Sexual Harassment in the Workplace Karen Maynard 2013
Definition of Sexual Harassment Unwelcome sexual advances, 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 individual s employment, unreasonably interferes with an individual s work performance, or creates an intimidating, hostile or offensive work environment. (U.S. Equal Employment Opportunity Commission)
Laws Against Sexual Harassment Federal Law - 1964 Civil Rights Act, Title VII Applies to employers with 15 or more employees Reports filed with Equal Employment Opportunity Commission (EEOC) California Fair Employment and Housing Act (FEHA) Applies to employers with five or more employees Sexual harassment training must be provided if over 50 employees
NASW Code of Ethics The social work Code of Ethics is clear about sexual relationships: Social workers who function as supervisors or educators should not engage in sexual activities or contact with supervisees, students, trainees or other colleagues over whom they exercise professional authority.
Examples Share with your group examples of sexual harassment or uncomfortable behavior you have either witnessed or personally experienced. Was it blatant or subtle? How was it handled? What was the outcome?
Types of Sexual Harassment
Quid Pro Quo When an individual s submission or rejection of sexual advances is used as the basis for employment decisions If you don t..., I will If you do., I will.
Hostile Work Environment Conduct of a sexual nature which unreasonably interferes with work performance Repeated request for sexual favors Demeaning sexual inquiries/vulgarities Offensive language, literature, posters, etc. Offensive/degrading physical conduct of sexual nature
Third Party Sexual Harassment Sexual harassment of employees who are not themselves the target of the harassment but who are negatively impacted Quid pro quo loses potential job benefits to other less qualified employees who submit to harassment Hostile Work Environment when harassment is pervasive, or preferential treatment given to those who perform sexual favors resulting in lack of motivation and work performances for others
What is Considered Unreasonable Conduct? When a reasonable person, similarly situated, would agree
Other Factors to Consider Frequency of unwelcome discriminatory conduct Severity of conduct Was conduct physically threatening or humiliating, or just offensive utterance? Did conduct unreasonably interfere with work performance? Effect on employee s psychological well-being Is harasser a superior in organization? www.dotcr.ost.dot.gov/documents/
Examples of Sexual Harassment Physical contact of a sexual nature including unnecessary touching, patting, hugging, or brushing against a person s body Explicit or implicit propositions to engage in sexual activity Comments of a sexual or crude nature Sexual gestures Sexually explicit e-mails, voice mails, texting, Twitter, etc. Insistent invitations for dates Inappropriate questions about dates or sexual partners
Examples of Sexual Harassment (cont.) Inappropriate exposure to sexually oriented graffiti, pictures, posters, cartoons, or other such materials Physical interference with or restriction of an individual s movements Stories of marital problems/sexual exploits Course material, classroom instruction, classroom environment, instructor who condones or promotes sexual harassment Using demeaning or inappropriate terms, such as Babe
Scenarios Discuss the assigned scenario with your group Is it a case of sexual harassment or not? Why, why not? Discuss appropriate ways to handle the situation? Remember: Sexual harassment can happen to anyone Supervisor to subordinate Subordinate to supervisor Male to female Female to male Same sex harassment
Who is Held Responsible in Addition to the Harasser?
Employer If it is determined employer should have known about harassment If employer failed to take appropriate corrective action If employee is retaliated against for reporting harassment
Other Employees Supervisor Not protecting employee from known harassment Failing to take corrective action Coworkers Witnessing harassment and not reporting Supporting harassment
What Should Employers Do?
Preventative Measures Require training on sexual harassment every two years for each employee Maintain professional working environment no tolerance policy Investigate all claims promptly Enforce effective disciplinary action Prevent retaliation against those reporting claims
What Should You Do if Harassed? Communicate with perpetrator and make it clear his/her conduct is unwelcome (document you have done this) If offensive conduct persists (or if you are uncomfortable confronting perpetrator), contact appropriate administrator/manager and report concerns Consider and discuss an effective, acceptable resolution
What Should You Do if Harassed? (cont ) Consider demanding a formal investigation pursuant to organizational policy and procedures Report each offensive incident/communication that occurs subsequent to your initial complaint Insist you are kept advised of status of investigation of your complaint and that you are consulted with regard to appropriate outcome or resolution
Why Should You Report Harassment? If you fail to use organization s internal procedures and decide to sue later, employer s defense team can argue that: Conduct never occurred Conduct was not really unwelcome Conduct was not severe or pervasive enough to create hostile environment Employer cannot be held responsible for preventing or correcting harassment it did not know about www.dotcr.ost.dot.gov/documents/
Know the Facts Know the Law Recognize sexual harassment Know your organization s policy Ask field supervisor how to handle unwanted behavior from clients Examples of client behaviors? Know what to do if you are a victim Know how to advise victims
Identifying Harassment Harassment is based on impact, not intent
What if you are Harassed at your Internship? Contact Kim Setterlund or Cathy Fisher immediately! Kim: (626) 857-2402 ksetterlund@apu.edu Cathy: (626) 815-6000 x2767 cfisher@apu.edu
APU Field Director s Role Field director documents individual meeting with intern. Consults with APU HR and Legal. Field director and field supervisor meet to discuss events, agency s steps and APU s position (which is zero tolerance for such behavior). Meet with student throughout the process to monitor comfort level and safety.
APU Field Director s Role (cont.) Consult with field instructor throughout process and advocate for student, as needed. Request documentation of outcome of grievance to the student s and university s satisfaction. This is necessary in order to continue placement. If necessary, student will be moved to new placement.
Be Careful Understand laws and agency policies Do not touch others Keep office doors open, when possible Avoid jokes, stereotypes, slurs, etc. Do not make sexual comments Do not display sexual or discriminatory materials Don t flirt with/date people connected to your internship!
Mini Quiz