Download
1 / 13
130 likes | 311 Vues
Sexual Harassment in the Workplace . The ProblemThe U.S. Equal Employment Opportunity Commission (EEOC) describes sexual harassment as a form of gender discrimination that is in violation of Title VII of the 1964 Civil Rights Act.
E N D
1. Strategic Solutions Unlimited, Inc. SEXUAL HARASSMENT IN THE WORKPLACE
April 1, 2010 Required viewing for all current employees and new hires.Required viewing for all current employees and new hires.
2. Sexual Harassment in the Workplace The Problem
The U.S. Equal Employment Opportunity Commission (EEOC) describes sexual harassment as a form of gender discrimination that is in violation of Title VII of the 1964 Civil Rights Act.
In 1998, the U.S. Supreme Court made employers more liable for sexual harassment of their employees.
Moreover, the Society for Human Resource Management has reportedthat 62% of companies now offer sexual harassment prevention training programs, and 97% have a written sexual harassment policy.
3. Sexual Harassment in the Workplace Statistics
The number of grievance filed with the EEOC has gradually decreased over the last decade. In 1997, close to 16,000 charges were filed. In fiscal year 2007, this number dropped to 12,510.
The majority of complaints come from women, however the number of complaints filed by men is increasing, along with increasing numbers of men filing against female supervisors. In 2007, 16% of complaints filed with the EEOC were filed by men.
In a 2004 study by Lawyers.com, 17% of men said they had experienced sexual harassment vs. 35% of women.
4. Sexual Harassment in the Workplace Statistics
A telephone poll by Louis Harris and Associates on 782 U.S. workers revealed:
31% of the female workers reported they had been harassed at work
7% of the male workers reported they had been harassed at work
62% of targets took no action
100% of women reported the harasser was a man
59% of men reported the harasser was a woman
41% of men reported the harasser was another man
Of the women who had been harassed:
43% were harassed by a supervisor
27% were harassed by an employee senior to them
19% were harassed by a coworker at their level
8% were harassed by a junior employee
5. Sexual Harassment in the Workplace Causes of Sexual Harassment in the Workplace
Reasons can be complex, and steeped in socialization, politics, and psychology
No occupation is immune to sexual harassment
Sexualized environments
Work relationships can be quite intimate and intense, and those involved share common interests. Employee's are dependent on each other for teamwork and support, and are dependent on their supervisor's approval for opportunities and career success.
Supervisors and employers can grow accustomed to the power they have over their employees. Such closeness and intensity can blur the professional boundaries and lead people to step over the line.
Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity, etc., can create hostile environments that leak over into working relationships.
Personal problems can also be a factor, and sexual harassment can be a symptom of the effects of life traumas such as divorce, or death of a spouse or child.
reports of harassment of women is higher in fields that have traditionally excluded them, including blue collar environments, such as mining and firefighting, and white collar environments, such as surgery and technology.
Workplaces full of sexual joking, sexually explicit graffiti or objects, viewing Internet pornography, etc.--usually shape the attitudes that male workers have towards their female colleagues.
For example, in an environment where obscenities are common, women are 3 times more likely to be sexually harassed than in an environment where such talk is not tolerated. In environments where sexual joking is common, women are 3 to 7 times more likely to be sexually harassed. Work relationships can be quite intimate and intense, and those involved share common interests. Employee's are dependent on each other for teamwork and support, and are dependent on their supervisor's approval for opportunities and career success.
Supervisors and employers can grow accustomed to the power they have over their employees. Such closeness and intensity can blur the professional boundaries and lead people to step over the line.
Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity, etc., can create hostile environments that leak over into working relationships.
Personal problems can also be a factor, and sexual harassment can be a symptom of the effects of life traumas such as divorce, or death of a spouse or child.
reports of harassment of women is higher in fields that have traditionally excluded them, including blue collar environments, such as mining and firefighting, and white collar environments, such as surgery and technology.
Workplaces full of sexual joking, sexually explicit graffiti or objects, viewing Internet pornography, etc.--usually shape the attitudes that male workers have towards their female colleagues.
For example, in an environment where obscenities are common, women are 3 times more likely to be sexually harassed than in an environment where such talk is not tolerated. In environments where sexual joking is common, women are 3 to 7 times more likely to be sexually harassed.
6. Sexual Harassment in the Workplace Reports of Sexual Harassment in the Workplace
It has been estimated that only5 to 15% of harassed women formally report problems of harassment to their employers or employment agencies such as the EEOC
Men are even less likely to report harassment because of masculine stereotypes, and the pressure to "take anything that comes along." There are many reasons why victims are reluctant to make allegations of sexual harassment, including fear of losing their jobs or otherwise 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.
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.
There are many reasons why victims are reluctant to make allegations of sexual harassment, including fear of losing their jobs or otherwise 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.
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. Sexual Harassment in the Workplace Legal Definitions of Sexual Harassment in the Workplace
Quid Pro Quo Harassment: "Something for something;" this is the "you do something for me and I'll do something for you" type of exchange. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if she will go out on a date with him, or tells an employee she will be fired if she doesn't sleep with him. Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee's submission to verbal, nonverbal or physical conduct of a sexual nature. Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm. This is one of the two legal definitions established in Employment Law.This is one of the two legal definitions established in Employment Law.
8. Legal Definitions of Sexual Harassment in the Workplace
Hostile Environment Sexual Harassment: This occurs when an employee is subjected to comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a regular part of the work environment. Generally speaking, a single isolated incident will not be considered hostile environment harassment unless it is extremely outrageous and egregious conduct. The courts look to see whether the conduct is both serious and frequent. Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.
Sexual Harassment in the Workplace This is one of the two legal definitions established in Employment Law.This is one of the two legal definitions established in Employment Law.
9. Getting the message across. . . .
1. Tell the offender their attention is unwanted
2. Tell the offender what they have done--name the behavior
3. Demand that the behavior stop
4. Hold the harasser accountable
5. Remember, the harasser'sbehavior is the issue--not your behavior
6. Respond at the appropriate level
7. Talk about the harassment to others Sexual Harassment in the Workplace Set clear, verbal boundaries. Ignoring the behavior actually encourages it to continue. Don't expect the person to read your mindto learn how you feel about what they are doing. The only way they will know the attention is unwanted is if you tell them it is unwanted. Be firm and direct.
. Be specific, straightforward, and blunt.
Say "No!" like you mean it. Don't be wishy-washy. Don't say "I have a boyfriend," or "I have a girlfriend," or"I'm married," as this is not the same thing as saying "No." It implies you would welcome the attention if you were not in a relationship. Plus, many harassers will be encouraged by the prospects of cheating with you.
Don't make excuses for them. Do not pretend nothing has happened. Don't fret about protecting their feelings, or protecting them from feeling rejected. Make it clear that everyone has the right to be free from sexual harassment. Objecting to harassment is a matter of principle.
Stand your ground and stick to your own agenda. Don't respond to the harasser's excuses or diversionary tactics. Harassers will often try to draw you into a dialogue or argument about why you should submit to their demands. Refuse to discuss the issue with them as this can become a power game in itself. Also, do not allow yourself to be manipulated by others into backing down.
. If the harassment was physical, combine your verbal response with a physical one (i.e. grasp their arm firmly while saying "No!").
Staying silent protects harassers.
Set clear, verbal boundaries. Ignoring the behavior actually encourages it to continue. Don't expect the person to read your mindto learn how you feel about what they are doing. The only way they will know the attention is unwanted is if you tell them it is unwanted. Be firm and direct.
. Be specific, straightforward, and blunt.
Say "No!" like you mean it. Don't be wishy-washy. Don't say "I have a boyfriend," or "I have a girlfriend," or"I'm married," as this is not the same thing as saying "No." It implies you would welcome the attention if you were not in a relationship. Plus, many harassers will be encouraged by the prospects of cheating with you.
Don't make excuses for them. Do not pretend nothing has happened. Don't fret about protecting their feelings, or protecting them from feeling rejected. Make it clear that everyone has the right to be free from sexual harassment. Objecting to harassment is a matter of principle.
Stand your ground and stick to your own agenda. Don't respond to the harasser's excuses or diversionary tactics. Harassers will often try to draw you into a dialogue or argument about why you should submit to their demands. Refuse to discuss the issue with them as this can become a power game in itself. Also, do not allow yourself to be manipulated by others into backing down.
. If the harassment was physical, combine your verbal response with a physical one (i.e. grasp their arm firmly while saying "No!").
Staying silent protects harassers.
10. Getting the message across. . . .
If you simply cannot summon the courage to talk to the offender face to face, start with a letter or email.
Be sure and save a copy and copies of any further correspondence.
(This will also give you documentation that you tried to confront the situation yourself, which you may need later on.)
If necessary, you can get professional advice and support in the workplace through your human resources office.
Sexual Harassment in the Workplace
11. Documentation
Document the harassment
Document any negative actions
Document your work performance
Sexual Harassment in the Workplace Keep a log of what is happening. Document each incident, including dates, times, names of witnesses, etc. Save e-mails to a disc and keep it at home. Do not throw away any mail or email that is related to the harassment, even if the mail is anonymous.
Find witnesses to what transpired, or arrange to have witnesses when you are in the presence of the person who is harassing you. If it is legal in your state, tape record interactions and meetings with the harasser.
Document any negative actions that you experience because of your refusal to submit to sexually harassing behavior. For example, document if you are given a poor evaluation or a demotion.
Your performance may be questioned in the aftermath of a rejection or a formal complaint. To protect yourself, keep copies of performance evaluations and memos that attest to the quality of your work. Keep a log of what is happening. Document each incident, including dates, times, names of witnesses, etc. Save e-mails to a disc and keep it at home. Do not throw away any mail or email that is related to the harassment, even if the mail is anonymous.
Find witnesses to what transpired, or arrange to have witnesses when you are in the presence of the person who is harassing you. If it is legal in your state, tape record interactions and meetings with the harasser.
Document any negative actions that you experience because of your refusal to submit to sexually harassing behavior. For example, document if you are given a poor evaluation or a demotion.
Your performance may be questioned in the aftermath of a rejection or a formal complaint. To protect yourself, keep copies of performance evaluations and memos that attest to the quality of your work.
12. Formal Complaints
1. Begin with available grievance channels
2. Demonstrate that you attempted to handle it professionally
3. Have proof
4. Have documentation of any retaliation
5. Have notes of meeting, phone calls, emails, etc.
6. Stay composed Sexual Harassment in the Workplace 1. Begin with the grievance channels and procedures available through your Human Resources office.
2. If you plan to make a formal complaint, it is best if you can show them you tried to deal with the situation yourself, first, and in a constructive, professional manner.
Be sure you have witnesses or documented proof that the harassment occurred. Harassers will often lie, saying it never happened, and it becomes a "She said, he said" situation. With proof, it makes it easier for a company to investigate and deal with the problem.
Retaliation for complaining about sexual harassmentis also illegal. Document any instances you experience just as you would the harassment.
Be sure to keep detailed notes of every meeting you have regarding the harassment, including dates, names of participants, and the meeting results.
This is very, very important. Remain calm and professional during the entire process. Your demeanor and psychological state will be under scrutiny, and everyone involved will be questioning your motives. Save your emotions for a private counselor's office, family, or friends outside the harassment environment. Don't respond to the situation in a way that gives ammunition to the other side, where theylove to discredit harassment complainants on the grounds they cannot deal with conflict constructively.
1. Begin with the grievance channels and procedures available through your Human Resources office.
2. If you plan to make a formal complaint, it is best if you can show them you tried to deal with the situation yourself, first, and in a constructive, professional manner.
Be sure you have witnesses or documented proof that the harassment occurred. Harassers will often lie, saying it never happened, and it becomes a "She said, he said" situation. With proof, it makes it easier for a company to investigate and deal with the problem.
Retaliation for complaining about sexual harassmentis also illegal. Document any instances you experience just as you would the harassment.
Be sure to keep detailed notes of every meeting you have regarding the harassment, including dates, names of participants, and the meeting results.
This is very, very important. Remain calm and professional during the entire process. Your demeanor and psychological state will be under scrutiny, and everyone involved will be questioning your motives. Save your emotions for a private counselor's office, family, or friends outside the harassment environment. Don't respond to the situation in a way that gives ammunition to the other side, where theylove to discredit harassment complainants on the grounds they cannot deal with conflict constructively.
13. By setting the example and becoming a role model, sexual harassment in the workplace can be avoided. Dont allow YOUR workplace to become a hostile environment.
If you do need to place a grievance, use your proper grievance channels. The EEOC will only rule on cases where the harassment occurred within the last year.
Remember, any grievance is held in the strictest of confidence. Sexual Harassment in the Workplace
14. Sexual Harassment in the Workplace I, _______________________, have received, read and understand the Strategic Solutions Unlimited, Inc. Employee Hand Book. I understand that changes, additions and deletions can bemade and will be periodically updated.
Date Received ________________________
Name _______________________________
Signature ____________________________
