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Sexual Harassment

Sexual Harassment . Velma McNeil, HR Manager. EMPLOYMENT Civil Rights Act of 1964 Title VII administered by the Equal Employment Opportunity Commission (EEOC). DEFINING SEXUAL HARASSMENT A Guide for Head Start Staff.

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Sexual Harassment

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  1. Sexual Harassment Velma McNeil, HR Manager

  2. EMPLOYMENTCivil Rights Act of 1964Title VIIadministered by the Equal Employment OpportunityCommission (EEOC)

  3. DEFINING SEXUALHARASSMENTA Guide for Head Start Staff

  4. TITLE VII (1980)Equal Employment Opportunity Commission (EEOC) says thatSexual Harassment is: • Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  5. It is Sexual Harassment when… • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or • Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting such individual; or • Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile or offensive working environment.

  6. TITLE IX No individual may be discriminated against on the basis of sex in any education program or Federally Funded agency.

  7. TITLE IXTheDepartment of Education Office of Civil Rights (OCR) has defined sexual harassment as: “Verbal or physical conduct of a sexual nature, imposed on the basis of sex by an employee or an agent of the institution that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title IX”

  8. TANGIBLE JOB CONSEQUENCE Quid pro Quo One Time

  9. HOSTILE ENVIRONMENT Severe And Pervasive

  10. What Constitutes a “Hostile Environment”? • Discussing sexual activities • Unnecessary touching • Commenting on physical attributes • Displaying sexually suggestive pictures • Using demeaning or inappropriate terms, e.g., “Babe” • Using unseemly gestures

  11. What’s a “Hostile Environment”? Continued… • Ostracizing workers of one gender • Granting job favors to those who participate in consensual sexual activity • Using crude and offensive language • Letters, notes, and telephone calls of a sexual nature • Sexually suggestive graffiti

  12. How Can I Tell If The Conduct Is Unwelcome? • OUTRIGHT REJECTION • AMBIGUOUS REJECTION

  13. General Rules • Is this verbal or physical behavior of a sexual nature? • Is the conduct offensive to the person it is directed toward? • Is there unequal power between the two parties?

  14. General Rulescontinued… • Is the behavior initiated only by one of the parties? • Does the employee have to tolerate that type of conduct in order to keep his/her job? • Is the conduct so pervasive or offensive that it interferes with the employee’s job and makes his or her environment unpleasant?

  15. Is The Conduct Severe Enough To Create a Hostile Environment? • Is the conduct physical or verbal? • How frequently is the conduct repeated? • Is the conduct blatantly offensive? • Is the harasser a co-worker or supervisor? • Was the harassment conducted by more than one person? • Was the harassment directed at more than one person?

  16. SEXUALLY OFFENSIVE? EYE OF THE BEHOLDER!

  17. Resources • Equal Employment Commission (Website) Civil Rights Act of 1964 • Team member handbook • Society of Human Resource Management (SHRM)

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