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Sexual Harassment. Objectives. Policy Guidance. Are EO and Sexual Harassment Related? Harassment & Hostile Work Environment. Types of Sexual Harassment. Why Does Harassment Go Unreported?. Policy Guidance. Civil Rights Act of 1964. Title VI

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objectives
Objectives
  • Policy Guidance.
  • Are EO and Sexual Harassment Related?
  • Harassment & Hostile Work Environment.
  • Types of Sexual Harassment.
  • Why Does Harassment Go Unreported?
policy guidance
Policy Guidance
  • Civil Rights Act of 1964.
    • Title VI
  • NGR (AR) 600-21 “EO Program in the Army National Guard.” 14Sep01
  • NGR 600-22 “National Guard Military Discrimination Complaint System.” 30Mar01
policy guidance4
Policy Guidance
  • NGR (AR) 600-23/ ANGR 30-12 “Non Discrimination in Federally Assisted Programs.” 30Dec74
  • Iowa National Guard
    • TAG Policy Letters
    • IA ARNG Regulations.
how are eo sexual harassment related
How are EO & Sexual Harassment related?
  • EO Definition as it appears in NGR (AR) 600-21
  • “It is the policy of the National Guard to provide equal opportunity for NG military personnel or applicant for membership in the NG; they will not be subjected to illegal discrimination because of race, color, religion, gender (to include sexual harassment), national origin, or reprisal resulting from the use of this, or any other EO Regulation, to resolve grievances.”
harassment
Harassment
  • Deliberate or repeated offensive comments, gestures or physical contact in a work or duty related environment; and
  • Conduct which interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.
harassment8
Harassment

Sexual

  • Influencing, offering to influence or threatening
  • the career, pay or job of another person in
  • exchange for sexual favors; or
  • Deliberate or repeated offensive comments, gestures or physical contact of a sexual nature in a work or duty related environment; and
  • Conduct which interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.
sexual harassment9
Sexual Harassment
  • DoD Definition of Sexual Harassment:
    • Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, request 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 by a person 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.
sexual harassment10
Sexual Harassment
  • NGR 600-21 Policy:
    • Sexual harassment violates acceptable standards of integrity and impartiality required of all ARNG personnel, and interferes with mission accomplishment and unit cohesion.
    • Sexual harassment is not limited to the workplace, but can also occur in the work related environment.
    • Any person in a supervisory or command position who uses or condones implicit or explicit sexual behavior to control, influence, or affect the career, pay or job of a military member or civilian employee is engaging in sexual harassment. A supervisor who fails to take corrective action when sexual harassment is reported is condoning sexual harassment.
sexual harassment11
Sexual Harassment
  • Types of sexual harassment:
    • Quid Pro Quo.
    • Hostile work environment.
sexual harassment12
Sexual Harassment
  • Quid Pro Quo:
    • Latin term meaning “this for that”
    • “If you do this for me, I will do that for you.
sexual harassment13
Sexual Harassment
  • Hostile work environment:
    • Arises when a co-worker or supervisor engages in unwelcome and inappropriate sexually based behavior that interferes with work performance or renders the workplace atmosphere intimidating, hostile or offensive.
    • Where do we draw the lines between acceptable sexual conduct and sexual harassment?
      • When the conduct becomes unwelcome.
sexual harassment14
Sexual Harassment
  • Sexual Harassment can be categorized into 4 categories:
    • Verbal.
    • Nonverbal.
    • Physical.
    • Printed Materials.
sexual harassment15
Sexual Harassment
  • Verbal:
    • Turning work discussions into sexual topics.
    • Whistling or making catcalls at someone.
    • Making sexual comments about a person’s clothing, body or sexual activities.
    • Asking questions about a person’s sexual life, fantasies, preferences or history.
    • Off color sexual comments.
    • Sexual jokes or profanity.
    • Verbal threats.
    • Pressure, no matter how slight, for sexual activity.
sexual harassment16
Sexual Harassment
  • Nonverbal:
    • Paying unwanted attention to someone by staring at their body, following or blocking a person’s path (this behavior must be unwelcome and sexual in nature). Commonly referred to as leering or “giving the once over.”
    • Sexually oriented entertainment in organizations, base facilities or officially sanctioned functions.
    • Making sexually suggestive gestures with hands or through body movement (blowing kisses, licking lips, winking, grabbing crotch, lowering pants, etc.).
sexual harassment17
Sexual Harassment
  • Physical:
    • NOTE: Remember these physical behaviors must be unwelcome and sexual in nature.
    • Hanging around, standing around or brushing against a person.
    • Touching a person’s clothing, hair or body.
    • Hugging, kissing, patting or stroking.
    • Touching, pinching, bumping or cornering.
    • Blocking passageway.
    • Playing “footsies.”
    • Providing unsolicited back or neck rubs
sexual harassment18
Sexual Harassment
  • Printed Materials:
    • Notes, letters, faxes and computer e-mail (to include forwarded material) that is inappropriate and/or offending.
    • Posters, pictures, cartoons and bumper stickers.
    • Calendars and pin-ups
harassment19
Harassment
  • Impact vs. Intent
    • “I was only joking” is not an excuse, it is a barrier to change.
    • Behavior is assessed from the perspective of the recipient and the IMPACT it had on them.
harassment20
Harassment
  • What Standards are Used to Assess Behavior?
    • Reasonable Person Standard.
      • How would a reasonable person under similar circumstances react or be affected by such behavior?
      • Remember, men and women can watch the same behavior, but have very different perspectives about what they saw and how they feel.
harassment21
Harassment
  • Leadership Responsibilities:
    • Ensure that subordinates are trained on EO issues and understand what appropriate behavior is.
    • Maintain a climate that fosters openness and mutual trust. If this does not occur, problems will go unreported, unresolved and may get worse!
    • Address concerns that your soldiers have immediately.
      • On the spot corrections
      • Counseling---orally or written.
    • Assist complainants with their questions or concerns, or direct them to the unit EOR, BDE EOA or the SEEM.
harassment22
Harassment
  • Leadership Responsibilities:
    • Attempt to solve the problem at the lowest level. Take corrective actions if necessary.
    • DOCUMENT every incident.
    • Share information with the unit EOR so they can build a historical file on each complaint and present this information to the Commander.
harassment23
Harassment
  • To prevent harassment EVERYONE needs to:
    • Examine your own personal behavior.
    • Show respect for individuals regardless of your, or their, work position.
    • Provide an environment free of intimidating hostility or psychological stress.
    • Control social interactions so they do not interfere with productivity.
    • Take corrective action(s) whenever unacceptable sexual behavior is displayed.
    • Report behaviors that you feel are questionable to the chain of command.
harassment24
Harassment
  • Consequences of inappropriate behavior may include the following:
    • Bar to re-enlistment.
    • Letter of admonishment or reprimand.
    • Relief for cause.
    • Rehabilitative transfer.
    • Additional training.
    • Required counseling.
    • Denial of certain privileges.
    • Legal action IAW UCMJ (monetary fine, reduction in rank, etc.).
why does harassment go unreported26
Why Does Harassment Go Unreported?
  • Victims do not want to “create waves” in an organization/command.
  • Victims lack trust in the organization/command.
  • Fear of reprisal or retribution.
  • Victims do not want the focus of blame to get shifted to them. “I couldn’t help it, his/her shirt was too tight and I couldn’t control myself.”
why does harassment go unreported27
Why Does Harassment Go Unreported?
  • Why harassment should NOT go unreported?
    • You are NOT “creating waves.” You ARE reporting facts that may be supported by other reports of this type of behavior. Historical documentation.
    • Your command is committed to preventing this type of unacceptable behavior. TAG Squad Leader.
why does harassment go unreported28
Why Does Harassment Go Unreported?
  • Why harassment should NOT go unreported?
    • “Reprisal against an individual for having engaged in a protected EO activity is prohibited.” NGR 600-22

Whistleblower Protection Act & Command emphasis on preventing reprisal.

    • The focus of blame will not shift to the complainant. Tell the truth about the behaviors that are occurring and let the facts speak for themselves.
objectives29
Objectives
  • Policy Guidance.
  • Are EO and Sexual Harassment Related?
  • Harassment & Hostile Work Environment.
  • Types of Sexual Harassment.
  • Why Does Harassment Go Unreported?