UNLAWFUL WORKPLACE HARASSMENT ASPIRE Paulette D. Russell Human Resources, Employee Relations P.Douglas@uncc.edu, Ext.7-0660 University s Obligation To ensure that all employees and supervisors are aware that unlawful workplace harassment is prohibited To provide a means to allow alleged victims to allow their complaints to be heard; To take prompt, remedial and corrective action; and Prevention of Sexual Harassment Facts About Sexual Harassment Form of Sex Discrimination Violates Title VII of the Civil Rights act of 1964 Anyone can be a harasser or a victim The victim does not have to be the person harassed The harasser s conduct must be UNWELCOME 1
EEOC s Definition of Sexual Harassment Unwelcome sexual advances and conduct, whether explicit or implied, physical or verbal, that are used as conditions of employment. Examples of Verbal Conduct Remarks about Physical Characteristics Remarks about appearance or attractiveness Propositions Sexual Innuendos and comments Remarks about sexual activity Sexual Jokes Examples of Nonverbal Conduct Suggestive or insulting noises Leering Whistling Sneering Making Obscene Gestures Exposing Oneself Gazing 2
Examples of Physical Conduct Touching (any part of the body especially in a suggestive way Hand holding or kissing Pinching/Grabbing Shoulder Massages Brushing up against another person Coerced sexual intercourse Examples of Conduct/Behavior of a Sexual Nature Love notes or letters Suggestive comments on memos (including mail) Unwanted gifts Graffiti Explicit Pictures Sex Toys/Games Types of Sexual Harassment QUID PRO QUO HOSTILE WORK ENVIRONMENT THIRD PARTY HARASSMENT RETALIATION 3
QUID PRO QUO This for that Conditioning employment benefits based on providing sexual favors May apply to anyone in position of authority or perceived position of authority Hostile Work Environment One that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Does not need to involve loss of economic benefits Hostile Work Environment Frequency of allegedly harassing conduct Severity of conduct Physically threatening or humiliating Has it interfered with an employee s work performance 4
Intent vs. Impact Attention or Purpose I did not mean anything by it or He/She took it the wrong way Note: A person s good intent is not relevant Impact A forceful consequence; influencing strongly; to have a effect upon.,but what I heard was,but how I felt when you said Note: The impact of behavior of a sexual nature is more important than the person s intent Third Party Harassment A party of parties are not sexually harassed directly, but indirectly suffer the consequences of sexual harassment Example: May be denied benefits in favor of those who participate in exchanging sexual relations for job benefits 5
Retaliation Adverse treatment which occurs because of opposition to unlawful workplace harassment Example: Harder workload, denial of benefits/time off, unfair treatment, etc.) Unlawful Workplace Harassment This policy seeks to encourage employees to express their opinion about any problem or complaint of unlawful workplace harassment freely, responsibly, and in an orderly way. Formal process deadline: 30 calendar days to file written grievance Can file with State Personnel Commission Can also file with EEOC (Title VII) Reporting Mechanisms Manager Employee Relations Manager Sexual Harassment Prevention Advisors Employee Assistance Program Other: Counseling Center 6
What can you do? Know the policy and share it with your employees Demonstrate appropriate behavior/conduct Address issues/complaints as they arise Know your resources for responding to complaints (Prevention Advisors or Employee Relations Manager) What can you do? Learn how to document the facts WHAT? WHEN? WHERE? WHO? HOW? STOP? WHY? Employee Relations Manager is always available to provide assistance What can you do? Empower people It s ok to tell someone their attention or conduct is offensive or unwelcome Ask person to stop make them aware of how their actions are perceived 7
RESPECT Would you want this to happen to your son/daughter or a loved one? Prevent Sexual Harassment 8