sued by the employee, the harasser could
be held liable for economic and non-economic damages
to the person who was harassed
Is it Really Sexual Harassment?
• Is this verbal or physical behavior of a sexual
nature?
• Is this conduct offensive to the person(s) who
witnessed it?
• Is this behavior being initiated by only one of the
parties that has power over the other?
• Does the employee have to tolerate the conduct
in order to keep his/her job?
• Does the conduct make the employee’s job
unpleasant?
Behaviors that Contribute to a Hostile
Environment
• Unfulfilled threats to impose a sexual quid pro
quo;
• Discussing sexual activities;
• Telling off-color jokes of a sexual nature;
• Unnecessary touching;
• Commenting on physical attributes;
• Using demeaning or inappropriate terms, such as
“babe,” “stud,” “honey,” “sweetheart,” etc.;
Behaviors that Contribute to a Hostile
Environment
• Displaying sexually suggestive pictures;
• Using indecent gestures;
• Engaging in physical contact;
• Granting job favors to those who participate in consensual
sexual activity;
• Using crude and offensive language.
The Office is Deemed to “Know” About
Harassment if…
• An employee files a complaint.
• An employee witnesses the harassment.
• It is important that a witness tell their supervisor
immediately about what they have observed.
• The Office would have found out about the
harassment through “reasonable diligent inquiry,”
or where it is widespread, openly practiced, or
well-known to staff.
The Office Takes the Following Steps to Protect Our
Employees from Sexual Harassment
• Written Policies that prohibit harassment and outline a
prompt, responsive complaint procedure.
• Training provided for staff.
• Prompt and thorough investigations.
• Appropriate consequences if allegations of harassment
are substantiated.
What do I do if I experience sexual
harassment?
• Identify the behavior or environmental factor
which is unwelcome/unwanted.
• Report the harassment to your supervisor, or if
the harasser is your supervisor, to the Assistant
Superintendent, Human Resources.
What will Happen after I Report the
Harassment?
• The Office will conduct a thorough
investigation. The victim, alleged harasser
and any witnesses will be interviewed.
• The Office will determine whether sexual
harassment has taken place. If it is
determined sexual harassment has taken
place, the employee will be disciplined, up to
and including termination, if warranted.
What will Happen after I Report the
Harassment?
• The harassing behavior will stop.
• If it does not stop, inform your supervisor or the
Assistant Superintendent, Human Resources.
• Retaliation for reporting harassment is against the law.
You should not experience any retaliatory behavior. If
you do, immediately inform your supervisor or the
Assistant Superintendent, Human Resources.
If the Harassing Behavior Persists, What
Should I Do?
• Immediately report that the conduct is continuing to your
supervisor and the Assistant Superintendent, Human
Resources.
What to Do If I Observe a Prohibited
Behavior as a Witness?
• Ask the victim if he/she felt harassed (remember it
is how the victim perceived the behavior).
• If you know the person who exhibited the prohibited
behavior advise him/her of your observation.
• Assist the victim in reporting the situation, if
necessary. If the victim does not want to report the
incident, you report what you saw to your
supervisor.
• Document the situation in case of future
investigation.
If You Are the Alleged Harasser
• The act of harassment, by itself, is an unlawful act.
• The harasser can be held personally liable for
damages.
• A victim may be entitled to damages even though no
employment opportunity has been denied and there is
no actual loss of pay or benefits.
• Take the complaint seriously.
• In all cases, STOP THE OFFENDING BEHAVIOR
IMMEDIATELY.
• Be aware that sexual harassment may result in
disciplinary actions, up to and including termination.
USE THIS FORM TO
REPORT SEXUAL
HARASSMENT
Use This Form to Report Sexual Harassment
 Initial Report of Sexual Harassment

On _______________________, I talked with _________________________________

(date) (employee/participant)

about a problem with _________________________________________ who:

(alleged harasser)

_____ Made remarks with sexual connotations to ______________________.

_____ Made derogatory comments to ________________________________.

_____ Told sexual jokes/stories to ___________________________________.

_____ Made sexual slurs to ________________________________________.

_____ Touched ____________________________in an unwelcome manner.

_____ Interfered with movement of _________________________________.

_____ Moved into an uncomfortable proximity with ___________________.

_____ Displayed derogatory sexual material to ________________________.

_____ Made sexually suggestive remarks/actions to ____________________.

_____ Withheld or promised benefits for exchange of sexual behavior

to ________________________________________________________.

_____ Spread rumors of a sexual nature

_____ Displayed sexually suggestive objects

_____ Other:_____________________________________________________

___________________________________________________________.

How this came to my attention:____________________________________________

______________________________________________________________________
_

______________________________________________________________________
_

Signed:
___________________________________________________________

Date:
___________________________________________________________
 Cost to the Organization
• The need for employees to be “off the job”.
• Investigation of the sexual harassment complaint.
• Depositions.
• Trail.
• Low productivity due to diversion of focus.
• Negative impact on other managers, employees, and
witnesses.
• Adverse publicity about the organization.
Basic Steps for Handling Complaints
1. Take the complaint
2. Interview the alleged harasser
3. Initiate the investigation
4. Take the appropriate action, if necessary
Questions to ask the Recipient
• Where did the behavior occur?
• Who was involved?
• Were there any witnesses?
• Did you talk to anybody else about what happened?
• Has this happened before?
• How long has this been going on?
• Was the person told that the behavior was unwelcome?
Questions NOT to ask the recipient
• Avoid “why” questions such as, “Why didn’t you do
something about this before?”
• Don’t ask leading questions such as, “Would you want to
continue working here if the behavior continues?”
• Avoid asking multiple choice questions such as, “Did he
touch you on your arm, the shoulder, or the face?” Instead
ask, “Where did he touch you?”
Points to Keep In Mind when talking to the
alleged harasser
 Describe the circumstances surrounding the complaint.
 Be serious and to the point.
 Be unbiased.
 Stay on the topic.
 Ask the person to respond to each allegation separately.
 Tell the alleged harassed that the behavior must stop.
 Document the meeting.
 Take appropriate action based on your findings.
 Follow up with the person who filed the complaint.
When talking to witnesses
• Do not initially identify the alleged recipient or alleged
harasser.
• Describe the situation and circumstances of the alleged
harassment.
• Focus of the witnesses observations.
• Talk in private.
An Organization Plan for Eliminating
Sexual Harassment
• Review your behavior and that of others for evidence of
illegal or impermissible conduct.
• When such behavior is identified ask these questions:

1. Is the appropriate conduct or behavior in the workplace?

2. Is it legal (in accordance with the law)?
3. Is it permissible (in line with regulations)?
4. Is it proper (defensible by general standards)/
5. Could the behavior in any way be seen as discriminatory?
6. Could the behavior have a disruptive effect upon an employee
or organizational unit?
What Can You do to Prevent Sexual
Harassment?
If you become aware of the questionable behavior
and even if there is no complaint you:

 Must take immediate and corrective action

 Inform higher level supervisor and/or Communicate
with ICC/Registrar and/or top management.
 Document action taken.
 Communicate action taken to the affected
employee, explain what he or she should do if the
problem should occur.
 Advise employees of their rights to use the ICC
complaint process.
???? QUESTIONS ?????