PART 2 UNDERSTANDING SEXUAL HARASSMENT Table of Contents • Definition • Sex Discrimination • Sexism • Employer Liability • Types of Sexual Harassment • Quid Pro Quo • Hostile Environment • Physical Harassment • Sex Role Stereotype • Sex Role Static
DEFINITION OF SEXUAL HARASSMENT • Deliberate and/or repeated • Influencing, offering to influence or threatening the career, pay or job of another person in exchange for sexual favors. • Offensive comments, profane language, gestures or physical contact of a sexual nature.
SEXUAL HARASSMENT IS A SUBSET OF SEX DISCRIMINATION • Sex discrimination is a specified form of illegal behavior as defined by various laws and Executive Orders • Per Title VII, Civil Rights Act, sex discrimination is outlawed in employment • It is any practice or policy which results in unlawful differential treatment of an individual because of his or her gender Great training opportunity, but only women applicants will be considered
SEXISM IS DIFFERENT THAN SEX DISCRIMINATION • While sexism may describe many social behaviors and interaction, it does not have a legal basis • Sexism is an encompassing term used by different individuals to mean different things • One definition is: Preference for one sex over another (not necessarily your own)
TYPES OF SEXUAL HARASSMENT • QUID PRO QUO (an equal exchange, “this for that”): • When submission to sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature is made either explicitly or implicitly a term or condition of a person’s job, pay or career, OR • When submission to or rejection of such conduct by an individual is used as a basis for employment decisions • HOSTILE ENVIRONMENT: When such conduct has the purpose or effect of interfering with an individual’s performance or creating an intimidating, hostile or offensive environment
COMMON FORMS OF SEXUAL HARASSMENT • Telling obscene jokes • Making sexual comments or innuendoes • Making direct propositions • Threatening one’s career or pay of job in exchange for sexual favors • Leaving personal notes • Displaying sexist cartoons, pictures or magazines • Sending or forwarding e-mails with sexual overtones (e.g., scantily dressed, innuendoes, potentially sexually arousing positions) even when meant to be cute or funny, or in cartoon form.
SPECIAL NOTE ON USE OF GOVERNMENT E-MAIL • Government personal computers must not be used for material involving pornography, chain letters, unofficial advertising, soliciting or selling via e-mail, and other uses incompatible with public service or that further any unlawful activity or personal commercial purposes. • E-Mail users are responsible for the appropriate use of Army telecommunications systems and will not use them in a way that would interfere with official duties, undermine readiness or reflect adversely on the Department of the Army • E-Mail users who receive inappropriate e-mail messages that fall into any of the above categories should not pass the information on; print it, delete it and deliver it to your Information Assurance Security Officer (IASO)
PHYSICAL SEXUAL HARASSMENT • Pinching • Bumping • Grabbing • Cornering • Kissing • Hugging • Ogling • Obscene gestures • Touching, stroking
SEX ROLE STEREOTYPE • A fixed unchanging idea about someone’s gender which may have little relationship to fact. It is a fixed idea about how men and women behave. For example: • Women are not aggressive enough for the business world • Men can work longer hours because they don’t have to worry about taking care of the household
SEX ROLE STEREOTYPE -2 • Becomes an EEO issue when sex role stereotypes are used in making employment decisions: • A woman is not selected for a job because the boss feels that women belong at home • Men are given TDY assignments because they do not have home obligations • Only women are given the tasks of tidying up the office, sponsoring new arrivals, or running social events • Only men are assigned the job of picking up leaves near the office • Supervisors who act according to stereotypes interfere with the proper assignment and accomplishment of the work to be done WHAT STEREOTYPICAL IDEAS DO YOU HAVE?
SEX ROLE STATIC • Everyday customary or colloquial remarks and actions based on gender stereotyping, unthinking and undirected--may or may not be discriminatory or harassing • These types of remarks should be avoided • Examples: “Hi Doll”, “Honey”, “Stud” This does not mean you cannot tell someone of the opposite sex that they look good, as long as it does not have sexual overtones!
SUMMARY • There are many forms of sexual harassment • Know what constitutes sexually harassing behavior • Anything with sexual overtones is prohibited in a business environment • Just because it is cute or intended as a joke does not change the fact that it has sexual overtones and is sexually harassing behavior END OF PART 2
PART 3 SUPERVISOR’S ROLE IN PREVENTING SEXUAL HARASSMENT Table of Contents • Create Discrimination-Free Work Environment • Train Employees • Prevention Tips • Perceptions
CREATE DISCRIMINATION-FREE WORK ENVIRONMENT • Support Army policy • Periodically remind employees of your commitment to preventing sexual harassment and act consistent with that belief • Continually assess the organization for signs of sexual harassment • Brief and put in a conspicuous location the process for reporting actions that could be construed as sexually harassing behavior
CREATE DISCRIMINATION-FREE WORK ENVIRONMENT -2 • Let employees know they can talk to you about inappropriate behavior • Make employment decisions based on job needs, performance requirements and work rules rather than on personal characteristics • Treat all employees with respect and apply rules the same for all • Deal promptly and decisively with allegations of sexual harassment and take appropriate action to correct it
CREATE A DISCRIMINATION-FREE WORK ENVIRONMENT -3 • Avoid sexual gestures, talk, jokes, innuendo and the like • Avoid touching subordinates • Avoid behavior that could be perceived as sexual; for example: • Hug • Giving roses instead of the daisies you normally • give to others • Remarks (even in jest) such as: • “I know a quiet place for us to lunch” • “Your life would be easier here if you were • friendlier”
(SPECIAL NOTE) Perceptions are important! DO NOT GET PERSONALLY INVOLVED WITH EMPLOYEES! • This does not mean you should never have lunch or dinner with employees • Just be aware of how your participation is being perceived • For example, not accepting a lunch or party invitation because you wish to retain a professional relationship may be carrying it to extremes Remember, you are the supervisor
CREATE A DISCRIMINATION-FREE WORK ENVIRONMENT -4 • Do not make light of efforts to prevent sexual harassment • Recognize when stereotyping is influencing one’s decision-making or behavior • Hold each person accountable for his/her own behavior
TRAIN EMPLOYEES • Ensure all employees complete refresher POSH training every year • Ensure first-time supervisors of civilian employees (includes military or LN who supervise civilians) attend the initial block of instruction as soon as possible of appointment to a supervisory position (contact servicing EEO office) • Ensure employees new to federal service attend the initial block of instruction as soon as possible (contact servicing EEO office)
PREVENT IT • The most common harassing behavior includes telling obscene jokes; making sexual comments or innuendoes; and displaying sexist cartoons, pictures, and magazines. • If anyone tells you about sexually harassing behavior, don’t treat it lightly even if they work in another office, report it to an appropriate person • Call the servicing EEO office if you need assistance in dealing with a situation. The goal is to correct the situation and rebuild team cohesiveness
SUMMARY Supervisors are responsible for: • Creating and maintaining discrimination-free work environments • Taking prompt and decisive action to stop or prevent sexually harassing behavior • Avoiding behavior that could be perceived as sexual • Ensuring employees attend POSH training as required END OF PART 3