Preventing Sexual Harassment

1
Preventing Sexual Harassment

• Ohio Department of Administrative Services
• Equal Opportunity Division

2
Legislation Prohibiting Sexual Harassment In
State Government

• Title VII of the Civil Rights Act of 1964 as
  Amended (1991)
• Gubernatorial Executive Order 99 - 25
• -Policy Against Discrimination in State
  Government
• DAS Directive Order Number 99 O4T,
• -Continuing the Authorization of the State
  Equal Employment
• Opportunity Division for the Implementation
  of Sexual
• Harassment Policy for State of Ohio Employees
• The Ohio Revised Code Section 4112

3
What is Sexual Harassment ?

• The Equal Employment Opportunities Commission
  guidelines defines sexual harassment as
  Unwelcome sexual advances, requests for favors
  and other verbal or physical conduct of a sexual
  nature when
• Submission to such conduct by an individual is
  made explicitly or implicitly a term or condition
  of employment
• Submission to, or rejection of such conduct by an
  individual is used as the basis for an employment
  decision
• Such conduct has the purpose or affect to
  interfere with an individuals work performance,
  or creates a hostile or intimidating environment.
  
• Source Federal Equal Employment Opportunity
  Commission

4
Hostile Work Environment

• Hostile Work Environment
• Unwelcome sexual advances, request for sexual
  favors and other verbal or physical conduct of a
  sexual nature constitute hostile environment
  sexual harassment when such conduct has the
  purpose or effect of unreasonably interfering
  with an individuals work performance or creating
  an intimidating, hostile or offensive working
  environment.
• Source Federal Equal Employment Opportunity
  Commission

5
Defining A Hostile Environment

• The following factors are used to determine
  whether an environment
• is hostile
• Whether the conduct was verbal or physical or
  both
• How frequently it was repeated
• Whether the conduct was hostile or patently
  offensive
• Whether the alleged harasser was a co-worker or
  supervisor
• Whether others joined in perpetrating the
  harassment
• Whether the harassment was directed at more than
  one individual

6
Totality of the Circumstances

• No one factor controls what is considered a
  hostile work
• environment. An assessment is made upon the
  totality of
• the circumstances.
• Source Harris v. Forklift Sys., Inc., No. 92
  1168 slip op. (Nov. 9, 1993).

7
Quid Pro Quo

• Quid Pro Quo Latin term meaning this for that
  
• (i.e. If you do this for me Ill do this for
  you)
• Unwelcome sexual advances, request for sexual
  favors and
• other verbal or physical conduct of a sexual
  nature
• constitutes quid pro quo sexual harassment.
• Source Federal Equal Employment Opportunity
  Commission

8
Intent vs. Impact

• INTENT The personal thoughts and purpose of the
  harasser's behavior in a given situation.
• IMPACT The individuals personal perceptions
  and interpretations of verbal and non-verbal
  behaviors displayed by the harasser.
• Concerning sexual harassment, the intent of the
  behavior is not as is important as the impact of
  the behavior.

9
Reasonable Person Standard

• Reasonable person, reasonable woman or
  reasonable victim standard
• A reasonableness standard guards against
  claims by hypersensitive
• individuals. In other words, a particular
  individual might be genuinely offended by her
  male co-workers invitation to lunch, but a
  reasonable person would not view the conduct as
  sexual harassment.
• On the other hand, a reasonable person
  standard would not incorporate stereotypical
  attitudes that might be prevalent in a workplace.
  So even if a workplace has long been pervaded
  with sexual epithets and sexual graffiti, a
  reasonable person could find that such conduct
  creates a hostile environment.
• Source document Harris vs. Forklift Systems,
  Inc. No. 92 1168 slip op. (Nov. 9, 1993).

10
Sexually Harassing Behaviors

• Sexual jokes, innuendos and gestures
• Unsolicited and unwelcome flirtations, advances
  of propositions, however subtle
• Graphic or degrading comments about someones
  appearance, dress, or body
• Sexual or intrusive questions about an
  individuals personal life
• Pressure (however subtle) for sexual activity
• Physical or sexual assault, including rape

11
Facts About Sexual Harassment

• The victim as well as the harasser may be woman
  or a man.
• The victim does not have to be of the opposite
  sex.
• The harasser can be the victims supervisor, an
  agent of the employer, a supervisor in another
  area, a co-worker or a non employee.
• The victim does not have to be the person
  harassed but could be anyone affected by the
  offensive conduct.
• The harassers conduct must be unwelcome.

12
Management Responsibilities

• Notify subordinates of the sexual harassment
  policy.
• Establish and maintain a work atmosphere which is
  free of such harassment.
• Conduct sexual harassment training for all
  managers, supervisors and employees.
• Cooperate with the Ohio Department of
  Administrative Services Equal Opportunity
  Division DAS/EOD to eliminate sexual harassment.
• Inform the aggrieved persons of their right to
  contact the following Enforcement Agencies
  DAS/EOD, Ohio Civil Right Commission and the
  Federal Equal Employment Opportunity Commission.
• Source Federal Equal Employment Opportunity
  Commission

13
Employees Responsibilities

• Keep a copy of your sexual harassment policy at
  work.
• Copies should be posted and made available within
  the Human Resources Division or EEO Division.
• Agency EEO policies should be posted and include
  the EEO Officers name, phone number and
  location.
• Follow the guidelines of your employers sexual
  harassment policy.
• Keep a detailed log of the offensive behavior.

14
Best Practices for Eliminating Sexual Harassment

• Conduct yourself in a business like manner.
• Become familiar with your right to work in an
  environment free from discrimination based on
  sex.
• Become acquainted with your organizations policy
  and procedures for reporting sexual harassment.
• Determine the type of action you would take if
  you were sexually harassed.
• Source American Media Incorporated Video
  training leaders Guide Sexual Harassment in the
  WorkplaceIdentity.Stop.Prevent

15
Preventing Sexual Harassment

• IF YOU HAVE QUESTIONS REGARDING SEXUAL
  HARASSMENT
• You May Contact Your Agency EEO
  Representative or You May Contact The Ohio
  Department of Administrative Services, Equal
  Opportunity Division at [phone]