LEAD UNLAWFUL WORKPLACE HARASSMENT HUMAN RESOURCES 2012 Jeanne Madorin
TOPICS OF DISCUSSION 2 University s Obligation Sexual Harassment Definitions Hostile Work Environment Sexual Harassment Examples Third Party Harassment University s Liability Reporting Mechanisms
UNIVERSITY S OBLIGATION 3 To ensure that all employees and supervisors are aware that unlawful workplace harassment is prohibited To provide a means for alleged victims complaints to be heard To take prompt, remedial, and corrective action Reinforce Zero Tolerance
SEXUAL HARASSMENT 4 Form of Sex Discrimination Violates Title VII of the Civil Rights act of 1964 Anyone can be a harasser or a victim Victim does not have to be the person harassed Harasser s conduct must be UNWELCOME
SEXUAL HARASSMENT DEFINITIONS 5 EEOC (Equal Employment Opportunity Commission) Unwelcome sexual advances and conduct, whether explicit or implied, physical or verbal, that are used as conditions of employment OCR (Office for Civil Rights) Conduct that: Is sexual in nature Is unwelcome Denies or limits a student s ability to participate in or benefit from a school s education program
TYPES OF SEXUAL HARASSMENT 6 Quid Pro Quo Hostile work environment Third party harassment Retaliation
QUID PRO QUO 7 This for that Base employment benefits on providing sexual favors May apply to anyone in position of authority or perceived position of authority
HOSTILE WORK ENVIRONMENT 8 One that 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 9 Frequency of allegedly harassing conduct Severity of conduct Physically threatening or humiliating Interference with an employee s work performance
VERBAL CONDUCT EXAMPLES 10 Remarks about physical characteristics Remarks about appearance or attractiveness Sexual jokes Propositions Sexual innuendos and comments Remarks about sexual activity
NONVERBAL CONDUCT EXAMPLES 11 Suggestive noises Insulting noises Leering Whistling Gazing Sneering Making obscene gestures Exposing oneself
PHYSICAL CONDUCT EXAMPLES 12 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
13 CONDUCT/BEHAVIOR OF A SEXUAL NATURE EXAMPLES Love notes or letters Suggestive comments on memos (including mail) Unwanted gifts Touching of a sexual nature (including back rubs) Graffiti of a sexual nature Displaying or distributing sexually explicit drawings, pictures, or written materials Sex toys/games Circulating or showing emails or web sites of a sexual nature
INTENT VS. IMPACT 14 INTENT IMPACT I didn t mean anything by it He took it the wrong way She took it the wrong way What I heard was... How I felt when you said Intent is irrelevant. Impact is more important than intent.
THIRD-PARTY HARASSMENT 15 A party or parties not sexually harassed directly, but that 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
THIRD-PARTY HARASSMENT 16 Harassment by another party Contractor on campus Vendor, etc. University knew or should have known of such harassment University has duty to prevent future harassment
RETALIATION 17 Adverse treatment that occurs because of opposition to unlawful workplace harassment Examples: Harder workload Denial of benefits Time off Unfair treatment Denial of role in a play
18 UNLAWFUL WORKPLACE HARASSMENT This policy encourages 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 An employee can file with State Personnel Commission An employee can also file with EEOC (Title VII) A student can file with the Office of Civil Rights (OCR)
RELATIONSHIPS STUDENTS AND UNIVERSITY EMPLOYEES 19 It is improper and professionally unethical for a faculty member, instructional assistant, or other University employee to participate in the instruction, evaluation, or supervision of a student with whom there is an amorous relationship or familial relationship. Evaluate or supervise: To assess, determine or influence academic performance, progress, potential or entitlement to University right, benefit, or opportunity To oversee, manage, or direct one s academic or institutionally prescribed activities
UNIVERSITY S LIABILITY 20 Attorney s fees to defend Institutional time and effort to defend Publicity Reputation damage to University, college, and program Judgment Plaintiff s attorney s fees
EMPLOYEE S LIABILITY 21 Loss of responsibilities/employment status Personal liability Fees for personal attorney Loss of reputation Time, effort, and stress of defending lawsuit Depending on allegation, possible criminal liability
REPORTING MECHANISMS 22 Manager (you) Employee Relations Manager Sexual Harassment Prevention Counselors Dean of Students Office Counseling Center
WHAT CAN YOU DO? 23 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 Counselors Employee Relations Manager
WHAT CAN YOU DO? 24 Learn how to document the facts: WHAT? WHEN? WHERE? WHO? HOW? STOP? WHY?
WHAT CAN YOU DO? 25 If harassed or aware of harassment: Empower people It is okay to tell someone that their attention or conduct is offensive or unwelcome Ask person to stop make them aware of how their actions are perceived Employee Relations is always available to provide assistance
WHAT CAN YOU DO? 26 Be careful of your actions Be aware of how your actions may be perceived Be professional Do not put yourself in a position that would appear incriminating Remember your role when attending or inviting employees to social functions Be careful when using Facebook, MySpace, Twitter...
27 WHAT CAN YOU DO?
RESPECT 28 Would you want this to happen to your son/daughter or a loved one? Would you want your actions reported in the Charlotte Observer or The Chronicle of Higher Education?
29 NO TOLERANCE POLICY