DEFINITION OF
Download
1 / 45

DEFINITION OF SEXUAL HARASSMENT - PowerPoint PPT Presentation


  • 174 Views
  • Updated On :

DEFINITION OF SEXUAL HARASSMENT. A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: A person’s job, pay, or career placed at risk

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'DEFINITION OF SEXUAL HARASSMENT' - elwyn


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Slide1 l.jpg

DEFINITION OF

SEXUAL HARASSMENT

  • A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

    • A person’s job, pay, or career placed at risk

    • An employee’s employment or career placed in jeopardy

    • It creates an intimidating, hostile, or offensive work environment

Viewgraph #22-1


Slide2 l.jpg

QUID PRO QUO

  • Latin term meaning, “this for that”

  • Conditions placed upon a person’s career or terms of employment in return for sexual favors

  • Promises of career advancement, promotions, and other benefits, should the victim give-in to the sexual advances

Viewgraph #22-2


Slide3 l.jpg

HOSTILE ENVIRONMENT

  • Offensive

  • Unwanted

  • Unsolicited comments and/or behaviors of a sexual nature

Viewgraph #22-3


Slide4 l.jpg

RELATED ELEMENTS OF

SEXUAL HARASSMENT

  • IMPACT vs INTENT

  • Reasonable person standard

Viewgraph #22-4


Slide5 l.jpg

SEXUAL HARASSMENT

BEHAVIORS

  • Verbal comments

  • Nonverbal gestures

  • Physical contact

Viewgraph #22-5


Slide6 l.jpg

SEXUAL HARASSMENT

CHECKLIST

  • Is the behavior sexual in nature?

  • Is the behavior unwelcome

  • Does the behavior create a hostile or offensive environment?

  • Have sexual favors been demanded, requested, or suggested?

Viewgraph #22-6


Slide7 l.jpg

VICTIM IMPACT

  • Interferes with work performance

  • Creates a hostile environment

  • Stress

  • Fear and anxiety (quid pro quo)

  • Less productive

Viewgraph #22-7


Slide8 l.jpg

TECHNIQUES TO DEAL

WITH SEXUAL HARASSMENT

  • Direct approach

  • Indirect approach

  • Third party

  • A letter or memorandum

  • Chain of command

  • File a formal complaint

Viewgraph #22-8


Slide9 l.jpg

REPERCUSSIONS OF

SEXUAL HARASSMENT

  • Administrative actions

  • Mandatory counseling

  • Additional training

  • Denial of certain privileges

  • Rehabilitative transfer

  • Letter of admonishment/reprimand

  • Relief for cause (OER/NCOER)

  • Adverse performance evaluation

  • Bar to reenlistment

  • Separation

Viewgraph #22-9


Slide10 l.jpg

STRATEGIES FOR COMBATING SEXUAL HARASSMENT

  • Be proactive!

  • Keep soldiers / civilians informed and educated

  • Conduct training

  • Outline procedures and policies

  • Be familiar with regulations and policies

Viewgraph #22-10


Slide11 l.jpg

ARMY TRAINING

PREVENTION OF

SEXUAL HARASSMENT

VIDEO

LEVEL 1

VIDEO SLIDE # 1


Slide12 l.jpg

POSH VIDEO

TRAINING OBJECTIVES

  • You Will Learn:

    • Army Policy On Sexual Harassment

    • Impact On Personal and Unit Performance

    • How To Recognize Sexual Harassment

VIDEO SLIDE # 2


Slide13 l.jpg

POSH VIDEO

TRAINING OBJECTIVES (Con’t)

  • You Will Learn:

    • How To Prevent Sexual Harassment

    • Informal Resolution Techniques

    • Sanctions And Laws

VIDEO SLIDE # 3


Slide14 l.jpg

DEFINITION

  • A form of sex discrimination that involves unwelcome sexual

    advances, requests for sexual favors, and other verbal, or

    physical conduct of a sexual nature, when:

    • Submission to such conduct is made either explicitly or

      implicitly a term or condition of a person’s job, pay or

      career, or,

    • Submission to or rejection of such conduct is used as a

      basis for career or employment decisions affecting that

      person, or,

    • Such conduct has the purpose or effect of unreasonably

      interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

VIDEO SLIDE #4


Slide15 l.jpg

DEFINITION (Con’t)

  • The definition of sexual harassment emphasizes that work-place conduct, to be actionable as "abusive work environment" harassment, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment is hostile or abusive.

  • Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature in the workplace is also engaging in sexual harassment.

VIDEO SLIDE #5


Slide16 l.jpg

EXAMPLES OF SEXUAL

HARASSMENT

  • Verbal:

    • Profanity, off-color jokes

    • Sexual comments, threats

    • Whistling, barking, grunts, growling, etc.

    • Passing rumors of sexual acts or involvement

VIDEO SLIDE #6


Slide17 l.jpg

EXAMPLES OF SEXUAL

HARASSMENT

  • Physical:

    • Leering, winking

    • Licking lips, displaying/giving sexually suggestive pictures or cartoons

    • Stroking, grabbing, patting, hugging, pinching, provocatively posing

    • Cornering or blocking a passageway

    • Adjusting someone’s clothing without permission

VIDEO SLIDE #7


Slide18 l.jpg

TYPES OF SEXUAL

HARASSMENT

Quid Pro Quo = “This for That”

  • Submitting to, or rejecting sexual advances or requests can not be a condition upon which a person's job, career or upcoming promotion depends.

VIDEO SLIDE #8


Slide19 l.jpg

TYPES OF SEXUAL

HARASSMENT (Con’t)

Unwelcome

  • Conduct that the soldier, family member or employee did not elicit or incite, and that he or she regards as undesirable or offensive

  • Equal initiation and participation between the alleged victim and the person he or she is interacting with

  • Some victims may feel they have no choice but to submit

  • Not necessary to state behavior is unwelcome

VIDEO SLIDE #9


Slide20 l.jpg

TYPES OF SEXUAL

HARASSMENT (Con’t)

Hostile Environment

  • Unwelcome and demeaning sexually related behavior that creates an intimidating, hostile and offensive work environment.

VIDEO SLIDE #10


Slide21 l.jpg

TYPES OF SEXUAL

HARASSMENT (Con’t)

Hostile Environment

  • Key Points:

    • Subtle

    • One incident or several

    • Intent of harasser is irrelevant

    • Perception or impact on harassed person

VIDEO SLIDE #11


Slide22 l.jpg

TYPES OF SEXUAL

HARASSMENT (Con’t)

DATING

  • When do requests for dates constitute sexual harassment?

    • When it is unwelcome

  • What constitutes unwelcome?

    • Repeatedly hearing “no” as an answer

    • What constitutes no?

VIDEO SLIDE #12


Slide23 l.jpg

TYPES OF SEXUAL

HARASSMENT (Con’t)

OBSESSIVE FOLLOWING BEHAVIOR

  • STALKING: includes actions of a person repeatedly following or harassing another person in

    a manner to induce in a reasonable person a fear of sexual battery, bodily injury or death of that person

    or a member of that person's immediate family

    • Stalking is a violation of the UCMJ

  • Obsessive behavior: such harassment can include unwanted telephone calls, uninvited visits to

    personal quarters, etc.

VIDEO SLIDE #13


Slide24 l.jpg

4 QUICK QUESTIONS

  • Was the behavior or innuendo sexual in nature?

  • Was the behavior unwelcome?

  • Does the behavior create a hostile or offensive work environment?

  • Have sexual favors been demanded, requested, or suggested--especially as a condition of employment or career and job success?

VIDEO SLIDE #14


Slide25 l.jpg

ADVICE

  • Victim of sexual harassment?

    • Contact your post's Equal Opportunity Advisor or,

    • Call the Equal Opportunity Sexual Harassment Hotline

VIDEO SLIDE #15


Slide26 l.jpg

SELF-COPING MECHANISMS

  • Denial

  • Blaming Oneself

  • Joking

  • Avoidance

  • Confrontation

VIDEO SLIDE #16


Slide27 l.jpg

INFORMAL RESOLUTION

TECHNIQUES

  • Confront the harasser

  • Use an intermediary to confront the harasser

  • Write a letter to the harasser

  • Maintain a log or diary of incidents

  • Request sexual harassment training for the unit, or

  • Report the incident

VIDEO SLIDE #17


Slide28 l.jpg

INFORMAL RESOLUTION

TECHNIQUES (Con’t)

  • Confront the harasser:

    • Maintain professional demeanor,

    • Correct behavior, do not personally attack person

    • Tell the harasser what actions you do not like,

    • Explain that the action offends you,

    • Tell the harasser to stop,

    • State that if the actions persist, you will report

      the individual

VIDEO SLIDE #18


Slide29 l.jpg

INFORMAL RESOLUTION

TECHNIQUES (Con’t)

  • Write A Letter To The Harasser:

    • write down the facts

    • explain how the inappropriate behavior makes

    • you feel

    • state what you think should happen next

    • keep a copy of the letter and mailed registration

    • receipt

    • if needed - make a formal complaint with letter

    • as proof

VIDEO SLIDE #19


Slide30 l.jpg

INFORMAL RESOLUTION

TECHNIQUES (Con’t)

  • Maintain a log or diary of incidents:

    • Make notes such as: times, dates, places, witnesses, and any actions taken to make the harasser stop

    • Keep your log out of the office

    • Do not show you log to anyone

    • Decide whether to file a complaint, using the log as evidence or destroy the log

VIDEO SLIDE #20


Slide31 l.jpg

INFORMAL RESOLUTION

TECHNIQUES (Con’t)

  • Request sexual harassment training:

    • Training to focus on sexually harassing behaviors being exhibited,

    • This is a subtle resolution technique,

    • Makes harassers aware of their inappropriate behavior.

VIDEO SLIDE #21


Slide32 l.jpg

LEGAL SANCTIONS

OFFENSEUCMJ ARTICLE

Making Sexual Comments Art 89: Disrespect Toward

Or Gestures Superior Officer,

Art 91: Insubordinate Conduct Towards A WO Or NCO,

Art 117: Provoking Speech And Gestures,

Art 134: Indecent Language,

Offering Rewards For Art 134: Bribery And Graft

Sexual Behaviors

VIDEO SLIDE #22


Slide33 l.jpg

LEGAL SANCTIONS (Con’t)

OFFENSEUCMJ ARTICLE

Threatening The Career, Job Art 127: Extortion,

Or Salary Of A Person Unless

He or She “Cooperates”

Engaging In Or Condoning Art 92: Failure To Obey An

Sexual Harassment Order Or Regulation

Behaviors Art 133: Conduct Unbecoming An Officer

Influencing Or Threatening Art 93: Cruelty And

The Career, Pay Or Job Of Maltreatment

Another Person In Exchange

For Sexual Favors

VIDEO SLIDE #23


Slide34 l.jpg

ADMINISTRATIVE SANCTIONS

  • Counseling

  • Bar To Reenlistment

  • Relief For Cause

  • Negative Performance Evaluation

VIDEO SLIDE #25


Slide35 l.jpg

ADMINISTRATIVE SANCTIONS (Con’t)

  • Letters Of Admonishment And Reprimand

  • Rehabilitative Transfer

  • Negative Performance Administrative Reduction

  • Discharge From Service

  • Denial Of Certain Privileges

VIDEO SLIDE #26


Slide36 l.jpg

WHISTLEBLOWER PROTECTION

  • Soldiers cannot be reprised against for filing a complaint of sexual harassment or unlawful discrimination

  • Soldiers must submit their complaints to DOD inspector general for investigation

  • DOD hotline:

    • CONUS: 1-800-424-9098

    • OCONUS: (703) 604-8569

VIDEO SLIDE #27


Slide37 l.jpg

REPRISAL

  • Soldiers shall be free from reprisal for making or preparing a protected communication (to include complaints of unlawful discrimination and sexual Harassment) to a member of congress, an IG, or a member of a DOD audit, inspection, investigation, or law enforcement organization or any other person or organization.

VIDEO SLIDE #28


Slide38 l.jpg

REPRISAL (Con’t)

  • Threats or acts of reprisal forbidden by army and The Department of Defense policy

  • Punishable under the UCMJ

  • Acts of reprisal can come from your co-workers of those in a supervisory position

VIDEO SLIDE #29


Slide39 l.jpg

REASONABLE PERSON STANDARD

  • In judging whether the incident is sexual harassment, it must be viewed from the perspective of a typical, reasonable third party.

  • Would a reasonable person find that behavior hostile, offensive, or intimidating and adversely affect his/her ability to do his/her work?

  • The “reasonable person standard” is used by commanders and the courts to judge whether the conduct was sexual harassment

VIDEO SLIDE #30


Slide40 l.jpg

TRAINING SESSION # 1

  • The following was covered:

    • Army policy on sexual harassment

    • Definition of sexual harassment

    • Physical and verbal types of sexual harassment

    • Effect of sexual harassment on unit cohesion and readiness

VIDEO SLIDE #31


Slide41 l.jpg

TRAINING SESSION # 1

  • The following was covered:

    • Effect of sexual harassment on individual performance

    • Four questions

    • Unwelcome

    • Reasonable person standard

VIDEO SLIDE #32


Slide42 l.jpg

TRAINING SESSION # 1

  • The following was covered:

    • Sex vs. Power

    • Intent vs. Impact

    • For advice, contact EOA or EO/SH hotline

VIDEO SLIDE #33


Slide43 l.jpg

TRAINING SESSION # 2

  • The following was covered:

    • EOA’s role as advisor to commander

    • Definition of sex discrimination

    • Six informal resolution techniques

    • Who to file an equal opportunity complaint with

VIDEO SLIDE #34


Slide44 l.jpg

TRAINING SESSION # 2

  • The following was covered:

    • Definition Of Reprisal

    • Military Whistleblower Protection Directive

VIDEO SLIDE #35


Slide45 l.jpg

TRAINING SESSION # 3

  • The Following Was Covered:

    • Sexual Harassment Punishable Under The UCMJ Or Administrative Punishment

    • Administrative Actions That May Be Taken

    • Totality Of Circumstances

    • Immediately Report Acts Of Sexual Harassment

    • Immediately Report Acts Of Obsessive Following Behavior

VIDEO SLIDE #36


ad