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Sexual Harassment

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by

craig botnen

on 3 February 2016

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Transcript of Sexual Harassment

Sexual Harassment
and
Discrimination

20
16
Let's start with the basics...
What is Discrimination?
The prejudicial treatment of an individual based on their membership in a certain group or category.
the
Big Deal?

Forces self-fulfilling prophecies.
Perpetuates hate.
Creates a societal divide.
No equal opportunities
Title VII of the Civil Rights Act
Protects applicants and employees against discrimination based on:
Race
Color
Religion
Sex
National origin
Also addresses sexual harassment (more on that later)
Two types of claims under Title VII
Disparate Treatment
Disparate Impact
Must establish that he or she suffered some unfair treatment and that the reason for the unfair treatment was the employee’s protected trait.
An employer’s policy or procedure is unfair to people who fall into a particular, identifiable group—and one that is protected by statute, such as race or gender.
Always an exception…
An employer is allowed to discriminate against an applicant or employee where the decision rests on a “bona fide occupational qualification”.
To file a court claim you must first “exhaust your administrative remedies”
I’m not that old. Am I?
Age Discrimination
Prohibits employers from discriminating against employees in terms, privileges, and conditions of employment on the basis of age
It is not a violation of the ADA where age is a bona fide occupational qualification
Unless...
I have a disability. Now what?
ADA
Unlawful for an employer to discriminate against a qualified individual with a disability
What Qualifies?
Individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
What We’ll Do
Reasonably accommodate a disabled employee’s functional limitations unless doing so would impose an undue hardship on the employer.
Other Protected Classes
Familial Status
Disability Status
Veteran Status
Genetic Information
What about sexual orientation?
Though not federally illegal (yet), it is illegal under Montana state law*

*Only for state employees
Weight
Looks
Smoking
Told you we'd come back...
Our Policy
Sexual harassment is not tolerated in the workplace.
Zero tolerance.
What is it?
Unwelcome conduct directed towards a person’s gender when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
Quid Pro Quo Harassment
Hostile Work Environment
&
Used as the basis for employment decisions affecting that individual.
Unreasonably interferes with an individual’s job performance, even if it leads to no tangible or economic job consequences.
Examples
Any proposition or pressure to engage in sexual activity
Sexual assault
Repeated body contact
Repeated sexual jokes, innuendos or comments
Notes
-Victim does not have to be of the opposite sex.
-May be a supervisor, co-worker, subordinate, client, or vendor.
-Does not have to be the person harassed.
What We'll Do:
-Post policy throughout the building(s)
-Provide training
-Poll the staff on an annual basis
-Give clear directives on how to report
-Inform of right to report to EEOC and MHRC
I've been harassed.
Now what?
Your Responsibility:
Tell that person to stop
Tell your Supervisor as soon as possible
Document the specifics of the incident
Cooperate with the investigation
Document any physical or psychological problems
Contact EEOC or MHRC as a last resort
My employee has been harassed.
What do I do?
Immediately meet with the offended employee
Report the incident up the chain
Ask the employee if they wish to file a formal claim
Your
Responsibility
Administrative Responsibility
Report all sexual misconduct to FBOP & DOC
Investigate promptly, confidentially, and keep in mind the need to protect the rights of the alleged harasser
Give the victim a voice in how they want it handled
Take reasonable and immediate corrective action
I’m too scared to report.
What about retaliation?
You’re protected!
Laws in place to make sure there is no retaliation
Protected if you file for discrimination & lose
A co–worker is being harassed but will not report it.
What can I do?
3rd Party Reporting
Go to your supervisor.
Encourage them to report.
Mention what you learned today.
My supervisor/co-worker is always mean and rude.
What can I do?
Poor treatment and Bullying
Federal law only protects employees against harassment that is based on a protected trait.
You’re boring.
Tell me something I don’t know.
OK then...
-Sexual harassment claims have been steadily decreasing.
-Men reporting is on the rise.
-31% of the female workers claimed to have been harassed at work (but 62% of targets took no action)
-Four is the only number that has the same amount of letters as its actual value
Ethics and Professionalism in the Workplace
People do it all the time (unfortunately).
Constant leering or staring
Inappropriate comments concerning appearance
Display of magazines, books, or pictures with a sexual connotation
Talk to them!
Housekeeping
File a grievance
questions?
American Indian or
Alaska Native; Asian; Black or African American; Native
Hawaiian or Other Pacific Islander; and White.
What's the difference?
Light Skin/Dark Skin
Full transcript