Sexual Harassment

1
Sexual Harassment

• Any unwelcome sexual advance acceptance of which
  is made a condition of continued employment.
  (Quid pro quo)
• Any unwelcome sexual advance or conduct on the
  job that creates an intimidating, hostile or
  offensive working environment. (Hostile
  Environment)

2
Examples

• Obscene comments
• Coerced sex
• Obscene behavior
• Refusal of management to discipline for sexual
  harassment
• Preference to employee who consents to advances

3
Effects

• Effects
• to individual worker
• loss of job
• loss of wages and/or position
• retaliation
• stress
• Women as a group
• limited job options
• reinforcement of patterns of discrimination
• constant vigilance of women

4
Legal background

• Civil Rights Act of 1964
• prohibited race, color, religion, national origin
  and sex discrimination
• EEOC prohibits sexual harassment, 1980

5
Legal background, 2

• Supreme Court sexual harassment is
  discrimination
• Meritor Sav. Bank v. Vinson 1986
• First monetary damages, 1991
• CA Supreme 2005
• Consensual sex between supervisor and employee is
  sexual harassment under certain conditions.
  (Miller v. Dept. of Corrections)

6
Legal Definition

• Conduct of a sexual nature by supervisor,
  co-worker or customer, which is unreasonable and
  is severe and pervasive and is either a
  condition of employment and/or promotion (quid
  pro quo) or creates a hostile environment.

7
Conduct of a sexual nature

• Can be verbal or physical
• Examples
• sexual advances
• outright hostility against women workers
• lewd pictures, language which create a sexually
  poisoned workplace offensive to many women
  employees

8
Unreasonable

• which is unreasonable
• This is not a subjective standard the conduct
  must be objectionable from the point of view of
  the average reasonable person.
• Some courts use the reasonable woman standard.

9
severe and pervasive

• The severity and pervasiveness of conduct is
  measured by
• The frequency of the conduct
• How hostile it is.
• Whether it is committed by a supervisor,
  co-worker or customer.
• Supervisor conduct is worse because of their
  power over job.
• Whether others were joining in
• Whether there were numerous targets

10
Consensual sex with subordinate

• Miller v. Dept. of Corrections, CA Supreme Ct.
  2005 Consensual sexual affair between
  supervisor and employee is sexual harassment if
  it creates a hostile environment in which message
  is sent to other women employees That they are
  sexual playthings OR That the only way to get
  ahead is through sex.

11
Employer liability

• Employers are legally liable for sexual
  harassment
• by supervisor, whether or not management knew
  about it,
• by co-worker, if management knew or should have
  known.

12
Effective policies

• Statement
• that it will not be tolerated
• define prohibited behavior
• spell out penalties
• Training (e.g.CA AB1825)
• Reporting guidelines
• Prompt and confidential investigation
• Make results known
• Strong policy against retaliation

13
Confronting sexual harassment

• Confront harasser
• If harassment continues
• collect evidence
• keep a journal
• talk with friends and co-workers
• contact or organize support group
• get a copy of work records
• use formal complaint procedures