Sexual Harassment

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Sexual Harassment
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Objectives

• Policy Guidance.
• Are EO and Sexual Harassment Related?
• Harassment Hostile Work Environment.
• Types of Sexual Harassment.
• Why Does Harassment Go Unreported?

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Policy Guidance

• Civil Rights Act of 1964.
• Title VI
• NGR (AR) 600-21 EO Program in the Army National
  Guard. 14Sep01
• NGR 600-22 National Guard Military
  Discrimination Complaint System. 30Mar01

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Policy Guidance

• NGR (AR) 600-23/ ANGR 30-12 Non Discrimination
  in Federally Assisted Programs. 30Dec74
• Iowa National Guard
• TAG Policy Letters
• IA ARNG Regulations.

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How are EO Sexual Harassment related?

• EO Definition as it appears in NGR (AR) 600-21

• It is the policy of the National Guard to
  provide equal opportunity for NG military
  personnel or applicant for membership in the NG
  they will not be subjected to illegal
  discrimination because of race, color, religion,
  gender (to include sexual harassment), national
  origin, or reprisal resulting from the use of
  this, or any other EO Regulation, to resolve
  grievances.

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Harassment Hostile Work Environment
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Harassment

• Deliberate or repeated offensive comments,
  gestures or physical contact in a work or duty
  related environment and
• Conduct which interferes with an individuals
  performance or creates an intimidating, hostile
  or offensive environment.

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Harassment
Sexual

• Influencing, offering to influence or
  threatening
• the career, pay or job of another person in
• exchange for sexual favors or

• Deliberate or repeated offensive comments,
  gestures or physical contact of a sexual nature
  in a work or duty related environment and
• Conduct which interferes with an individuals
  performance or creates an intimidating, hostile
  or offensive environment.

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Sexual Harassment

• DoD Definition of Sexual Harassment
• Sexual harassment is a form of sex discrimination
  that involves unwelcome sexual advances, request
  for sexual favors and other verbal or physical
  conduct of a sexual nature when
• submission to such conduct is made either
  explicitly or implicitly a term or condition of a
  persons job, pay or career OR
• submission to or rejection of such conduct by a
  person is used as a basis for career or
  employment decisions affecting that person OR
• such conduct has the purpose or effect of
  unreasonably interfering with an individuals
  work performance or creates an intimidating,
  hostile or offensive working environment.

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Sexual Harassment

• NGR 600-21 Policy
• Sexual harassment violates acceptable standards
  of integrity and impartiality required of all
  ARNG personnel, and interferes with mission
  accomplishment and unit cohesion.
• Sexual harassment is not limited to the
  workplace, but can also occur in the work related
  environment.
• Any person in a supervisory or command position
  who uses or condones implicit or explicit sexual
  behavior to control, influence, or affect the
  career, pay or job of a military member or
  civilian employee is engaging in sexual
  harassment. A supervisor who fails to take
  corrective action when sexual harassment is
  reported is condoning sexual harassment.

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Sexual Harassment

• Types of sexual harassment
• Quid Pro Quo.
• Hostile work environment.

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Sexual Harassment

• Quid Pro Quo
• Latin term meaning this for that
• If you do this for me, I will do that for you.

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Sexual Harassment

• Hostile work environment
• Arises when a co-worker or supervisor engages in
  unwelcome and inappropriate sexually based
  behavior that interferes with work performance or
  renders the workplace atmosphere intimidating,
  hostile or offensive.
• Where do we draw the lines between acceptable
  sexual conduct and sexual harassment?
• When the conduct becomes unwelcome.

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Sexual Harassment

• Sexual Harassment can be categorized into 4
  categories
• Verbal.
• Nonverbal.
• Physical.
• Printed Materials.

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Sexual Harassment

• Verbal
• Turning work discussions into sexual topics.
• Whistling or making catcalls at someone.
• Making sexual comments about a persons clothing,
  body or sexual activities.
• Asking questions about a persons sexual life,
  fantasies, preferences or history.
• Off color sexual comments.
• Sexual jokes or profanity.
• Verbal threats.
• Pressure, no matter how slight, for sexual
  activity.

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Sexual Harassment

• Nonverbal
• Paying unwanted attention to someone by staring
  at their body, following or blocking a persons
  path (this behavior must be unwelcome and sexual
  in nature). Commonly referred to as leering or
  giving the once over.
• Sexually oriented entertainment in organizations,
  base facilities or officially sanctioned
  functions.
• Making sexually suggestive gestures with hands or
  through body movement (blowing kisses, licking
  lips, winking, grabbing crotch, lowering pants,
  etc.).

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Sexual Harassment

• Physical
• NOTE Remember these physical behaviors must be
  unwelcome and sexual in nature.
• Hanging around, standing around or brushing
  against a person.
• Touching a persons clothing, hair or body.
• Hugging, kissing, patting or stroking.
• Touching, pinching, bumping or cornering.
• Blocking passageway.
• Playing footsies.
• Providing unsolicited back or neck rubs

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Sexual Harassment

• Printed Materials
• Notes, letters, faxes and computer e-mail (to
  include forwarded material) that is inappropriate
  and/or offending.
• Posters, pictures, cartoons and bumper stickers.
• Calendars and pin-ups

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Harassment

• Impact vs. Intent
• I was only joking is not an excuse, it is a
  barrier to change.
• Behavior is assessed from the perspective of the
  recipient and the IMPACT it had on them.

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Harassment

• What Standards are Used to Assess Behavior?
• Reasonable Person Standard.
• How would a reasonable person under similar
  circumstances react or be affected by such
  behavior?
• Remember, men and women can watch the same
  behavior, but have very different perspectives
  about what they saw and how they feel.

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Harassment

• Leadership Responsibilities
• Ensure that subordinates are trained on EO issues
  and understand what appropriate behavior is.
• Maintain a climate that fosters openness and
  mutual trust. If this does not occur, problems
  will go unreported, unresolved and may get worse!
  
• Address concerns that your soldiers have
  immediately.
• On the spot corrections
• Counseling---orally or written.
• Assist complainants with their questions or
  concerns, or direct them to the unit EOR, BDE EOA
  or the SEEM.

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Harassment

• Leadership Responsibilities
• Attempt to solve the problem at the lowest level.
  Take corrective actions if necessary.
• DOCUMENT every incident.
• Share information with the unit EOR so they can
  build a historical file on each complaint and
  present this information to the Commander.

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Harassment

• To prevent harassment EVERYONE needs to
• Examine your own personal behavior.
• Show respect for individuals regardless of your,
  or their, work position.
• Provide an environment free of intimidating
  hostility or psychological stress.
• Control social interactions so they do not
  interfere with productivity.
• Take corrective action(s) whenever unacceptable
  sexual behavior is displayed.
• Report behaviors that you feel are questionable
  to the chain of command.

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Harassment

• Consequences of inappropriate behavior may
  include the following
• Bar to re-enlistment.
• Letter of admonishment or reprimand.
• Relief for cause.
• Rehabilitative transfer.
• Additional training.
• Required counseling.
• Denial of certain privileges.
• Legal action IAW UCMJ (monetary fine, reduction
  in rank, etc.).

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Why Does Harassment Go Unreported?
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Why Does Harassment Go Unreported?

• Victims do not want to create waves in an
  organization/command.
• Victims lack trust in the organization/command.
• Fear of reprisal or retribution.
• Victims do not want the focus of blame to get
  shifted to them. I couldnt help it, his/her
  shirt was too tight and I couldnt control
  myself.

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Why Does Harassment Go Unreported?

• Why harassment should NOT go unreported?
• You are NOT creating waves. You ARE reporting
  facts that may be supported by other reports of
  this type of behavior. Historical documentation.
• Your command is committed to preventing this type
  of unacceptable behavior. TAG Squad
  Leader.

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Why Does Harassment Go Unreported?

• Why harassment should NOT go unreported?
• Reprisal against an individual for having
  engaged in a protected EO activity is
  prohibited. NGR 600-22
• Whistleblower Protection Act Command
  emphasis on preventing reprisal.
• The focus of blame will not shift to the
  complainant. Tell the truth about the behaviors
  that are occurring and let the facts speak for
  themselves.

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Objectives

• Policy Guidance.
• Are EO and Sexual Harassment Related?
• Harassment Hostile Work Environment.
• Types of Sexual Harassment.
• Why Does Harassment Go Unreported?

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QUESTIONS?