Roanoke City Public SchoolsStaff Training Sexual Harassment Training
Policy Defined • School Board Policy - GBA Sexual Harassment/Harassment Based on Gender, Race National Origin, Disability or Religion will not be tolerated.
Reporting • Reporting • GBA-F • Formal report of Harassment • Informal Procedure • Complainant and person accused may meet with Supervisor/Principal to resolve issue. • Compliance Officers • Sandra Bryan Burks– Executive for Human Resources • Karen Sporakowski – Human Resources Supervisor
LegalDefinitions The basic definition of sexual harassment comes from the United States Equal Employment Opportunity Commission (EEOC): Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Anyone Can Be Harassed • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. • Unlawful sexual harassment may occur without economic injury to or discharge of the victim. • The harasser's conduct must be unwelcome.
Types of Sexual Harassment • Quid Pro Quo - Occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment. • Sufficient to show a threat of economic loss • A single advance may be harassment if tangible loss occurred. • Employers are strictly liable. • Even if the party agreed, they can change their mind later and bring charges.
Case Study #1: Connie Connie, a shop foreman, has known for some time about the affairs between some women and their bosses. Furthermore, these women have received perfect reviews, while other, more-deserving employees did not. When Connie comes up for a promotion, it is made clear that “socializing” will be part of the new job. She rejects the offer and receives a poor performance appraisal and a probation period and loses an opportunity for an increase in salary. Is Connie being sexually harassed?
Connie (con’t) • YES • Some women have been promoted for giving sexual favors • Connie is subject to Environmental sexual harassment • Connie was denied promotion and salary increase
Types, Continued • Hostile Work Environment – Unwelcome sexual conduct interferes with job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences. • Employer can be held liable for the creation of a hostile environment by a supervisor, non-supervisor, or the employer’s customers or independent contractors. • Employer is responsible if: • There was a complaint to management (follow policy) • If management failed to establish a policy to follow • If harassment is openly practiced or well known among employees.
Case Study #2: Mr. Blake In their monthly work group meetings, Mr. Blake always requires Liz to set up the meeting in the break room, provide coffee, and take notes. The work group consists of three supervisors: Liz, Tom, and Jack. Is Mr. Blake discriminating against Liz? • YES • Performing duties not required of Tom and Jack • Not sexual in nature, but the actions do discriminate
Case Study #3: Linda & Dan Linda is very attracted to her boss, Dan. Since they are both single, she asks him over to her house for dinner. After a very pleasant evening and a few too many drinks, they wind up spending the night together. Could this be considered sexual harassment? • MAYBE • Appears to be consensual • Opportunity for future claim
There are two conditions that determine liability for employers in cases of hostile environment sexual harassment: In Either Type….. • The employer knew or should have known about the harassment. • The employer failed to take appropriate corrective action. Questions?