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DEFINITION OF SEXUAL HARASSMENT

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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

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slide1

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

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

HOSTILE ENVIRONMENT

  • Offensive
  • Unwanted
  • Unsolicited comments and/or behaviors of a sexual nature

Viewgraph #22-3

slide4

RELATED ELEMENTS OF

SEXUAL HARASSMENT

  • IMPACT vs INTENT
  • Reasonable person standard

Viewgraph #22-4

slide5

SEXUAL HARASSMENT

BEHAVIORS

  • Verbal comments
  • Nonverbal gestures
  • Physical contact

Viewgraph #22-5

slide6

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

VICTIM IMPACT

  • Interferes with work performance
  • Creates a hostile environment
  • Stress
  • Fear and anxiety (quid pro quo)
  • Less productive

Viewgraph #22-7

slide8

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

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

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

ARMY TRAINING

PREVENTION OF

SEXUAL HARASSMENT

VIDEO

LEVEL 1

VIDEO SLIDE # 1

slide12

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

POSH VIDEO

TRAINING OBJECTIVES (Con’t)

  • You Will Learn:
    • How To Prevent Sexual Harassment
    • Informal Resolution Techniques
    • Sanctions And Laws

VIDEO SLIDE # 3

slide14

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

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

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

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

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

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

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

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

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

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

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

ADVICE

  • Victim of sexual harassment?
    • Contact your post's Equal Opportunity Advisor or,
    • Call the Equal Opportunity Sexual Harassment Hotline

VIDEO SLIDE #15

slide26

SELF-COPING MECHANISMS

  • Denial
  • Blaming Oneself
  • Joking
  • Avoidance
  • Confrontation

VIDEO SLIDE #16

slide27

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

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

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

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

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

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

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

ADMINISTRATIVE SANCTIONS

  • Counseling
  • Bar To Reenlistment
  • Relief For Cause
  • Negative Performance Evaluation

VIDEO SLIDE #25

slide35

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

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

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

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

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

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

TRAINING SESSION # 1

  • The following was covered:
    • Effect of sexual harassment on individual performance
    • Four questions
    • Unwelcome
    • Reasonable person standard

VIDEO SLIDE #32

slide42

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

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

TRAINING SESSION # 2

  • The following was covered:
    • Definition Of Reprisal
    • Military Whistleblower Protection Directive

VIDEO SLIDE #35

slide45

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

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