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Transcript of Sexual Harassment
Examples Continued Cornering someone; backing into a wall Why is Sexual Harassment, Harassment, & Discrimination Prevention important? To make sure ALL individuals at The Association of Former Students are treated with respect, dignity and consideration. Why is prevention so important? Sexual harassment and other forms of harassment and discrimination are illegal. What is Sexual Harassment? Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual natures when:
Submission to such is made explicitly or implicitly a term or condition of employment.
Submission to such is used as the basis for employment decisions.
Such conduct has the purpose or effect of unreasonable interfering with work performance or creating an intimidating, hostile or offensive working environment.
Violation of Title VII of the Civil Rights Act of 1964. What is Harassment? Harassment (discrimination) is unwelcome conduct that is based on a protected characteristic. Prevention of Sexual Harassment, Harassment, & Discrimination in the Workplace Offensive jokes, comments, or stories which stereotype, demean or make fun of a protected group. Slurs used to describe or stereotype protected group, or nicknames that relate to a person’s membership in such. Displays of cartoons, calendars, software, pictures, etc. which are degrading and reflect negatively upon any protected group. Unlawful Harassment (discrimination) becomes unlawful when: 2) conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Derogatory comments about individual’s membership in any protected class. Who is involved in discrimination? Those who commit:
Employees, supervisors, customers Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual natures when: Types/Categories of Sexual Harassment Quid Pro Quo Quid Pro Quo Examples Ex 1: Give me “this’ and I’ll give you “that”. Hostile Work Environment
Examples Looking at someone with “elevator eyes”; staring at someone; suggestive looks Types/Categories of Sexual Harassment Hostile Work Environment Who is Involved in Sexual Harassment? Those who commit:
Employees, supervisors, and customers The Association of Former Students Harassment/Discrimination Policy A copy of policy has been provided to you today
Also, see pages 16-17 in the Employee Handbook OR the Intranet policy webpage. Probably wouldn’t stand up as sexual harassment, but it’s inappropriate if it makes other uncomfortable
Be careful of jokes you tell and especially what you send via e-mail
Even blonde jokes could be inappropriate Computer screen saver reads: “Grow your own dope; plant a man.” Choice of words is the key. Male supervisor tells a female subordinate that she looks sexy.
Could make subordinate uncomfortable
Perceptions could create hostile environment
Better to bring a third party along or go to lunch
Be careful not to adopt “avoidance”.
Refusing to be alone with member of opposite sex in an effort to avoid perceptions of inappropriate conduct.
Find safe, appropriate cross-gender meeting venues. Male supervisor asks a female subordinate to have dinner with him to discuss a new marketing idea. Example of “quid pro quo” Male supervisor tells a female subordinate that, unless she sleeps with him she won’t get a raise. Word attractive is a bit suggestive.
If words have multiple meanings avoid them. Male supervisor tells a female subordinate that she looks attractive. Doesn’t matter if the jokers belong to that religion. Someone else may be offended.
Others outside that protected class could be offended.
Is it harassing or mean spirited?
Doesn’t matter, if it’s mean spirited it’s inappropriate in the workplace. During lunch in the break room a group of employees tell jokes that demean or make fun of members of a certain religion. Doesn’t matter if you use your best manners. It’s still harassment! Female supervisor politely asks male subordinate to sleep with her. Hostile Environment
Even if all in the group are ok with the talk, others could hear and be uncomfortable
Never appropriate in the office
Conduct doesn’t have to be about someone or directed to someone Discussions by men in mixed-gender groups of their sexual fantasies Can become harassing if subordinate indicates this makes her uncomfortable.
Choices of words can make a big difference.
It’s not about intent, but about impact. Male supervisor tells a female subordinate that she looks nice Harassment can be same gender and not necessarily an indication of sexual orientation.
Example of hostile environment Female client leers and gawks at your receptionist Depending on type of touch – how long, where, and when.
However, if subordinate states this makes him uncomfortable and it continues, it could become harassment.
Some things become inappropriate if they make others uncomfortable
You have responsibility to state when something is uncomfortable/offensive. Female supervisor touches the shoulder of a male subordinate when discussing performance problems with him. Supervisor is in position of power.
Sexual harassment is more about power than gender.
Subordinate may feel there are consequences if she rejects him.
It’s in violation of our Fraternization policy. Male supervisor asks a female subordinate for a date. Hostile environment
Never appropriate in the workplace
Material doesn’t have to be vulgar or crude to be offensive Non-supervisory male has sexually explicit materials visible in his work area. Legally, depends on how it’s used
ALWAYS inappropriate Use of the “F” word.
Females can be the harasser
Could be offensive to others in the room, male and/or female
Falls under hostile environment Discussions by women in mixed-gender groups of their sexual fantasies. 5 5 5 5 3 5 1 5 5 5 5 5 +++++ 3 5 4 Quiz Time! Test your knowledge! Other
Situations A co-worker asks another co-worker out on a date. It’s ok to ask for a date, but remember NO means NO.
Rule: One strike and you’re out so don’t ask again.
Can become harassing if you keep asking. You learn your co-worker belongs to a group that is unfriendly toward your protected class. We can’t regulate what people do outside of the office
However, we can regulate what people display in their workplace A council member, vendor or frequent visitor to The Association repeatedly makes statements that are harassing in nature. Non-employees can be harasser.
Immediately report any comments that make you uncomfortable to you supervisor and HR. While traveling on Association business a colleague makes a statement that makes you uncomfortable. Same rules apply while traveling on business as in the office.
If it makes someone uncomfortable, it’s not appropriate. You receive an e-mail joke from a colleague that is offensive to you. Same rules apply to e-mail and all internet communications.
Do not send any e-mails or links to websites that are potentially offensive.
Refer to the Network/Computing Policy (page 20 – 23 in the Employee Handbook).
Be very careful of any message you send from an Association e-mail address. Key Words For The Victim or Bystander to Use It is helpful for the victim to tell the harasser that the behavior is unwelcome. When Inappropriate Behavior is Called Out Apologize When Inappropriate Behavior Occurs Report it to:
Your Supervisor OR
Director within your department OR
Human Resources OR
The President & CEO Employee Rights & Responsibilities YOU have the right to be free from harassing or offensive behavior. YOU have a responsibility to know & comply with the Association of Former Students policy and procedures regarding Sexual Harassment & Discrimination. Supervisor Responsibilities Refrain from inappropriate behavior.
Remedy any inappropriate behavior, not just illegal behavior.
Report all complaints to HR.
Respond proactively to inappropriate behavior.
Refrain from retaliation. Additional Notes for Supervisors Don’t wait for someone to say they’ve been harassed. If you witness inappropriate behavior, take steps to correct it. Dating Subordinates “An employee may not be placed in a position of authority over an employee he or she is dating.” Questions/Comments Janice Quast
Human Resource Manager
979-458-2585 Applications to Team Expectations Display a positive, customer-focused attitude and treat all individuals with courtesy and respect. Stance The Association does not tolerate the harassment, sexual harassment or discrimination of any employee or non-employee by any other employee or non-employee, supervisor, manager, or director for any reason. Some behaviors are not illegal, but are inappropriate. We want to foster an environment that is respectful and free from these inappropriate behaviors. The EEOC says harassment is a form of employment discrimination. Race Color National Origin Sex/Gender Religion Age Disability Military Service Union Activity Sexual Orientation/Sexual Preference Violates federal and state laws:
Title VII of the Civil Rights Act of 1964
The Age Discrimination Employment Act and the ADA
Chapter 21 of the Texas Labor Code 1) enduring the offensive conduct becomes a condition of continued employment, or Those who are targeted:
Victims, bystanders Discrimination Examples Discrimination Examples Continued Verbal or non-verbal innuendo which relates to or reflects negatively upon any protected group. Hate symbols or other symbols which suggest the inferiority of any protected group. Hostile, abusive or demeaning behavior, including threats, directed at an employee because of his or her membership in a protected group. Other inappropriate behavior regarding or directed at any protected group Submission to such is made explicitly or implicitly a term or condition of employment. Submission to such is used as the basis for employment decisions. Such conduct has the purpose or effect of unreasonable interfering with work performance or creating an intimidating, hostile or offensive working environment.
Violation of Title VII of the Civil Rights Act of 1964 Those who are targeted:
Victims, bystanders Give me “this” and I’ll give you “that”.
If you don’t give me “this” then I won’t give you “that”. Tangible employment action against the individual Involves monetary loss or change in job Ex 2: If you don’t give me “this” then I won’t give you “that”. "If you go out on a date with me then I’ll give you a really good merit raise." "If you don’t have sex with me then I won’t give you that promotion I’ve been talking to you about." Unwelcome conduct of a sexual nature creates an uncomfortable work environment for some employees Speech or conduct that severe and/or pervasive enough to create an abusive or hostile work environment. Explicit or suggestive items displayed in the workplace that interfere with job performance or creates an abusive or hostile work environment. Sexual jokes (verbal, e-mail, text-messaging) Innuendos Requests for dates, and so forth, pressure for dates Verbal, physical, or even visual harassment Pressure for sexual favors Touching/fondling suggestive letters or phone calls, Inappropriate touching of a person or a person’s clothing; kissing, hugging, patting or arm or rear-end; stroking body parts sexual teasing, remarks, and gestures. Posters, drawing, pictures, screensavers or emails of a sexual nature IF you choose to confront the issue, you might say… "When you do or say ___ it makes me uncomfortable. Please stop." "It’s not “good bull” when you say __." "That’s making me uncomfortable." Stop the behavior Don’t treat the individual differently and respect their feelings Remember it’s not about intent, but about impact Learn from the situation and move forward YOU have a right to speak up when you have been offended. Direct confrontation is the first option YOU are not required to confront the harasser YOU have a responsibility to report offensive behavior you’ve been subjected to or witnessed. YOU should cooperate with investigations. YOU should support the victim. Teasing between two co-workers may not offend either of them, but it may offend a third party. Take action! Be sensitive to the feelings of others. Take all complaints seriously. See the “Employment of Relatives, Fraternization” Policy (page 19).
Employee relations risks
Legal risks Make any such situations known to HR Manage each customer experience with the highest level of service and enthusiasm. Seek opportunities to exceed expectations and develop lasting relationships. Make innovative contributions by proactively challenging current practices and suggesting and implementing improvements. Lead with a positive example, and in doing so, inspire others to fulfill the expectations of our team. Contribute to our team environment by being a productive, supportive and reliable teammate. Take responsibility for your actions and the outcomes produced. Violators of the Sexual Harassment/Discrimination policy will be subject to immediate disciplinary action up to and including termination. Compliance with federal (Title VII of the Civil Rights Act) and state (Chapter 21 of the Texas Labor Code) laws. Engaging in, condoning or not reporting sexual harassment, harassment, and/or discrimination are in direct conflict with our values.