Respect in the Workplace: Non-Discrimination/Non-Harassment Training Lisa Reed, MBA, SPHR Executive Director of Human Resources Gulf Coast State College
EEOC Policy Statement Gulf Coast State College does not discriminate against any person in its programs, activities, policies or procedures on the basis of race, ethnicity, color, national origin, marital status, religion, age, gender, sex, pregnancy, sexual orientation, gender identity, genetic information, disability, or veteran status
Specific Laws at a Glance Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color or national origin in programs or activities that receive federal financial assistance. Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 requires educational institutions to ensure equal educational opportunities for all students, including students with disabilities.
Federal law, along with Gulf Coast policy, prohibits: Sex-Based Discrimination/Harassment Race-Based Discrimination/Harassment Religious Discrimination/Harassment Disability-Based Discrimination/Harassment Sexual Orientation/Gender Identity Discrimination/Harassment Sexual Harassment/Hostile Environment
Harassment Harassment is any form of conduct which is unwelcome, unsolicited, and unreciprocated, which makes the workplace unpleasant, humiliating, or intimidating for the person who is the target of that conduct.
What is Sexual Harassment? The EEOC defines sexual harassment as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to or rejection of such conduct affects employment opportunities. 2. This conduct interferes with an employee s work or creates and intimidating, hostile, or offensive work environment. 3. Submission to such conduct is made an implicit or explicit condition of employment.
Sexual harassment is illegal and not tolerated in any workplace.
Title VII of the Civil Rights Act of 1964 Sexual harassment is a form of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964. It falls under the category of discrimination based on sex/gender.
It is estimated that 50% of women and 20% of men have experienced Sexual Harassment at work.
Types of Sexual Harassment Quid Pro Quo means something for something. This kind of sexual harassment usually involves a manager or supervisor who use: Threats termination, blocking promotion, transferring, or giving a bad evaluation, if a person does not go along with the sexual advances Rewards hiring, promoting, or giving a pay increase if a person does go along with the sexual advances Hostile Environment covers regular and repeated actions, or things displayed around the workplace that unreasonably interfere with job performance or create an intimidating, hostile, or offensive work environment. A hostile environment may include: Sexual pictures, emails, calendars, graffiti, or objects Offensive language, jokes, gestures, or comments
Hostile Environment Sexual harassment can occur between employees of the same sex, between employees of different sexes, and between employees of any rank or position in the organization.
Harassing jokes, comments or other behavior can create a hostile work environment even if they aren t directly targeted at the individual making the harassment complaint.
Sexual Harassment May Be Male to Female Female to Male Male to Male Female to Female
Examples of Sexual Harassment Verbal offensive jokes and language, threats, comments, or suggestions of a sexual nature Nonverbal staring at a person s body, leaning over someone s desk, sexual gestures, or offensive motions. Physical touching, holding, grabbing, hugging, kissing, accidental collisions, other unwanted physical contact, and in the worst cases, physical assault. Visual displaying offensive pictures, posters, or objects Electronic circulating offensive letters, emails, or cartoons
Unacceptable Behaviors Unacceptable behaviors that could lead to Sexual Harassment: Unwanted Flirting Repeated requests for dates Suggestive whistling Leering Catcalls
Long stares and sexually suggestive looks Using crude or offensive language or making derogatory comments about a person s sexual orientation Making jokes or comments about a person s physical attributes or inappropriate remarks or jokes about a woman s pregnancy.
Physical behaviors Shoulder massages Hugging Back scratching
Unacceptable Behaviors Gossiping or spreading rumors about sexual topics or engaging in sexual conversations that are overheard by others. The use of demeaning or offensive names such as honey, sweetie, hottie, baby, stud, or hunk. Viewing or posting of sexual pictures, magazines, posters, videos, or images. Sending sexually explicit emails, viewing sexually-based websites and the use of social networking sites for sexuallybased messages or pictures. Offensive gender-based comments or behaviors that denigrate people simply because of their gender such as A woman s place is in the kitchen, not the boardroom. Texting or sexting sexually explicit messages via your cell phone.
2 Key Terms 1) Unwelcome - When it is communicated that it is unwanted. 2) The Reasonable Person Standard - Used by U.S Supreme Court to determine if action is objectionable to a reasonable person. The fact is, most sexual behaviors, when they are continuous and unwanted, meet this standard. The safe way to avoid Sexual Harassment is to avoid these behaviors entirely.
Effects of Sexual Harassment Sexual harassment is a serious problem that has affected the lives of many people. It is not something imagined or exaggerated. Sexual Harassment Affects Everyone Women and men, all employees at all levels, and all types of jobs. Employees may lose Dignity, health, and peace of mind Promotions Even their jobs Supervisors may lose Respect Department teamwork Their jobs, too Employers may lose Productivity Teamwork and trust Talented employees
Consequences Sexual Harassment can result in disciplinary actions including written warnings, suspension, demotion, and even termination An individual named in a Sexual Harassment complaint could lose their job, their reputation, and even their career. It is also illegal to retaliate for a Sexual Harassment complaint. This can also lead to disciplinary actions up to and including termination.
Sexual Harassment can inflict serious damage on productivity and morale.
Stopping Sexual Harassment If you are the target of unwanted sexual attention or behavior: Respond to the problem. Make your feelings absolutely clear. Sometimes people don t realize that they re being offensive. Record the times, places, and specifics of each incident, including other people who might have observed the incident or your reactions. Report continuing harassment to Human Resources or your supervisor. If the harasser is your supervisor, go to the person who is next in the chain of command or go directly to Human Resources.
Take action if you observe sexual harassment. Help the victim make his or her feelings known. Support your co-workers encourage reporting sexual harassment.
You re part of the workplace. Make sure you re not involved in any inappropriate behavior. Respect your co-workers rights. Don t jump to conclusions based on someone s dress, actions, or physical appearance. Remember that No means No!
Studies show that simply asking the harasser to stop will end the Sexual Harassment 90% of the time.
However, if you are not comfortable confronting the harasser or if the harassing behavior continues you should contact a manager, supervisor, or the human resources department. If harassment is Quid Pro Quo or is physically aggressive or threatening in nature, it should be reported immediately to management or human resources.
Preventing Sexual Harassment People have always joked with each other, teased, flirted, and kidded around. But..there s a big difference between good-natured fun and sexual harassment. IT ALL DEPENDS ON HOW THE OTHER PERSON FEELS And the law says that what the victim FEELS is most important. This means. IT S NOT THE INTENT THAT COUNTS, IT S THE EFFECT
Remarks or actions may not be intended to hurt anyone, but if they have that effect, they are harassment. Remember: If you re offended, don t hesitate to make that clear to the harasser and to your supervisor. Always think about how others may feel before you speak or act. And Understand sexual harassment, what it is, and how it affects people and the workplace.
1. Leave sexually-based behaviors at the door. 2. Treat everyone with respect. 3. Speak up when you see harassment.
Sexist Harassment Harassment can result from sexist behavior which is not necessarily of a sexual nature, but which arises from discrimination against women or men. Examples of sexist harassment may include: Inappropriate use of sexist language, for example, the office girls, the boys in the plant General stereotyping Inappropriate use of terms of endearment Making assumptions about people because of their sex/gender
Sexual Preference Harassment Harassment on the basis of sexual preference can result from verbal or physical conduct which arises from discrimination against individuals on the basis of sexual preference or imputed sexual preference. Examples of harassment on the basis of sexual preference may include: Making assumptions about people because of their sexual preferences Inappropriate touching Offensive sexual jokes or remarks about the orientation of a colleague Name calling
Third-Party Sexual Harassment Sexual Harassment is not limited to just coworkers. Harassment can also occur with individuals not directly employed by an organization.
Individuals such as contractors, consultants, delivery persons, and vendors can create a Third-party Sexual Harassment situation. Sexual Harassment can occur anywhere that an employee represents their organization. This includes work parties, dinner, conferences, and charity events.
Remember Every employee deserves a safe, comfortable environment at work - free of harassment and full of respect. It is up to everyone to do their part in preventing harassment and fostering a respectful workplace.