Sexual Harassment

1
Sexual Harassment
2
Definition of Sexual Harassment (according to the
EEOC guidelines, 1980)

• Unwelcome physical advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitute sexual harassment when
  (1) submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment, (2) submission to or
  rejection of such conduct by an individual is
  used as the basis for employment decisions
  affecting such individual, or (3) such conduct
  has the intention or effect of unreasonably
  interfering with an individuals work performance
  or of creating an intimidating, hostile, or
  offensive working environment.

3
Sexual Harassment

• Receiver Oriented Definition
• An employer cannot argue that they didnt know
  they can be held responsible
• Organization is liable if
• The victim never complained to the company
• The harasser is a coworker, not a supervisor
• The harasser is a customer
• The harasser and the victim are the same sex
• If the investigating supervisor did not pursue
  the investigation out of respect for the victims
  request for confidentiality
• If the victim perceives their own opportunities
  impeded by a managers sexual harassment of, or
  legitimate consensual relationship with, another
  employee
• An employee chooses to quit as a result of the
  harassment
• The victim does not have to be the person
  harassed but could be anyone affected by the
  offensive conduct.

4
Hostile Climate Harassment

• Posters, Flyers, Calendars or other decorative
  materials that contain nudity or sexual
  representations
• Lewd or insulting graffiti in the workplace areas
• Pornographic or sexually explicit materials
• Vandalism of ones personal belongings or
  workspace

5
Hostile Climate Harassment cont.

• Behaviors such as
• Making repeated phone calls
• Leaving email or voice messages
• Placing intimidating or sexist materials in an
  employees mailbox
• Staring, following, or stalking someone
• Performing office pranks

6
Forms of sexual harassment

• Quid Pro Quo Something for something.
• One of the most serious types
• Coercive Physical Contact
• Includes touch sexual or intimate areas of the
  body
• One of the most serious types
• Seduction
• Involves sexual proposition and other noncontact
  expressions of sexual interest that do not
  include or suggest threats or promises as
  pressure for compliance

7
Forms of Sexual Harassment (cont)

• Romantic Imposition
• Nonsexual feelings and socializing are
  emphasized sexual activity is not a focus

8
Forms of Sexual Harassment (Cont)

• Antagonism
• Sexual, obscene, sexist jokes, comments,
  behaviors, and objects that degrade, insult,
  intimidate, or control the victim
• Gender Harassment
• Includes use of sexual and sexist jokes, remarks,
  behaviors, and objects that the harassers may
  intend to be nice, endearing, or funny, but that
  highlight the victims gender or sexuality
  (usually in a condescending way)

9
Which kind of harassment do each of these
examples constitute?

• A man uses various communication channels (e.g.,
  email, voicemail, fax, etc.) to repeatedly ask a
  co-worker on a date.

Romantic Imposition

• A female manager whispers comments and
  invades the space of a male co- worker

Gender Harassment or Seduction
10
Which kind of harassment do each of these
examples constitute?

• A male professor who uses a copy of Hustler
  magazine to teach female anatomy

Eeew! Antagonism

• A female administrator, whose office
  contains male-bashing posters and cartoons,
  who is assigned a male officemate

Antagonism