OVERVIEW • policy and concept • affirmative actions • behavior characteristics • impact of individual & institutional discrimination • identifying & countering sexual harrassment
OVERVIEW • Legal consequences participating in sexual harrassment • program components • Individual responsibilities of EO and Sexual Harassment • importance of honesty and open interpersonal comunications
POLICY • equal treatment without regard to race, national origin, color, gender, or religion • applies both on/off post • applies to working, living and recreational environments • no provisions for age or physical disability.
CONCEPT • responsibility of leadership • ensure fair treatment of all soldiers based on merit, fitness, and capability • maximize human potential • contributes to unit cohesion and is a readiness issue
COMPONENTS • command support & leader commitment • clearly stated policy • sequential & progressive training
COMPONENTS • effective and responsive complaint system • frequent climate assessments • evenhanded enforcement of sanctions
IMPLEMENTATION • policy guidance • prevention of sexual harassment • staffing • on-post activities
IMPLEMENTATION • off-post activities • complaint procedures • affirmative action plan • equal opportunity training
RELATED ELEMENTS • extremist organizations • Army language policy • accommodating religious practices
EXTREMIST ORGANIZATIONS • inconsistent with responsibilities of military service • participation is prohibited • chapter 4, para 4-12, AR 600-20
LANGUAGE POLICY • operational language is English • English is required while performing military functions • personal conversation not regulated • chapter 4, AR 600-20
RELIGIOUS PRACTICES • It is the Army’s policy to approve requests for accommodation of religious practices when they will not have an adverse impact on military readiness, unit cohesion, standards, health, safety, or discipline, or otherwise interfere with the performance of military duties. • DA Pam 600-75
SEXUAL HARASSMENT • definition • types of sexual harassment • behaviors subject to UCMJ
DEFINITION • A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal, or physical contact of a sexual nature when: • submission to conduct is made explicitly or implicitly a term or condition of job, pay or career, OR • submission or rejection of conduct is made as a basis for career or employment decisions, OR • conduct interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.
QUID PRO QUO • “this for that” • examples: • demanding sexual favors in exchange for a promotion or raise • disciplining or firing a subordinate who refuses sexual advances • threats of poor evaluation for refusing a relationship
HOSTILE ENVIRONMENT • offensive, unwanted, and unsolicited comments and behavior • examples: • derogatory gender based terms • comments about body parts • suggestive pictures, posters, or calendars • explicit jokes of sexual or sexist nature • assault or rape
UCMJ ACTIONS • Article 89 disrespect toward a superior officer • Article 91 insubordinate conduct toward an NCO or WO • Article 117 provoking speech or gestures • Article 134 bribery and graft, indecent assault, or communicating a threat • Article 127 extortion • Article 133 conduct unbecoming an officer • Article 93 cruelty and maltreatment
TYPES OF COMPLAINTS • informal • formal
INFORMAL • not in writing • resolved at lowest level • may or may not involve commander • no suspense/not reportable • no less important than a formal complaint
FORMAL • may be filed with other agencies • sworn statement on DA Form 7279-R • subject to timelines • requires a follow up assessment • complaints filed with the IG are processed IAW AR 20-1
RESPONSIBILITIES • Commander • Individual • Equal Opportunity Representative • Equal Opportunity Advisor
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