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SEXUAL HARASSMENT PREVENTION

• Miami Dade College
• Division of Human Resources
• Office of Employee Relations/EOP/ADA

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
(EEOC) Guidelines Defining Sexual Harassment

• Unwelcome sexual advances, requests for
  sexual favors, and other verbal or physical
  conduct of a sexual nature constitute sexual
  harassment when

• submission to such conduct is made either
  explicitly or implicitly a term or condition of
  an individuals employment

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EEOC Guidelines Defining Sexual Harassment

• submission to or rejection of such
  conduct by an individual is used as the basis
  for employment decisions affecting such
  individuals and

• such conduct has the purpose or affect
  of unreasonably interfering with an individuals
  work performance or creating an intimidating,
  hostile, or offensive working environment.

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SEXUAL HARASSMENT IS DISCRIMINATION BASED ON SEX

• Employee treated differently because of their
  sex/gender.

• Employment decisions based on persons sex.

• Harassment on the basis of sex is a violation
  of Title VII of the Civil Rights Act of 1964 as
  amended in 1972 Civil Rights Act of 1991 Title
  IX of the Education Amendments, College Policy.

• Title VII prohibits discrimination based on
  race, sex, color, national origin, and religion.

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• Quid Pro Quo
• The sexual act or a sexual favor is the
  prerequisite condition to employment or
  employment decisions (i.e., promotion, job
  benefits) or academic success or evaluation.
• Refusal to engage in the sexual act or provide a
  sexual favor results in being fired, denied
  promotion, denied a job benefits or denied some
  academic benefit, (i.e., an appropriate grade,
  enrollment, participation).

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• Quid Pro Quo

There is proof the sexual demand was linked to a
tangible, economic aspect of the harassed
employees compensation, term, condition or
privilege of employment or a students
enrollment, academic benefit, or participation.
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• HOSTILE ENVIRONMENT
• The threat takes the form of ongoing harassment
  that interferes with work or school by making the
  atmosphere intimidating and unpleasant.

The atmosphere is made hostile or abusive by the
unequal treatment of the sexes or individuals.
The harassment is sufficiently severe or
pervasive to alter the conditions of the victims
employment or academic performance and create
an abusive working, or educational environment.
The actions are generally repetitive.
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DONTS

• Vulgar, sexually explicit language

• Sexual comments as to physical appearance

• Sexual comments toward persons

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DONTS

• Off-color sexual jokes or anecdotes

• Explicit questions about ones sex life, sexual
  preference or sexual orientation

• Comments, sexually explicit or implicit, about
  ones clothing, body or looks

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DONTS

• Repetitively asking for dates

• Use of sexually harassing terms to refer to
  females (i.e., bitch)

• Whistling, kissing sounds, smacking noises

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Writing suggestive notes or sending
unwelcomecards
DONTS

• Terms of endearment (i.e., honey, sweetheart,
  darling)

• Rumor-mongering about a persons sex life in
  front of them or behind their
  back

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DONTS

• NON-VERBAL ITEMS TO BE AVOIDED

• Unsolicited or inappropriate gifts (e.g.
  underwear, night-time apparel)

• Offensive photographs or pictures

• Staring at a person in an unwelcome manner (i.e.
  the once-over)

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DONTS

• Stalking at the office or after hours

• Kisses, making facial expressions, or sexual
  gestures

• Touching a persons hair, clothing or body when
  the touching is unwelcome (i.e. pushing ones
  hair out of face, back massages)

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NON-VERBAL ITEMS TO BE AVOIDED
DONTS

• Standing inappropriately close to someone

• Hugging and kissing when its uninvited

• Rubbing against someone when it is uninvited

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DO S

• Take the report seriously

• Listen, sympathize, but dont judge

• Dont delay

• Respond to concerns

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DO S

• Document

• Follow-up on the complaint

• Avoid using dangerous words such as, Its just
  teasing no big deal

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THE END