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Sexual Ethics in the Workplace

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We've never had a complaint, so we don't have a problem. ... Outcomes: Generally, harassment stops (or formal processing of complaint is launched) ... – PowerPoint PPT presentation

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Title: Sexual Ethics in the Workplace


1
Sexual Ethics in the Workplace
  • Yarvelle Draper-King,
  • Assistant Director of Equity and Diversity
    Services
  • January, 2007

2
Why Training
  • To communicate the policy UWGB has in place to
    address this topic
  • Training is the best way to ensure our policies
    are more than just pieces of paper.
  • Communication of these policies and their
    implications is CRITICAL.
  • Training also reduces grievances and/or legal
    challenges/lawsuits.
  • To develop and environment where employees value
    and respect each other

3
Training Objectives
  • Define and recognize sexual harassment in the
    workplace and the related university policy
  • Understand its subtle forms
  • How it impacts people
  • Understand the responsibility of each employee
    and supervisor in maintaining an environment free
    of harassment
  • Awareness of behaviors that can offend people
  • Create environment where employees value and
    respect each other

4
SEXUAL HARASSMENT IS AGAINST THE LAW
  • Federal Law
  • State Law
  • University Policy

5
WHAT IS SEXUAL HARASSMENT?
6
Sexual Harassment is
  • A form of sex discrimination. It occurs in a
    variety of situations that share a common
    element the inappropriate introduction of sexual
    activities or comments into the work or learning
    situation.
  • Unwelcome
  • Interferes with persons ability to do their job
  • Interferes with students ability to get an
    education

7
Costs of Sexual Harassment
  • Lower productivity of employees
  • Diminished learning on the part of students
  • Higher costs due to lower efficiency
  • Increased absenteeism, turnover and drop-out
    rates
  • (cont.)

8
Costs of Sexual Harassment
  • Court awards, settlements and fees
  • Damage to an institutions public image
  • Deterioration of student and staff morale
  • Damage to organizational climate

9
Types of Sexual Harassment
  • Quid Pro Quo
  • Decisions affecting employees or students.
    Expectations are based on willingness to grant
    sexual favors.
  • Hostile Environment
  • Verbal or nonverbal behavior in the workplace
    Focuses on the sexuality of another person or
    occurs because of the persons gender
  • Is unwanted or unwelcome and
  • Is severe or pervasive enough to affect the
    persons work environment.

10
7 Examples of Prohibited Behavior
11
1
  • Unwelcome verbal expressions of a sexual nature
  • Graphic sexual commentaries about a person's
    body, dress, appearance, or sexual activities
  • The unwelcome use of sexually degrading language,
    jokes or innuendoes
  • Unwelcome suggestive or insulting sounds or
    whistles obscene phone calls.

12
2
  • Implicit or explicit offers of employment or
    academic rewards for submission to sexual
    advances.
  • 3
  • Unwelcome and inappropriate touching, patting, or
    pinching obscene gestures.

13
4
  • Sexually suggestive objects, pictures,
    videotapes, audio recordings or literature placed
    in the work or study area that may embarrass or
    offend reasonable persons applying contemporary
    community standards. Such material when used in
    an educational setting should be related to
    educational purposes.

14
5
  • Threats or insinuations that a person's
    employment, wages, academic goals, promotional
    opportunities, classroom or work assignments or
    other conditions of employment of academic life
    may be adversely affected by not submitting to
    sexual advances.

15
6
  • Unwelcome verbal expressions of a sexual nature,
    including graphic sexual commentaries about a
    person's body, dress, appearance, or sexual
    activities the unwelcome use of sexually
    degrading language, jokes or innuendoes
    unwelcome suggestive or insulting sounds or
    whistles obscene phone calls.

16
7
  • Consensual sexual relationships where such
    relationships lead to favoritism of a student or
    subordinate employee with whom the teacher or
    superior is sexually involved and where such
    favoritism adversely affects other students
    and/or employees.
  • Potential pitfalls include
  • Power differential
  • Age issues
  • Conflict of Interest
  • Potential for abuse and exploitation is high
  • Potential for retaliation when the relationship
    ends
  • Claims of favoritism by third parties

17
7 Continued
  • Board of Regents policy on consensual
    relationships (Board of Regents Policy 91-8)
    discourages sexual or romantic relationships
    between persons in positions of unequal power and
    authority.

18
Who Can Be A Victim or Perpetrator?
19
Anyone!!!
  • Faculty, Staff, Student, Contractor, Visitor
  • Male, Female
  • Man vs. Man
  • Woman vs. Woman

20
Is it Really Sexual Harassment?
  • Is the conduct unwelcome (reasonable person
    standard) ?
  • Does the conduct affect the working environment
    or academic performance ?
  • How frequent and severe is the unwelcome conduct?
  • Was the conduct physically threatening or
    humiliating, or simply offensive words?
  • Is the harasser victim's supervisor or is there a
    power differential?

21
Intent is Irrelevant
  • The conduct is evaluated from the victim's
    perspective. Many offenders may be completely
    unaware of how their actions are being perceived.
  • Courts have often applied a "reasonable woman (or
    person) standard," asking whether a reasonable
    woman (person) would have found the conduct in
    question so severe and pervasive that it created
    a hostile environment.

22
Who Can File A Complaint
  • The victim
  • A co-worker
  • A third party

23
Handling the Sexual Harassment Complaint
  • Take the report seriously.
  • Listen, sympathize, but dont judge.
  • Dont delay.
  • Respond to concerns.
  • Document.
  • Follow up on the complaint.
  • Avoid using dangerous words.

24
Dangerous Words
  • When responding to a complaint, be careful that
    these words dont come out of your mouth
  • Its just teasingno big deal.
  • The people in our school would never do
  • I know he/she didnt mean anything like that.
  • You need to learn to handle these things.
  • Just ignore it.
  • He puts his arms around everyone.
  • Why cant you learn to accept a compliment?
  • (cont)

25
Dangerous Words
  • You must have wanted it, otherwise you would have
    told him no.
  • Thats how they do things where he/she comes
    from.
  • Its just a joke. Lighten up.
  • No ones filed a charge so our hands are tied.
  • Weve never had a complaint, so we dont have a
    problem.
  • This kind of behavior is all part of growing up.
  • If we had to discipline every student who used
    bad language wed never get anything else done.
  • Its just a prank that got out of hand.

26
Filing a SH Complaint
  • You may file a complaint with any of the
    following personnel/offices
  • Your immediate supervisor
  • Any other supervisor within the direct chain of
    command
  • UWGB Department of Affirmative Action (ES 107)
  • Dean of Students Office (SS 2000)
  • Wisconsin Department of Workforce Development -
    Equal Rights Division
  • Equal Employment Opportunity Commission

27
Investigation Options
  • Formal Procedures
  • Investigation Always required
  • Hearing or other due process proceeding Yes
  • Outcomes If harassment is found a variety of
    sanctions may be applied
  • Informal Procedures
  • Investigation Complainant and alleged harasser
    may be interviewed, but usually not extensive
    investigation is necessary
  • Hearing or other due process proceeding No
  • Outcomes Generally, harassment stops (or formal
    processing of complaint is launched). Outcomes
    may include apology, promise not to repeat
    behavior, transfer of one party, voluntary
    resignation of alleged harasser

28
Retaliation
  • It is unlawful to retaliate against an employee
    for reporting sexual harassment, filing a
    complaint or participating in an investigation of
    sexual harassment. This protection applies even
    if the allegation of sexual harassment ultimately
    turns out to be unsupported.

29
Universitys Commitment
  • The University has an obligation to act when it
    learns of or receives complaints of Sexual
    Harassment!!
  • The full Policy is online at
  • http//www.uwgb.edu/hr/Policies/SexualHarassement
    /sexualharass.htm

30
QUESTIONS
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