AFSCME Respect in the Workplace: Preventing Sexual Harassment

1. AFSCMERespect in the Workplace:Preventing Sexual Harassment

2. The Need for Respect in the Workplace Diversity Day at “The Office” Video

3. Learning Goals Understand why respect in the workplace is important. Create an awareness of what harassment is, and in particular, sexual harassment. Recognize appropriate ways to respond to harassment. Know and identify avenues for reporting inappropriate and unacceptable conduct.

4. The Need for Respect in the Workplace • Our organization is a composite of the population which is rich in its diversity. • We need to value different races, cultures, ethnic groups, genders, gender preferences…everyone brings gifts to the table. • We rely on the richness of that diversity for creative teamwork to meet our mission and goals.

5. How do we create an awareness/sensitivity in ourselves as to what constitutes harassment, especially sexual harassment?

6. SEXUAL HARASSMENT:Scope of the Problem Under-reporting of Harassment • Women are reluctant to make allegations of sexual harassment. • fear of losing their jobs or hurting their careers; • fear of not being believed; • the belief that nothing can or will be done to stop the harassment; and • embarrassment, shame or guilt at being harassed. • Men are even less likely to report harassment because of masculine stereotypes, and the pressure to "take anything that comes along."   • A man may be afraid it is a negative reflection on his masculinity if he does not enjoy the sexual attention, or he may be afraid of having his sexual orientation questioned.

7. The U.S. Equal Employment Opportunity Commission (EEOC) received over 13,000 complaints in 2008 – the highest number reported in the last 5 years. SEXUAL HARASSMENT:Scope of the Problem

8. Definition of Sexual Harassment • EEOC Definition • Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature where the conduct is either directly linked to the grant or denial of an economic benefit, or where it has the purpose or effect of unreasonably interfering with an individual’s work performance, or creates a hostile, offensive and intimidating work environment. • eeoc.gov/types/sexual_harassment.html

9. Definition of Sexual Harassment AFSCME Definition • Sexual harassment is prohibited whether or not there is sexual conduct. Sexual harassment is defined as unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature where: • Submission to such conduct is made an expressed or implied term or condition of employment; • Submission to or rejection of such conduct is used as the basis for employment decisions; or, • Such conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile or offensive working environment.

10. MYTH VS. REALITY Some people asked to be sexually harassed. They do this with how they dress, or how they act. They send “signals.” Myth or Reality?

11. MYTH VS. REALITY REALITY Being subjected to sexual harassment is a painful, difficult and frequently traumatic experience. Defenses such as “she wore provocative clothes” and “he enjoyed it” are neither acceptable nor accurate.

12. MYTH VS. REALITY Most charges of sexual harassment are false. Myth or Reality?

13. MYTH VS. REALITY REALITY People have nothing to gain from making false accusations and filing false charges. Confronting the issue can be both physically and financially draining. They may experience retaliation and backlash in the aftermath.

14. MYTH VS. REALITY If a person really wanted to discourage or stop, sexual harassment, they could. Myth or Reality?

15. MYTH VS. REALITY REALITY Often, the harasser is in a position to punish the recipient by withholding a promotion or giving a bad evaluation. Sometimes the harassment continues despite the victim’s attempt to say “No” or stop the behavior.

16. MYTH VS. REALITY If you ignore sexually harassing behavior, it will eventually stop. Myth or Reality?

17. MYTH VS. REALITY REALITY Most women have said that telling the harasser to stop was the most effective method.

18. Types of Sexual Harassment • Quid Pro Quo • Quid Pro Quo, Latin for literally “this for that,” harassment occurs when receiving something (e.g., promotion, raise, etc.) is contingent upon sexual favors. • Hostile Environment • Hostile environment harassment occurs when the behavior of another interferes with an individual’s ability to work because of the creation of a hostile, offensive and/or intimidating environment.

19. Quid Pro Quo Harassment Earliest reported and most blatant form of sexual harassment occurs when a supervisor demands sexual favors from an employee and, when they are not provided, terminates or otherwise disadvantages the employee.

20. Hostile Work Environment • Occurs when there is conduct that is: • Unwelcome (EEOC Policy Guidance on Sexual Harassment); • Disruptive and has the purpose/effect of unreasonably interfering with an individual’s performance or of creating an intimidating, hostile, or offensive work environment; and • Severe and/or Pervasive (legal definition).

21. Risky Behaviors • Verbal • Derogatory comments based on gender • Repeated requests for dates • Sexual or gender-based jokes or teasing • Grunts, whistles or catcalls • Terms of endearment such as “babe, “honey,” or “sweetie” • Turning work discussion into sexual topics (e.g. using puns) • Non-verbal • Staring, leering • Looking up and down (elevator eyes) • Sexually suggestive looks • Facial expressions of a sexual nature (e.g. winking)

22. Risky Behaviors • Physical: • Invading someone’s personal space • “Accidentally” brushing against private parts of the body • Grabbing • Uninvited neck message • Visual: • Posters, cartoons, drawings, calendars, pinups or pictures of a sexual nature • Computer graphics of a sexual nature • E-mail with sexual content or derogatory jokes • Knick-knacks and other objects of sexual nature

23. IS THIS A HOSTILE WORK ENVIRONMENT? Andy and Sally are staff representatives in the same office. According to Sally, Andy pesters her and hangs around her desk. Sally declines an invitation to go out for drinks and suggests lunch the next week, but then tries to stay away from the office during lunch time to avoid having to go. Sometime during the next week, Andy uncharacteristically wears a three-piece suit and asks Sally to lunch. Sally declines.

24. IS IT NOW? Andy gives Sally the following note: “I cried over you last night and I’m totally drained today. I have never been in such constant turmoil. Thank you for talking with me. I could not stand to feel your hatred for another day.” Sally leaves the room after reading the note and Andy follows her. Sally leaves the building.

25. WHAT ABOUT NOW? • Sally gets Andy’s note on Wednesday. Andy calls in sick on Thursday and Sally is off Friday. The next Monday, Sally starts four weeks of training out of town. • Andy sends Sally a three page single-spaced letter which states in part: “I know you are worth knowing with or without sex.... Leaving aside the hassles and disasters of recent weeks, I have enjoyed you so much over these past few months. Watching you. Experiencing you from far away. Admiring your style and spirit. Don’t you think it odd that two people who have never even talked together, alone, are striking off such intense sparks. . . I will write another letter in the near future.”

26. DOES ANDY’S INTENT MATTER? Suppose Andy wishes no more than to woo Sally with his words? There is no evidence that Andy harbors any ill will toward Sally. In his three page love letter, Andy offers to leave Sally alone if she wishes.

27. Scenarios to Consider • Scenario A: A group of Organizers have been working hard all day and head off to a local bar for drinks and pizza and the conversation of relationships comes up. • Come up with a scenario that would create a hostile environment and/or one in which sexual harassment comes into play. • How could this be dealt with in the moment so that it is appropriately “neutralized.” • Scenario B: Co-worker asks another co-worker for a date. • Come up with a scenario that would create a hostile environment and/or one in which sexual harassment comes into play. • How could this be dealt with in the moment so that it is appropriately “neutralized.”

28. Recognize appropriate ways to respond to harassment.

29. If You Think That You Are Being Harassed…. Know your rights. Say “No” clearly and ask the person to stop. Report it to your supervisor, to your union leadership, or to a Human Resources official, whomever you are most comfortable with/trust. Keep a log or diary of the conduct, including dates, times, witnesses, direct quotes, and any documents or photographs. Cooperate with investigations.

30. Preventing Harassment Never assume friendliness equals sexual interest Do not assume your behavior is okay just because no one has objected to it. If someone indicates your behavior is unwanted, STOP immediately. If in doubt, don’t say it/don’t do it. Err on the side of caution.

31. Know and identify avenues for reporting inappropriate and unacceptable conduct.

32. As An Employee…. • Know your Policy; • Make your unease/disapproval known immediately/directly to the harasser; • Report any incident of harassment/inappropriate sexual conduct to your supervisor, union leadership or Human Resources official promptly; and • Keep a written record of name, action of the alleged harasser, witnesses to the incident, date, time, place and nature of the incidents, and any other relevant information.

33. As A Manager…. • Take seriously any report, no matter how trivial it seems. • Enforce your organization’s written policy against harassment. • Address any behavior that could be construed as harassment. • Provide reasonable supervision. • Ensure no retaliation. • Protect employees from harassing behavior from vendors and clients. • Support the victim. • Support the organization’s internal investigation. • Protect employee confidentiality to the extent possible under the circumstances.

34. As Union Leadership…. • As Union leadership, you play an important role in communicating and ensuring that the union/membership does not engage in discriminatory behavior. • You must respond to sexual harassment and hostile work environment allegations that are made by your members. • When the accuser and accused are both members of the same bargaining unit, the union has a responsibility to represent both – so two staff reps should be assigned to the matter.

35. Support for Employees…. Those who have been involved in a case of sexual misconduct/harassment: Employee Assistance Programs associated with organization’s health care provider (check with your provider for specific benefits): • Confidential • Usually available 24/7 • Deal with emotional, financial and family issues

36. A Matter of Respect…. “Treat others asyou would have them treat you”

37. Questions and Answers

38. Resources • AFSCME Policy on Harassment: Nov. 4, 2003 Handout • AFSCME Resolution Number 93 on Preventing Harassment (introduced and ratified June 2004) • Sample: Procedures for Reporting Incidents of Harassment • Sample: Harassment Complaint Form • eeoc.gov/types/sexual_harassment.html

39. Resolution No: 9336th International ConventionJune 21 - 25, 2004Anaheim, PREVENTING HARASSMENT WHEREAS: Harassment is unwelcome, offensive, demeaning and discriminatory behavior that can undermine and weaken morale and unreasonably interfere with the union's effectiveness and the effectiveness of those personally impacted by the harassment; and WHEREAS: AFSCME strongly believes and is committed to creating an environment throughout the union and in the workplace that is free of harassing, hostile and discriminatory conduct; and WHEREAS: Many unions and employers have taken positive steps to stop harassment through well-enforced contract language and policy statements, and through education and training programs; and WHEREAS: Despite the positive steps taken by some unions and employers, harassment still exists. THEREFORE BE IT RESOLVED: That AFSCME at all levels will continue its commitment to preventing harassment by continuing and strengthening education and training programs on harassment awareness, ensuring that collective bargaining agreements include effective mechanisms for dealing with harassment, and urging unions and employers to develop and enforce strong anti-harassment policies and complaint procedures. SUBMITTED BY: Lakesha Harrison, President Michael Lawrence, Recording Secretary AFSCME Local 3299 California

40. Sample: Procedures for reporting incidents of harassment Responsibilities: Employees All incidents of harassment or inappropriate sexual conduct must be reported. Publicizing alleged harassment, without filing a formal complaint, might be considered evidence of insincere intent on the part of the accuser, or one who has witnessed an incident of harassment. If employees believe that they have been subject to harassment or any unwanted sexual attention, or witnessed such behavior; employees should: • Make their unease and/or disapproval directly and immediately known to the harasser; and • Make a written record of the name and action of the alleged harasser, witnesses to the incident, date, time, place and nature of the incident(s) and any other relevant information.

41. Sample: Procedures for reporting incidents of harassment Responsibilities: Managers Managers must deal expeditiously and fairly with allegations of harassment within their departments, whether or not there has been a written or formal complaint. Managers who knowingly allow or tolerate harassment are in violation of this policy and subject to discipline. Managers must: • Act promptly to investigate harassment or inappropriate sexually-oriented conduct; • Ensure that harassment or inappropriate sexually-oriented conduct is reported to the Human Resources Director; and • Take corrective action to prevent prohibited conduct from recurring.

42. Sample: Procedures for reporting incidents of harassment Responsibilities: Human Resources Director • Ensures that both the individual filing the complaint (hereafter referred to as the complainant) and the accused individual (hereafter referred to as the respondent) are aware of the seriousness of a harassment complaint; • Explains the organization's harassment policy and investigation procedures to the complainant and the respondent; • Explores informal means of resolving harassment complaints; • Notifies the police if criminal activities are alleged, and; • Arranges for an investigation of the alleged harassment and the preparation of a written report.

43. SAMPLE: REPORTING INCIDENTS OF HARASSMENTComplaint Form HARASSMENT COMPLAINT FORM Name:______________________________________ Job Title:_____________________________________ Department:_________________Supervisor:________________ Description of incident. (Please include name and actions of the alleged harasser; witnesses to the incident; date, time and place of incident; and all other relevant information). Suggested resolution: Employee Signature:_________________________ Date:___________ Complaint submitted to:_______________________ Date:___________

44. Sexual and Workplace Harassment Training Requirements “Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.” EEOC 104.11(f) All Employees • Best Practice – one hour of training every other year • Required Training: • California • Connecticut • Maine Supervisors/Managers • Best Practice – No less that two hours of training every other year • Required Training: • California - No less than two hours of classroom training; every two years for all public/private employers and employers’ agents with 50 or more full or part-time or temporary employees/contractors* *California Government Code, Section 12950

45. Our Thanks To… Lisa Demidovich-UNAC/UHCP-California For generously sharing her Sexual Harassment and Sensitivity Training Material (conducted in February 2010)