Sexual Harassment

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Sexual Harassment
Strategies Tactics Of Prevention
S T O p
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Objectives

• Define Sexual Harassment
• Understand Your Rights and
• Responsibilities
• Eliminate Potential Sexual
• Harassment Situations
• Define Sexual Assault

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Agenda

• Overview of Current Requirements
• Sexual Harassment Vs. Sex Discrimination
• Key Definitions and Concepts
• Rights and Responsibilities

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Agenda Cont.

• Responding Constructively
• To Sexual Harassment
• Eliminating Potential Sexual
• Harassment Situations
• Sexual Harassment Vs. Sexual Assault
• Impact Everyone Loses

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Define Harassment


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HarassmentUnwanted and Unnecessary Can be
Criminal


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Sexual Harassment IsUnwelcomed Behavior,
Which Is Sexual in Nature


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Sexual Harassment Violates

• Title VII, Civil Rights Act of 1964, Amended
• 1972, 1991
• The Civil Service Reform Act
• The Office of Personnel Management Policy
• Code of Conduct for Federal Employees
• EEOC Management Directive 704
• AR 600-20, Army Command Policy

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Sexual Harassment Violates Cont.

• AR 600-50, Standards of Conduct for DA
• Personnel
• AF 30-30, Standards of Conduct
• AF 30-2, Military Equal Opportunity
• ANGR 30-2, Air National Guard
• ARNGR 600-21 22, AFNGR 36-3 Army National
  
• Guard Equal Opportunity

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Sexual Harassment is Unwelcomed Sexual Conduct
Resulting In

• A Term or Condition of Employment
• Or
• An Employment Decision
• Or
• An Offensive Work Environment

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Types of Sexual Harassment

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Examples of Sexual Conduct

• Exposure of Sexual Parts
• Grabbing
• Pinching
• Hugging/ Kissing
• Stroking/ Rubbing/ Massaging
• Sexual Propositions

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Examples of Sexual Conduct Cont.

• Pressure for Dates
• Sexual Gestures
• Sexually Explicit Pictures/ Drawings
• Sexual Written Materials( Poster, Calendars,
• Magazines, etc.)
• Cornering/ Blocking
• Ogling/ Leering

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Exercise
Identify Examples of Sexual Harassment Actual,
Potential or Perceived
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Sexual Harassment Costs!

The Impact Everyone Loses

• Impaired Work Mission Performance (Unit,
  Victim,
• Harasser)
• Undermines Unit Chain Of Command
• Creates Unhealthy Climate of Fear, Suspicion
  Distrust
• Victim Work Avoidance-Excessive Sick Call,
• Tardiness/Absences
• Victim Fear, Anxiety, Guilt Depression
• Victim Fear of Consequences Retaliation, Not
  Being
• Believed, Perceived as Whiners, Hurting
  Harassers
• Career Family, or Damaging the Units Good
  Name

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Sexual Harassment Costs! Cont.
The Impact Everyone Loses

• Harasser Loss of Respect, Impaired Ability to
  
• Lead, Career Jeopardized, Work
  Relationships
• Compromised, Families Destroyed

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UCMJ- Punishable By

• Making Sexual Comments or
  Gestures
• Article 89 Disrespect Toward Superior Officer
• Article 91 Insubordinate Conduct To a WO/NCO
• Article 117 Provoking Speech Gestures
• Article 134 Indecent Language
• Influencing/Threatening Career, Pay or Job of a
  Person in Exchange for Sexual Favors
• Article 93 Cruelty Maltreatment

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UCMJ- Punishable By

• Making Unsolicited or Unwelcome Sexual Contact
  w/
• Intent to Gratify Lust or Sexual Desire
• Article 134 Indecent Assault
• Threatening the Career, Job or Salary of a Person
  
• Unless He or She Cooperates
• Article 127 Extortion
• Article 134 Communicating a Threat
• Offering Rewards for Sexual Favors/ Behaviors
• Article 134 Bribery Graft

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UCMJ- Punishable By

• Engaging in or Condoning Sexual Harassment
  Behavior
• Article 92 Failure to Obey an Order or
  Regulation
• Article 133 Conduct Unbecoming to an Officer
• Article 77 Violating Principle

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Administrative Actions

• Counseling Additional Training
• Reassignment / Transfer
• Oral or Written Reprimand
• Adverse Performance Evaluation
• (OER/NCOER)
• Relief for Cause (OER/NCOER)
• Relief for Duty
• Bar to Reenlistment
• Separation
• UCMJ Action

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Common Sense Test Ask the Following
Questions

• Is the Conduct Sexual in Nature/ Connotation?
• Is the Conduct Unwelcome by Any Person
• Subjected to it?
• Does the Conduct Create a Hostile/ Offensive
• Work Environment?
• Sexual Favors Demanded, Requested or Suggested
  
• As a Condition of a Job or Mission Success?

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REASONABLE PERSON STANDARD

• In judging whether the incident is Sexual
  Harassment it must be
• viewed from the perspective of a Typical,
  Reasonable Third Party.
• Would a reasonable person find that behavior
  hostile,
• offensive, or intimidating and adversely
  affect his/her ability
• to do his/her work?

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Employee Action Chart

Personal Action Steps
Organizational Steps
Sexual Assault
Criminal Behavior
Abuse
Seek Special Personal Resources (Legal,
professional counseling, feminist groups, etc.)
Targeted Sexual Treatment
Move Outside Organization
Document
Channels Other Than Supervisor
Support Net
Talk To Coworkers
Talk To Supervisor
Intervening Party or Representative
Document
Offensive Conduct
Assertion
Assertion Response
Sexual Harassment Gauge
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Supervisory Responsibility


Communicate Expectations
Control Behavior
Take Corrective Actions
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Organizational Responsibility

Take Immediate And Appropriate Corrective Action