Workplace Harassment Prevention Training Overview
Presented by the Employee Assistance Program of the College of the Holy Cross
Trainer: Martha Deering , MA, CAGS, CRC, LADC-I/CADC-II & Page Kohlhepp, JD,
LICSW
S
c
o
p
e
o
f
C
o
u
r
s
e
•
Workplace harassment
•
Inappropriate conduct
•
Sexual harassment
•
Bullying
W
h
a
t
W
i
l
l
W
e
L
e
a
r
n
?
•
Recognition
o
Illegal harassment vs. inappropriate conduct
•
Prevention
o
All types of harassment
and
inappropriate conduct
•
Know it when you see it.
•
Know what to do about it.
•
Understand your role.
•
Know how and when to react to it.
W
h
a
t
i
s
W
o
r
k
p
l
a
c
e
H
a
r
a
s
s
m
e
n
t
?
Conduct that degrades or shows hostility or aversion toward
an individual because of his or her protected status, or that
of his or her relatives, friends, or associates, and that:
(1) Has the purpose or effect of creating an intimidating, hostile, or
offensive work/education environment;
(2) Has the purpose or effect of unreasonably interfering with an
individual’s work/academic performance; or
(3) Otherwise adversely affects an individual’s
employment/education opportunity
W
o
r
k
p
l
a
c
e
H
a
r
a
s
s
m
e
n
t
•
Must be subjectively and objectively offensive to a
reasonable person
•
Must be severe and pervasive
•
Employee/student need not communicate objection to
demonstrate its unwelcomeness. Employee’s/student’s
rejection of or failure to respond positively may
demonstrate unwelcomeness.
W
o
r
k
p
l
a
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e
H
a
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a
s
s
m
e
n
t
:
C
a
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e
g
o
r
i
e
s
•
Quid Pro Quo (usually involves power differential):
o
Behavior is unwelcome
o
Protected group/status
o
Subjected to unlawful harassment based on sex or other
protected status
o
Harassment affected aspects/terms of
employment/education – i.e., “fired”, “failed”
o
Submission is used:
•
As term of employment /education
•
To make decisions that affect the employee/student
W
o
r
k
p
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e
H
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:
C
a
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e
g
o
r
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e
s
•
Environment (Hostile Work Place) [general]
o
Environment is tainted with sex, gender based, and/or other
protected status discrimination such that the terms,
conditions or privileges of employment/education are
adversely affected.
•
Unwelcome in nature
•
Gender or protected status was the cause of harassment
•
Had the effect/purpose of creating an intimidating, hostile,
humiliating or sexually offensive work/education environment
•
Interfered with work/education; altered the terms or conditions
of employment/education
U
n
p
l
e
a
s
a
n
t
B
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A
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s
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D
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c
r
i
m
i
n
a
t
i
o
n
•
Individuals often use the phrase “hostile environment” to
describe any condition they find unpleasant.
•
Law does not require work/school to be an “idyllic
retreat”.
•
Threshold questions under law:
o
Are all employees/students treated consistently?
o
If conditions are inconsistent, is inconsistency related to
protected characteristic, such as race or sex?
W
h
y
I
s
H
a
r
a
s
s
m
e
n
t
P
r
o
h
i
b
i
t
e
d
?
•
Legal obligation
•
College values, policies
•
Reputation
•
Morale
•
Productivity
L
e
g
a
l
B
a
s
i
s
State and federal law prohibits employers from
discriminating against employees based on their
protected status/group:
Title VII of the Civil Rights Act of 1964 and 1991
Age Discrimination in Employment Act of 1967 (ADEA)
Americans with Disabilities Act of 1990 and 2008 (ADA)
Genetic Information Nondiscrimination Act of 2008(GINA)
Title IX of the Education Amendments of 1972 – recently
updated – check your policies
C
i
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h
t
s
A
c
t
o
f
1
9
6
4
/
1
9
9
1
•
Title VII imposes a duty on employers to guard
against harassment and to take effective steps when
a violation of the Act occurs, such as proven,
effective means by which an employee can report
complaints.
•
Prompt action: hours, rather than days, and days,
rather than weeks.
•
Sufficient awareness of the civil and private rights of
the accused.
T
i
t
l
e
I
X
•
Title IX of the Education Amendments of 1972 (revised
2014) prohibits discrimination on the basis of sex in
education programs and activities receiving Federal
financial assistance. Sexual harassment of students can
be a form of discrimination prohibited by Title IX.
•
Requires written policies and wide dissemination of
policies, training, specialized reporting
•
Applies to everyone on campus
•
Forbids retaliation
•
Requires Title IX Coordinator
S
t
u
d
e
n
t
-
t
o
-
S
t
u
d
e
n
t
I
s
s
u
e
s
•
Students of all ages
•
Wide range of physical and verbal behaviors
•
School officials often uncertain when and how to
respond
•
School Districts & Higher Education are being held
responsible
P
r
o
t
e
c
t
e
d
C
a
t
e
g
o
r
i
e
s
I
n
c
l
u
d
e
:
•
Gender
•
Gender identity/
Transgender (state)
•
Sexual orientation (state)
•
Genetics
•
Race
•
Religion
•
Color
•
Ethnicity
•
Marital/pregnancy status
•
Age
•
Disability
•
National origin
•
Military or veteran status
•
Perception
of any of the
above
•
Massachusetts Criminal
Harassment Law
D
i
s
c
r
i
m
i
n
a
t
i
o
n
I
n
c
l
u
d
e
s
.
.
.
•
Treating employees/students differently with respect to
any term or condition of employment/education based
on their protected characteristic.
•
Harassing employees/students or allowing
employees/students to be harassed based on their
protected characteristic.
S
o
u
r
c
e
s
.
.
.
•
Employee/Student Manual
•
Policies: Sexual Harassment, Workplace
Harassment, Bullying, Respectful Workplace, etc.
•
Human Resources Department
•
Deans, managers
W
h
y
D
o
e
s
H
a
r
a
s
s
m
e
n
t
O
c
c
u
r
?
•
Not about sex, religion, race, etc.
•
Abuse of power
•
Intimidation
R
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p
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t
f
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l
W
o
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k
p
l
a
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e
P
o
l
i
c
y
•
“Holy Cross Prides itself as a community [where]…
each individual is entitled to respectful treatment from
others in an environment free from harassment. …
The goal of this policy is … to transcend legal
considerations and appeal to principles governing
honorable behavior in a just and principled community.
… Holy Cross seeks to build a community marked by
freedom, mutual respect and civility…”
H
o
l
y
C
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&
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P
o
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y
•
“Each person has the right to work and be educated in an
atmosphere that is free from discrimination and
harassment… This policy is neither designed nor
intended to limit the College’s authority to discipline or
take remedial action for conduct which is deemed
unacceptable, regardless of whether that conduct
satisfies the legal definition off harassment.”
W
h
e
r
e
D
o
e
s
B
u
l
l
y
i
n
g
F
i
t
i
n
?
•
Bullying may/may not be inappropriate conduct.
•
Inappropriate conduct that
may
rise to the level of
illegal conduct.
•
Core concept: Repeated, persistent, unwelcome,
intrusive, health-threatening behavior of one person
by another in work or work related circumstances.
•
Risk of being bullied: 1 in 6
o
Issues: No specific laws, few policies, denial, societal
acceptance
B
u
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l
y
i
n
g
B
e
h
a
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i
o
r
s
:
E
x
a
m
p
l
e
s
•
Making threats about job security/grades with no
basis
•
Constant criticism, especially unwarranted
•
Deliberately undermining through overloading,
refusal to make equipment/information available
•
Silent treatment, isolation
B
u
l
l
y
i
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g
B
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a
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s
:
E
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p
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s
c
o
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t
i
n
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e
d
•
Making up rules “on the fly”
•
Starting or failing to stop destructive
rumors/gossip
•
Different rules for target
•
Screaming
•
Post complaint retaliation
M
A
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.
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c
2
6
5
,
s
4
3
A
•
Willfully and maliciously
•
Pattern of conduct or
series of acts directed at a
specific person
•
OR
one act that in force,
threat or distress causes
a person to involuntarily
engage in sexual relations
•
Seriously alarms that
person and would cause a
reasonable person to
suffer substantial
emotional distress
•
Includes acts committed
by mail, telephone,
telephonic device, email
and internet
A
n
A
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P
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O
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s
(
G
.
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.
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.
2
5
8
E
)
A new law that allows victims of stalking, sexual assault
and/or harassment to obtain a harassment order against
his/her perpetrator.
•
A victim is not required to pay a filing fee.
•
A victim does not need legal representation.
•
Victim must demonstrate “harassment”.
•
While obtaining the harassment order is a civil process, a
violation of the harassment order is criminally enforceable.
•
No relationship with perpetrator is required.
W
h
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t
i
s
S
e
x
u
a
l
H
a
r
a
s
s
m
e
n
t
?
•
Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature
when:
•
(a) Submission to such conduct is made either explicitly
or implicitly a term or condition of employment or as a
basis for employment/education decisions or
•
(b) Such requests or conduct have the purpose or effect
of unreasonably interfering with an individual’s
work/academic performance by creating an intimidating,
hostile, humiliating, or sexually offensive work/academic
environment.
S
o
m
e
D
i
s
t
u
r
b
i
n
g
S
t
a
t
i
s
t
i
c
s
•
1993 Louis Harris & Associates study for the American
Association of University Women (AAUW).
•
1,632 field surveys - students, grades 8 -11, from 79 school
systems across the U.S.
•
81% had experienced some form of sexual harassment.
•
First sexual harassment experience was most likely to occur
in the middle school/junior high school years.
•
The two most common forms of harassment were:
o
1) sexual comments, jokes, gestures or looks
o
2) being touched, grabbed, or pinched in a sexual way.
D
i
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t
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r
b
i
n
g
S
t
a
t
i
s
t
i
c
s
•
2064 public school students
•
83% of female students reported being sexually harassed
during school career
•
79% of male students reported being sexually harassed
during school career
•
A recent similar survey of college students still showed
almost 70% of students experienced some form of sexual
harassment.
~
2
0
0
1
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(
A
A
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W
)
.
S
t
a
t
i
s
t
i
c
s
•
EEOC reports:
•
15,000 claims of sexual harassment/year
•
40-60% of women experience sexual harassment in
the workplace
•
16% of men report sexual harassment in the
workplace
L
e
v
e
l
s
o
f
S
e
x
u
a
l
H
a
r
a
s
s
m
e
n
t
•
Gender harassment
•
Seductive behavior
•
Sexual bribery
•
Sexual coercion
•
Sexual imposition
W
h
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t
I
s
I
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v
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i
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S
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x
u
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H
a
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a
s
s
m
e
n
t
?
•
The harassment can be physical (touching, kissing),
verbal (lewd jokes, sexual comments), and visual
(pornographic materials).
•
The conduct must be sexual in nature.
•
The conduct must be severe and/or pervasive.
•
The conduct must be unwelcome. NOTE: An
employee/student need not communicate objection to
the conduct to demonstrate its unwelcomeness.
•
The conduct must be both subjectively and objectively
offensive.
•
Can occur between or within genders.
W
h
a
t
I
s
I
n
v
o
l
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e
d
i
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S
e
x
u
a
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H
a
r
a
s
s
m
e
n
t
?
•
Conduct need not be
motivated by sexual desire
to be actionable.
•
Acceptance/submission is
made explicitly or implicitly
a term or condition of
employment/education.
•
Individual’s response to
conduct is used as a basis
for decisions impacting the
employee/student.
•
The harasser: supervisor,
supervisor in other area, co-
worker, professor, student,
contractor, manager, non-
employee
•
Victim does not have to be
the person targeted
•
Economic injury to the
victim not required
W
h
a
t
D
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t
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r
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i
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“
U
n
w
e
l
c
o
m
e
”
?
•
When the target says so!
•
Is there an equal level of initiation and participation
in the behavior?
•
Can it be fairly said that there is equal economic
power between the people involved?
R
e
c
o
g
n
i
z
i
n
g
H
a
r
a
s
s
m
e
n
t
•
VERBAL……
•
Telling sexual stories or jokes and using “four-letter”
obscenities.
•
Using such terms as sweetie, doll, honey, dearie, babe.
•
Making sexual comments and innuendoes about a
person’s body or appearance.
•
Probing into a person’s sexual experience or preferences.
•
Making suggestive sounds or whistling at a person.
•
Stereotyping (older people lack energy, “they” are all
stupid)
A
v
o
i
d
i
n
g
O
f
f
e
n
s
i
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e
S
p
e
e
c
h
/
A
c
t
i
o
n
•
Would you say/do it in front of your spouse/domestic
partner, parent or child?
•
Would you say/do it if you were going to be quoted in
the paper?
•
Would you say/do it the same way, or behave the
same way – regardless of the other’s protected
status?
•
Why does it need to be said/done at all?
N
o
n
v
e
r
b
a
l
.
.
.
•
Leering and ogling suggestively at a person
•
Following a person or blocking their way
•
Showing a sexually explicit picture, cartoon or other
visual
•
Making suggestive gestures or body movements
•
Sending unwanted notes or other written material
•
Giving unwanted personal gifts
P
h
y
s
i
c
a
l
.
.
.
•
Touching a person’s clothing or hair
•
Massaging a person’s neck or shoulders
•
Leaning over, standing too close to, or brushing up
against a person; invading their space
•
Kissing, caressing or pinching a person
E
f
f
e
c
t
s
o
f
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,
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s
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p
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…
.
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…
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a
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P
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a
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L
i
a
b
i
l
i
t
y
•
The law holds individuals, as well as employers,
liable for discrimination.
•
Holy Cross policies hold individuals responsible.
•
To determine if you acted in good faith, did you:
•
Put the College’s interest ahead of individual interest?
•
Follow College policy?
•
Obtain your supervisor’s approval of a course of
action?
•
Consult College experts and follow their advice?
G
e
n
e
r
a
l
G
u
i
d
e
l
i
n
e
s
f
o
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D
e
a
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g
W
i
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a
C
o
m
p
l
a
i
n
t
:
S
u
p
e
r
v
i
s
o
r
s
•
Listen to the complaint carefully without judging.
Explain the process.
•
Protect privacy.
•
Document everything.
•
Allegation/claim ≠ fact
•
For violations, contact:
o
Supervisor
o
Director of Human Resources X3391
o
Director of Administrative Services/Affirmative Action
Officer X3423
G
e
n
e
r
a
l
G
u
i
d
e
l
i
n
e
s
-
c
o
n
t
i
n
u
e
d
To file a complaint (formal/informal), contact:
•
Against students:
o
Vice President for Student Affairs/Dean of Students
X2414
•
Against teaching faculty:
o
Vice President for Academic Affairs/Dean of the
College X2541
•
Against administrators:
o
Appropriate divisional contact – see policies (page 30)
for more details
G
e
n
e
r
a
l
G
u
i
d
e
l
i
n
e
s
f
o
r
D
e
a
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i
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g
W
i
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h
a
C
o
m
p
l
a
i
n
t
:
H
a
r
a
s
s
m
e
n
t
O
f
f
i
c
e
r
•
Listens to the complaint
carefully without judging.
•
Explains the process.
•
Protects privacy.
•
Interviews accused party
and relevant others.
•
Determines credibility of
allegation and takes
appropriate action.
•
Documents the entire
process. Does follow up.
•
Checks Harassment
Policies for specifics.
•
Even where an
organization may not be
directly responsible for all
harassing conduct, they
are required to take
appropriate responsive
action.
W
h
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A female employee wears tight T-shirts, low cut jeans
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A group of employees consisting of two women and
four men have an on-site celebration at the end of the
work day to celebrate a group member’s birthday. One
of the men tells a joke with sexual overtones.
Everyone laughs except one of the women, who is
quite offended. When she says so, everyone tells her
she is “too uptight” and she needs to “lighten up.”
3. An employee who is an immigrant from another country has
reported that a group of employees consistently makes
broad generalizations and uses phrases, the least offensive
of which is, “You people,” when addressing him. He has
asked them to address him by his name on several
occasions.
4. A student uses his/her cell in public campus locations for
graphic personal conversations about his/her intimate
relationships. These conversations can be overheard by
employees, students, and visitors.
5. An employee, new to the University, complains to a
supervisor that another employee has been leaving
suggestive notes and cartoons in his locker and in his
work area. He states that he doesn’t want to involve
Human Resources or upper management, and that he
can handle the situation.
6. Jill and Mike, work study students, have jobs in your
area. Both believe the manager treats them differently
than the rest of the staff. The manager constantly points
out their mistakes or criticizes them, while leaving alone
others who make as many mistakes. The manager has
yelled profanities at them in front of staff, students, and
the public.
7. Josh was overweight as a child but is now in really
good shape. Lori, his co-worker has said four times
that he has a very nice butt.
8. A female employee confides in you that her new
supervisor yells at her, leans over her, frequently tells
her she is useless. Today, she learned that this
supervisor has had similar behaviors with other
employees, as well as students.
9. In a faculty lounge, a faculty member reportedly makes
derogatory remarks about gays and lesbians, and has
denounced gay marriages as “unnatural” and “against
the laws of nature.”
10. Jim, a student intern, complains to the director that
Hector, one of the supervisors, periodically rubs against
him, simulating sex with his clothes on. Hector has done
this with many of the young staff, both male and female.
The director takes no action and says, “Oh, it’s just
hazing, it’s just teasing, you can’t take it seriously. He
does this with everyone.”
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Workplace harassment prevention training presented by the Employee Assistance Program of the College of the Holy Cross covers recognizing illegal harassment vs. inappropriate conduct, understanding all forms of workplace harassment, and knowing how to react and prevent such behaviors effectively. The course explores the definition of workplace harassment, its impact on individuals, and the different categories such as Quid Pro Quo and Hostile Work Environment. Participants will learn about the importance of creating a respectful work environment and responding appropriately to harassment incidents.
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Preventing Workplace Harassment Presented by the Employee Assistance Program of the College of the Holy Cross Trainer: Martha Deering , MA, CAGS, CRC, LADC-I/CADC-II & Page Kohlhepp, JD, LICSW
Scope of Course Workplace harassment Inappropriate conduct Sexual harassment Bullying
What Will We Learn? Recognition o Illegal harassment vs. inappropriate conduct Prevention o All types of harassment and inappropriate conduct Know it when you see it. Know what to do about it. Understand your role. Know how and when to react to it.
What is Workplace Harassment? Conduct that degrades or shows hostility or aversion toward an individual because of his or her protected status, or that of his or her relatives, friends, or associates, and that: (1) Has the purpose or effect of creating an intimidating, hostile, or offensive work/education environment; (2) Has the purpose or effect of unreasonably interfering with an individual s work/academic performance; or (3) Otherwise adversely affects an individual s employment/education opportunity
Workplace Harassment Must be subjectively and objectively offensive to a reasonable person Must be severe and pervasive Employee/student need not communicate objection to demonstrate its unwelcomeness. Employee s/student s rejection of or failure to respond positively may demonstrate unwelcomeness.
Workplace Harassment: Categories Quid Pro Quo (usually involves power differential): o Behavior is unwelcome o Protected group/status o Subjected to unlawful harassment based on sex or other protected status o Harassment affected aspects/terms of employment/education i.e., fired , failed o Submission is used: As term of employment /education To make decisions that affect the employee/student
Workplace Harassment: Categories Environment (Hostile Work Place) [general] o Environment is tainted with sex, gender based, and/or other protected status discrimination such that the terms, conditions or privileges of employment/education are adversely affected. Unwelcome in nature Gender or protected status was the cause of harassment Had the effect/purpose of creating an intimidating, hostile, humiliating or sexually offensive work/education environment Interfered with work/education; altered the terms or conditions of employment/education
Unpleasant Behavior is not Always Unlawful Discrimination Individuals often use the phrase hostile environment to describe any condition they find unpleasant. Law does not require work/school to be an idyllic retreat . Threshold questions under law: o Are all employees/students treated consistently? o If conditions are inconsistent, is inconsistency related to protected characteristic, such as race or sex?
Why Is Harassment Prohibited? Legal obligation College values, policies Reputation Morale Productivity
Legal Basis State and federal law prohibits employers from discriminating against employees based on their protected status/group: Title VII of the Civil Rights Act of 1964 and 1991 Age Discrimination in Employment Act of 1967 (ADEA) Americans with Disabilities Act of 1990 and 2008 (ADA) Genetic Information Nondiscrimination Act of 2008(GINA) Title IX of the Education Amendments of 1972 recently updated check your policies
Civil Rights Act of 1964/1991 Title VII imposes a duty on employers to guard against harassment and to take effective steps when a violation of the Act occurs, such as proven, effective means by which an employee can report complaints. Prompt action: hours, rather than days, and days, rather than weeks. Sufficient awareness of the civil and private rights of the accused.
Title IX Title IX of the Education Amendments of 1972 (revised 2014) prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance. Sexual harassment of students can be a form of discrimination prohibited by Title IX. Requires written policies and wide dissemination of policies, training, specialized reporting Applies to everyone on campus Forbids retaliation Requires Title IX Coordinator
Student-to-Student Issues Students of all ages Wide range of physical and verbal behaviors School officials often uncertain when and how to respond School Districts & Higher Education are being held responsible
Protected Categories Include: Gender Gender identity/ Transgender (state) Sexual orientation (state) Genetics Race Religion Color Ethnicity Marital/pregnancy status Age Disability National origin Military or veteran status Perception of any of the above Massachusetts Criminal Harassment Law
Discrimination Includes . . . Treating employees/students differently with respect to any term or condition of employment/education based on their protected characteristic. Harassing employees/students or allowing employees/students to be harassed based on their protected characteristic.
Sources . . . Employee/Student Manual Policies: Sexual Harassment, Workplace Harassment, Bullying, Respectful Workplace, etc. Human Resources Department Deans, managers
Why Does Harassment Occur? Not about sex, religion, race, etc. Abuse of power Intimidation
Respectful Workplace Policy Holy Cross Prides itself as a community [where] each individual is entitled to respectful treatment from others in an environment free from harassment. The goal of this policy is to transcend legal considerations and appeal to principles governing honorable behavior in a just and principled community. Holy Cross seeks to build a community marked by freedom, mutual respect and civility
Holy Cross Sexual & Discriminatory Harassment Policy Each person has the right to work and be educated in an atmosphere that is free from discrimination and harassment This policy is neither designed nor intended to limit the College s authority to discipline or take remedial action for conduct which is deemed unacceptable, regardless of whether that conduct satisfies the legal definition off harassment.
Where Does Bullying Fit in? Bullying may/may not be inappropriate conduct. Inappropriate conduct that may rise to the level of illegal conduct. Core concept: Repeated, persistent, unwelcome, intrusive, health-threatening behavior of one person by another in work or work related circumstances. Risk of being bullied: 1 in 6 o Issues: No specific laws, few policies, denial, societal acceptance
Bullying Behaviors: Examples Making threats about job security/grades with no basis Constant criticism, especially unwarranted Deliberately undermining through overloading, refusal to make equipment/information available Silent treatment, isolation
Bullying Behaviors: Examples continued Making up rules on the fly Starting or failing to stop destructive rumors/gossip Different rules for target Screaming Post complaint retaliation
MA Criminal Harassment Law G.L. c265, s43A Willfully and maliciously Pattern of conduct or series of acts directed at a specific person OR one act that in force, threat or distress causes a person to involuntarily engage in sexual relations Seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress Includes acts committed by mail, telephone, telephonic device, email and internet
An Act Relative to Harassment Prevention Orders (G.L. c. 258E) A new law that allows victims of stalking, sexual assault and/or harassment to obtain a harassment order against his/her perpetrator. A victim is not required to pay a filing fee. A victim does not need legal representation. Victim must demonstrate harassment . While obtaining the harassment order is a civil process, a violation of the harassment order is criminally enforceable. No relationship with perpetrator is required.
What is Sexual Harassment? Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment/education decisions or (b) Such requests or conduct have the purpose or effect of unreasonably interfering with an individual s work/academic performance by creating an intimidating, hostile, humiliating, or sexually offensive work/academic environment.
Some Disturbing Statistics 1993 Louis Harris & Associates study for the American Association of University Women (AAUW). 1,632 field surveys - students, grades 8 -11, from 79 school systems across the U.S. 81% had experienced some form of sexual harassment. First sexual harassment experience was most likely to occur in the middle school/junior high school years. The two most common forms of harassment were: o 1) sexual comments, jokes, gestures or looks o 2) being touched, grabbed, or pinched in a sexual way.
Disturbing Statistics 2064 public school students 83% of female students reported being sexually harassed during school career 79% of male students reported being sexually harassed during school career A recent similar survey of college students still showed almost 70% of students experienced some form of sexual harassment. ~ 2001 Louis Harris & Associates study for the American Association of University Women (AAUW).
Statistics EEOC reports: 15,000 claims of sexual harassment/year 40-60% of women experience sexual harassment in the workplace 16% of men report sexual harassment in the workplace
Levels of Sexual Harassment Gender harassment Seductive behavior Sexual bribery Sexual coercion Sexual imposition
What Is Involved in Sexual Harassment? The harassment can be physical (touching, kissing), verbal (lewd jokes, sexual comments), and visual (pornographic materials). The conduct must be sexual in nature. The conduct must be severe and/or pervasive. The conduct must be unwelcome. NOTE: An employee/student need not communicate objection to the conduct to demonstrate its unwelcomeness. The conduct must be both subjectively and objectively offensive. Can occur between or within genders.
What Is Involved in Sexual Harassment? The harasser: supervisor, supervisor in other area, co- worker, professor, student, contractor, manager, non- employee Victim does not have to be the person targeted Economic injury to the victim not required Conduct need not be motivated by sexual desire to be actionable. Acceptance/submission is made explicitly or implicitly a term or condition of employment/education. Individual s response to conduct is used as a basis for decisions impacting the employee/student.
What Determines If Conduct Is Unwelcome ? When the target says so! Is there an equal level of initiation and participation in the behavior? Can it be fairly said that there is equal economic power between the people involved?
Recognizing Harassment VERBAL Telling sexual stories or jokes and using four-letter obscenities. Using such terms as sweetie, doll, honey, dearie, babe. Making sexual comments and innuendoes about a person s body or appearance. Probing into a person s sexual experience or preferences. Making suggestive sounds or whistling at a person. Stereotyping (older people lack energy, they are all stupid)
Avoiding Offensive Speech/Action Would you say/do it in front of your spouse/domestic partner, parent or child? Would you say/do it if you were going to be quoted in the paper? Would you say/do it the same way, or behave the same way regardless of the other s protected status? Why does it need to be said/done at all?
Nonverbal... Leering and ogling suggestively at a person Following a person or blocking their way Showing a sexually explicit picture, cartoon or other visual Making suggestive gestures or body movements Sending unwanted notes or other written material Giving unwanted personal gifts
Physical... Touching a person s clothing or hair Massaging a person s neck or shoulders Leaning over, standing too close to, or brushing up against a person; invading their space Kissing, caressing or pinching a person
Effects of Harassment, Sexual Harassment & Bullying Psychological Effects Effects Physiological Career-Related Effects Depression, anxiety, shock, denial Anger, fear, frustration Insecurity, embarrassment, betrayal Confusion, powerlessness Shame, self- consciousness Guilt, self-blame, isolation Headaches Lethargy Gastrointestinal distress Dermatological reactions Weight fluctuations Sleep disturbances, nightmares Phobias, panic reactionsSexual problems Decreased job satisfaction Unfavorable performance evaluations Loss of job promotion Drop in academic or work performance due to stress Absenteeism Withdrawal from work or school
The employer. Managers/administrators, Deans, department heads, boards committees, etc. The Harasser . employees, managers, faculty, students, supervisors, visitors, independent contractors, etc. Third Parties . anyone aiding, abetting, inciting, compelling, coercing; or deliberate indifference Responsibility for Harassment Who s Liable?
Personal Liability The law holds individuals, as well as employers, liable for discrimination. Holy Cross policies hold individuals responsible. To determine if you acted in good faith, did you: Put the College s interest ahead of individual interest? Follow College policy? Obtain your supervisor s approval of a course of action? Consult College experts and follow their advice?
General Guidelines for Dealing With a Complaint : Supervisors Listen to the complaint carefully without judging. Explain the process. Protect privacy. Document everything. Allegation/claim fact For violations, contact: o Supervisor o Director of Human Resources X3391 o Director of Administrative Services/Affirmative Action Officer X3423
General Guidelines - continued To file a complaint (formal/informal), contact: Against students: o Vice President for Student Affairs/Dean of Students X2414 Against teaching faculty: o Vice President for Academic Affairs/Dean of the College X2541 Against administrators: o Appropriate divisional contact see policies (page 30) for more details
General Guidelines for Dealing With a Complaint: Harassment Officer Listens to the complaint carefully without judging. Explains the process. Protects privacy. Interviews accused party and relevant others. Determines credibility of allegation and takes appropriate action. Documents the entire process. Does follow up. Checks Harassment Policies for specifics. Even where an organization may not be directly responsible for all harassing conduct, they are required to take appropriate responsive action.
What Can The Target Of Harassment Do? Tell harasser to stop! Be sure that you know your policies and procedures. Report the harassment immediately to one of your Harassment/Bullying Officers. Talk to a friend. Document everything: oPersonal log, evidence, record of action taken, phone calls, witness statements
What Can The Target Of Harassment Do? Know your rights under your policies, your state s harassment/sexual harassment law, and the federal laws prohibiting harassment/sexual harassment. Massachusetts Criminal Harassment (MGL c265, s43A) and Harassment Prevention (MGL c.258E) laws.
What Can The Target Of Harassment Do? If warranted, file a complaint with: o U.S. Equal Employment Opportunity Commission (EEOC 300 days) JFK Federal Building, 475 Government Center, Boston, MA 02203 (800)669-4000 o Massachusetts Commission Against Discrimination (MCAD- 6 months), 1 Ashburton Place, Boston, MA (617)994-6000 o Office for Civil Rights, US Dept. of Education, 8th floor, 5 Post Office Square, Boston, MA 02109-3921 (617)289-0111
What Can We All Do to Prevent Harassment? Respect differences. Communicate concerns. Never take the position that the anyone should simply learn to cope with or ignore the harassment!!
1. A female employee wears tight T-shirts, low cut jeans and jeans with revealing holes to work; some of her male peers make sexual comments and jokes about her. 2. A group of employees consisting of two women and four men have an on-site celebration at the end of the work day to celebrate a group member s birthday. One of the men tells a joke with sexual overtones. Everyone laughs except one of the women, who is quite offended. When she says so, everyone tells her she is too uptight and she needs to lighten up.
3. An employee who is an immigrant from another country has reported that a group of employees consistently makes broad generalizations and uses phrases, the least offensive of which is, You people, when addressing him. He has asked them to address him by his name on several occasions. 4. A student uses his/her cell in public campus locations for graphic personal conversations about his/her intimate relationships. These conversations can be overheard by employees, students, and visitors.
5. An employee, new to the University, complains to a supervisor that another employee has been leaving suggestive notes and cartoons in his locker and in his work area. He states that he doesn t want to involve Human Resources or upper management, and that he can handle the situation.
