judicial system sex harassmt 2009

8/12/2019 Judicial System Sex Harassmt 2009

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Improving Judicial Response to SexualHarassment in the Courtroom

Running Time: 2 hoursMaterials: Flipchart and flipchart stand/chalkboard, markers, Handouts A, , !

Target Audience: "udges, court personnel, la#$ers, legal professionals

This session is intended as an opportunit$ for %udges, court personnel, and other legal professionals tostrategi&e about impro'ing the %udicial response to se(ual harassment in the courtroom and in theirprofession generall$) This session #ill be most helpful after introductor$ sessions in #hich the d$namicsof se(ual harassment are e(plored in depth *+ee Myths and Realities of Sexual Harassment; Causes andTheories of Sexual Harassment ) Facilitators ma$ #ant to prepare b$ identif$ing specific aspects of thelocal %udicial s$stem to be addressed in this training, and are encouraged to modif$ the learning ob%ecti'esand acti'ities accordingl$)

Introduction

Facilitator: The %udicial s$stem pla$s a crucial role in addressing se(ual harassment) "udges makedecisions that affect the li'es of the 'ictim, the harasser and/or emplo$er, and potentiall$ other emplo$eesin the #orkplace) The %udicial s$stem can help protect 'ictims, help raise a#areness regarding se(ualharassment, ensure that perpetrators are held accountable, and pre'ent further harassment) -espite thefact that se(ual harassment is a #idespread problem, its 'ictims face man$ obstacles #hen the$ seekrelief from the legal s$stem) -uring this session, #e #ill identif$ barriers in the legal s$stem that impede'ictims. abilit$ to access %ustice) e #ill then consider specific strategies to address these barriers)

Learning Objectives:

Facilitator: At the end of this session, participants #ill be able to:

0 1dentif$ barriers in the legal s$stem that impact 'ictims. abilit$ to access/achie'e %ustice inse(ual harassment cases)0 -e'elop strategies for o'ercoming barriers in the legal s$stem)0 Raise a#areness of se(ual harassment)

Activity 1: Sexual Harassment Definitions and Sources of Law

) 3(plore participate kno#ledge/e(perience) Facilitator leads a session to identif$ the range ofparticipants. e(perience and kno#ledge of se(ual harassment la#) Facilitator asks participants todiscuss #hether and ho# often the$ are called upon to address se(ual harassment matters, as #ell asto describe *#hile maintaining pri'ac$ the general t$pes of cases the$ ha'e seen) Facilitator createsa list of general t$pes of se(ual harassment cases that participants ha'e seen or, if there are not man$e(amples from personal e(perience, Facilitator can ask for e(amples of #hat the$ percei'e to be

t$pical se(ual harassment cases)Write down abbreviated descriptions of the cases as they are offered on a flipchart without anycomments, notes or uestions for !"# minutes$ %fter discussin& the types of cases, post the liston the wall so it is visible throu&hout the trainin& wor'shop )

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2) -iscuss fre4uenc$ and merit of se(ual harassment claims asserted) Facilitator asks participants toestimate, based on their personal e(perience, #hat percentage of se(ual harassment claims * ha'emerit, and *2 result in some t$pe of fa'orable resolution for the 'ictim) Also, ask #hether the$ canestimate ho# man$ #omen e(perience se(ual harassment in the #orkplace) Facilitator notes that#hile conclusi'e ans#ers on such 4uestions are not a'ailable, the a'ailable research is thought0pro'oking:

The #nited States 34ual 3mplo$ment 5pportunit$ !ommission *335! , recei'ed 2,6 7charges of se(ual harassment in 2778 * 9 of #hich #ere filed b$ males ) 5f the 2,6 7charges, ,6;2 #ere resol'ed, #ith0 #hich means charges #ith fa'orable outcomes for

the charging part$ *the alleged 'ictim , such as negotiated settlements, #ithdra#al of thecharge after receipt of some desired benefit, or conciliations,

0 ?6 resulting in a determination of no reasonable cause to find harassment hadoccurred, and

0 2? being closed for administrati'e reasons, such as inabilit$ to find a part$)

1n a recent sur'e$ of $ussian #omen:0 77 of participants said the$ had been sub%ected to se(ual harassment b$ their bosses0


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?) -iscuss ke$ elements of se(ual harassment) Facilitator asks participants to de'elop a list of ke$elements of a se(ual harassment claim, based on the 3D definition or the applicable la#:

+e(ual harassment:

is unwanted) im!ro!er or offensive conduct

can be verbal) non*verbal or !"ysical , e)g), comments about the target.s bod$, displa$s ofpornographic material, or se(ual touching)

relates or refers to t"e sex of t"e target) e)g), comments about the competence of #omen,derogator$ comments about a pregnant colleague #ho is #orking, or is sexual in nature) e)g),se(ual %okes or references to the target.s bod$ or se(ual life)

ma$ be +uid !ro +uo "arassment : the 'ictim.s refusal or acceptance of beha'ior influencesdecisions concerning her emplo$ment or conditions of emplo$ment, e) g) a manager tells hisassistant, Eerform a se(ual fa'or for me and $ou #ill G/ or $ou #ill not get promoted>

alternati'el$, ma$ create a "ostile wor, environment : The harasser or harassers. beha'iorcreates an intimidating, hostile, degrading, humiliating or offensi'e en'ironment, e)g), maleemplo$ees make dail$ comments o'er a long period of time about the se(ual life and bod$ oftheir female co0#orker #hich comments are audible to the co0#orker)

%t this point, )acilitator may wish to as' participants for, or )acilitator may add, any examplesthat help explain$ Record the su&&estions on the flipchart for everyone to see$

6) 3(amine applicable se(ual harassment la#) Facilitator pro'ides Handout and discusses rele'antsources of 1nternational and Cational Ia# on se(ual harassment, including *depending on rele'ance :

#nited -ations: Resolution ?@/ 7?, -eclaration of the 3limination of Jiolence Againstomen, #hich:

0 defines 'iolence against #omen to include se(ual harassment, #hich isprohibited at #ork, in educational institutions and else#hereK and

0 encourages de'elopment of penal, ci'il or other administrati'e sanctions, as #ellas pre'entati'e approaches to eliminate 'iolence against #omen)

Africa: Erotocol to the African !harter on Human and Eeoples. Rights on the Rights ofomen in Africa dictates that +tate Earties take appropriate measures to:

0 eliminate all forms of discrimination against #omen and guarantee e4ualopportunit$ and access in the sphere of education and training,

0 protect #omen from all forms of abuse *including se(ual harassment ,0 ensure transparenc$ in recruitment, promotion and dismissal of #omen, and

combat and punish se(ual harassment in education and the #orkplace)

%uro!ean #nion: -irecti'e 2779/6?/3! and ;89 34ual Treatment -irecti'e, as amended0 notes that the !harter of Fundamental Rights of the 3uropean Dnion prohibits

discrimination on the grounds of se( and enshrine the right to e4ual treatmentbet#een men and #omen in all areas, including emplo$ment, #ork and pa$)

0 clarifies that se(ual harassment constitutes discrimination on the grounds of se(0 obligates Member +tates to prohibit, at a minimum, beha'ior meeting the

-irecti'e.s definition of se(ual harassment in the #orkplace)0 encourages emplo$ers to take measures to combat all forms of se(ual

discrimination and pre'ent harassment in the #orkplace)

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#nited States: +ection 87 The 34ual 3mplo$ment 5pportunit$ !ommission, charged #ith enforcing the la#,

pro'ides guidance e(plaining that:0 Title J11 does not proscribe all conduct of a se(ual nature in the #orkplace, onl$un#elcome se(ual conduct that is a term or condition of emplo$ment)

0 un#elcome se(ual conduct constitutes se(ual harassment #hen submission tosuch conduct is made either e(plicitl$ or implicitl$ a term or condition of anindi'idualNs emplo$ment>

0 t#o t$pes of se(ual harassment ha'e been identified:

* /+uid !ro +uo0 "arassment , #here an indi'idual.s submission to orre%ection of harassing conduct is used as the basis for emplo$mentdecisions affecting the indi'idual, and

*2 /"ostile environment0 "arassment ,

both of #hich are actionable as forms of se( discrimination) Although the t#o t$pesare theoreticall$ distinct claims, the line bet#een the t#o is not al#a$s clear andthe$ often occur together:

For e(ample, an emplo$ee.s tangible %ob conditions are affected #hen ase(uall$ hostile #ork en'ironment results in her constructi'e discharge)+imilarl$, a super'isor #ho makes se(ual ad'ances to#ard asubordinate emplo$ee ma$ communicate an implicit threat to ad'ersel$affect her %ob status of she does not compl$) =Hostile en'ironment>harassment ma$ ac4uire characteristics of =4uid pro 4uo> harassment ifthe offending super'isor abuses his authorit$ o'er emplo$ment decisionsto force the 'ictim to endure or participate in the se(ual conduct) +e(ualharassment ma$ culminate in a retaliator$ discharge if a 'ictim tells theharasser or her emplo$er she #ill no longer submit to the harassment,and is then fired in retaliation for this protest) Dnder these circumstancesit #ould be appropriate to conclude that both harassment and retaliationin 'iolation of section 87?*a of Title J11 ha'e occurred)

See 335! #ebsite, http://###)eeoc)go'/polic$/docs/currentissues)html , 'isited 5ct) 6, 2778)

9) !larif$ concepts of hostile #ork en'ironment harassment) Facilitator notes that man$ people areconfused about the concept of a hostile #ork en'ironment) Facilitator asks the participants to consider#hat kinds of facts might contribute to a hostile #ork en'ironment) 5n the flipchart, dra# a line'erticall$ do#n the middle of the page and record these ans#ers on one side) !on'ersel$, ask theparticipants to describe facts #hich might undercut a claim of hostile #ork en'ironment) Record those

responses on the other side)

)acilitator should be prepared to start the discussion with examples if necessary$

3(amples of facts that might contribute to a hostile #ork en'ironment include:0 se(ual comments or slurs

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0 displa$s of se(uall$0oriented pictures, calendars or other materials0 un#anted se(ual ad'ances *including a range of conduct, from asking someone for se(

to asking someone on a date K0 a pattern of harassing conductK and, incidence of se(ual harassment directed to other

emplo$ees in addition to the 'ictim)

3(amples of facts that might detract from a hostile #ork en'ironment claim include:0 the alleged 'ictim participated in the conductK0 the conduct #as an isolated incidentK and,0 the 'ictim ne'er complained to a super'isor or other managerial personnel before

bringing suit)

Cote that these factors ma$ not be determinati'e alone, but are rele'ant considerations)

8) -iscuss participant e(perience) Facilitator should lead a discussion asking #hether, in theire(perience, %udges or %uries are more #illing to accept as true and punish certain t$pes of se(ualharassment cases, and con'ersel$ #hether %udges and %uries are more resistant to accepting orpunishing other t$pes of cases) Ask the participants if the$ ha'e an opinion as to #h$ certain t$pes ofcases are 'ie#ed #ith more skepticism or reluctance to punish) Dse this to segue into the ne(t t#oacti'ities, e(plaining that first $ou #ill discuss ho# cases come to court, and then $ou #ill discuss #hatbarriers e(ist for 'ictims #ho #ant to file se(ual harassment cases in court)

Activity : Discussion of How Sexual Harassment &ases &ome to &ourt

) Facilitator begins b$ asking the participants to describe ho# se(ual assault cases come before %udgesin the courtroom, discussing cases that the$ ha'e seen in their practice, #hile maintaining the pri'ac$of the indi'iduals in'ol'ed) Facilitator ma$ dra# the participants. attention to the follo#ing:

hat, if an$, are the specific se(ual harassment la#s Are there possible criminal 'iolations in'ol'ed #ith a se(ual harassment claim

hich ci'il/ administrati'e code pro'isions appl$ to se(ual harassment-escribe an$ other cases in $our practice in #hich se(ual harassment #as an issue)

Are se(ual harassment claims an issue for other t$pes of cases, for instance #rongfultermination !onstructi'e discharge Are the$ brought as counterclaims #hen emplo$ersbring suit against emplo$ees

efore be&innin& this session, it is recommended that facilitators review how the le&alsystem in the country of trainin& addresses sexual harassment$ )or instance, somecountries have different standards for what constitutes a hostile wor' environment, andmany countries do not have criminal sanctions for sexual harassin& conduct$

2) Facilitator summari&es the results of the brainstorming dra#ing the participants. attention to the factthat the$ see e'idence of se(ual harassment in a 'ariet$ of cases in their practice)

Activity 2: Identifying .arriers in t"e Legal System to Accessing 3ustice

) rainstorming on potential barriers) Facilitator leads brainstorming session to create a list ofpossible reasons that 'ictims of se(ual harassment choose not to enter the legal s$stem andpotential barriers to #omen seeking relief through the courts)

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Write down each idea as they are offered on a flipchart without any comments, notes oruestions for #"-. minutes$ %fter discussin& the ideas, post the list on the wall so it is visible

throu&hout the trainin& wor'shop$

a) +tructural/administrati'e barriers) Ask participants to first consider factors that ma$ affecta 'ictim.s abilit$ to use the legal s$stem #hich are not personal to her, but rather are

limitations presented b$ the s$stem itself) 3(amples:Hours of operation and/ or location of the courtKFees associated #ith filing a caseK-ela$ in court proceduresKMonetar$ sanctions imposed against the perpetrator or emplo$erK etc)

b) Eersonal/legal barriers) Ce(t, ask the participants to consider personal reasons that ma$lead 'ictims to choose not to pursue a claim) 3(amples: '2

Feelings of guilt or embarrassment about se(ual harassmentKFear the$ #ill be blamed for the conduct *accused of =asking for it> through beha'ior ordress K

Fear the$ #ill lose their %ob or suffer other reprisalKFor professional #omen in particular, concern the$ #ill not be taken seriousl$ after filing acomplaint or #ill be 'ie#ed as =troublemakers>KFear the$ #ill be 'ie#ed as o'erreacting to =harmless> beha'ior)

c) +ummar$ and relation to causes and theories) Facilitator summari&es the results of thebrainstorming, adding points that #ere not brought up b$ the participants if necessar$)Facilitator ma$ also discuss the #a$s in #hich the personal reasons align #ith issuesdiscussed in the =!auses and Theories of +e(ual Harassment> training module)

2) 1dentif$ing barriers in fact patterns) Facilitator forms small groups of ?09 participants, distributessample scenarios, flipchart sheets and markers and gi'es them the follo#ing task:

-iscuss the scenario in $our group and identif$ the t$pes of barriers that #e %ust listed) 1naddition, identif$ an$ specific acts of the 'arious professionals mentioned in the scenario that the'ictim encounters, #hich ma$ ha'e impeded a 'ictim.s access to %ustice)

Record $our conclusions on a flipchart) Oou #ill ha'e 27 minutes for this task, after #hich $ou #illreport to the entire group)

)acilitator should modify the scenarios provided as appropriate to illustrate problemareas specific to the country of trainin&$ /deally, each scenario will contain a combination of0structural1 problems, i$e$ havin& to do with the physical and administrative aspects of the court,as well as le&al professionals2 attitudes and beliefs about sexual harassment$


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Allo# participants from the obser'ing group to ask the presenting group 4uestions about theirfindings)

%s each &roup reports, record the main points of the &roup2s presentation, &roupin& li'eissues to&ether under ma3or cate&ories, i$e$ 0physical layout of court and hours of operation,10lac' of understandin& about sexual harassment le&islation,1 0problems that arise durin& thehearin& of the case,1 etc$ e aware that participants may focus on problematic conduct or acts ofthe professionals involved in each scenario$ 4)or example, the 3ud&e interrupts the victim and

prevents her from tellin& her story$5 /f so, draw participants2 attention to possible omissions thatmay also have contributed to the situation described in the scenario$ )or example, the 3ud&e failsto as' the victim about other possible examples or incidence of harassin& conduct$

Repeat the process until each group has reported its conclusions and thank all the participants fortheir hard #ork) !onclude this acti'it$ b$ encouraging participants to consider other barriers afterlea'ing toda$.s training session, and to be on the look out for them going for#ard)

)Activity 4: Develo!ing Strategies for Im!roving t"e 3udicial $es!onse to Sexual

Harassment

) 1ntroduction) Facilitator: 1n the prior acti'it$, #e focused on identif$ing barriers in the legal s$stem for'ictims of se(ual harassment #ho are tr$ing to obtain %ustice) The purpose of the ne(t e(ercise #ill beto strategi&e about concrete #a$s in #hich the %udicial s$stem can minimi&e these barriers andimpro'e its response to cases of se(ual harassment)

2) +trateg$ de'elopment ) Facilitator di'ides participants into small groups of ?09 participants and gi'eseach group one of the categories listed on the flip chart from the pre'ious discussion) Facilitator gi'eseach group pieces of flipchart paper and a marker and tells them that the$ #ill brainstorm andstrategi&e about potential solutions to the problems listed in their categor$, classif$ing the solutions aseither =immediate actions> *actions that can be undertaken no# #ith little or no e(pense and =long0term action> *acti'ities that re4uire e(tensi'e planning, coordination, technical assistance or funding )Facilitator sho#s the participants a flipchart illustrating a continuum that #ill help them toconceptuali&e the range of acti'ities the$ can discuss, and gi'es them 27 minutes to complete thetask)

6rior to the exercise, prepare a flipchart with the followin& continuum$ The flipchart can also includea sample problem and strate&ies to illustrate the purpose of the exercise7

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Eroblem: 8ictims of sexual harassment may have little time to pursue a claim because the court2s hoursof operation conflict with their wor' schedules$

Immediate Long*termAction Action

%s participants wor' on the tas', move from &roup to &roup and help clarify their tas'$)acilitator should prepare some possible strate&ies to assist each &roup if they find it difficult tobrainstorm potential solutions$ /n addition, facilitator should encoura&e participants to focus onshort"term achievable strate&ies, even if they are not complete solutions to the identified

problems$ %lso, encoura&e them to thin' about ways that the 3udiciary interacts with other actorsin the law enforcement system and possible actions they can ta'e as well$


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?) Facilitator asks the participants #hether the$ can each, as indi'iduals, make a commitment to tr$ toimplement one or more of the short0term strategies) 1f the group is in agreement, facilitator asks eachparticipant in turn to commit to an attainable goal and to tell the group #hat it is and #hat their timelineis for implementing it) Facilitator concludes b$ encouraging participants to #ork together and useeach other, as #ell as other professionals, as resources in implementing these strategies)

5uestions and &omments:

Facilitator should end the session b$ asking if there are remaining 4uestions or comments related to thismaterial) Peeping track of feedback #ill allo# the facilitator to make useful changes to futurepresentations)

!op$right Q 277; The Ad'ocates for Human RightsK a'ailable from http://###)stop'a#)org)Eermission is granted to use this material for non0commercial purposes) Elease use proper attribution)

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$% %$%-&%S

) ;89 -irecti'e on the 1mplementation of the Erinciple of 34ual Treatment for Men and omen asRegards Access to 3mplo$ment, Jocational Training and Eromotion, and orking !onditions

2) -irecti'e 2772/8


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HA-DO#6 A+3SDAI HARA++M3CT +TAT1+T1!+ AC- -3F1C1T15C

17 #7S7 Statistics7 The 34ual 3mplo$ment 5pportunit$ !ommission in the Dnited +tates *335! ,#hich is charged #ith enforcing federal se(ual harassment la#s under Title J11, pro'ides thesestatistics:

=1n Fiscal Oear 2778, 335! recei'ed 2,6 7 charges of se(ual harassment) 9)7 of thosecharges #ere filed b$ males) 335! resol'ed ,6;2 se(ual harassment charges in FO 2778 andreco'ered ?;); million in monetar$ benefits for charging parties and other aggrie'ed indi'iduals*not including monetar$ benefits obtained through litigation )>

See 335! #ebsite, http://###)eeoc)go'/t$pes/se(ualUharassment)html , visited 9ct$ -:, ..


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Definition of Sexual Harassment

The 3uropean Dnion 34ual Treatment -irecti'e defines harassment related to se( and se(ual

harassment as follo#s:Harassment related to se( is =conduct related to the se( of a person Gthat occurs #ith thepurpose of or effect of 'iolating the dignit$ of a person, and of creating an intimidating, hostile,degrading, humiliating or offensi'e en'ironment)>

+e(ual harassment is =an$ form of un#anted 'erbal, non0'erbal, or ph$sical conduct Gthat occurs#ith the purpose or effect of 'iolating the dignit$ of a person, in particular #hen creating anintimidating, hostile, degrading, humiliating or offensi'e en'ironment)>

=Harassment Grelated to se( and se(ual harassment #ithin the meaning of Gthe -irecti'e shall bedeemed to be discrimination on the grounds of se( and therefore prohibited) A person.s re%ection of or

submission to, such conduct ma$ not be used as a basis for a decision affecting that person)>

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HA-DO#6 .+3SDAI HARA++M3CT IA +

$esolution 4891 4 ado!ted by t"e #nited -ations ;eneral Assembly on the report of theThird !ommittee, -eclaration of the 3limination of Jiolence Against omen: Dnder this -eclaration,'iolence against #omen is defined to include se(ual harassment, #hich is prohibited at #ork, ineducational institutions and else#here) The Resolution encourages the de'elopment of penal, ci'il orother administrati'e sanctions, as #ell as pre'entati'e approaches *including legal and political topromote the elimination of 'iolence against #omen)

(rotocol to t"e African &"arter on Human and (eo!les< $ig"ts on t"e $ig"ts of=omen in Africa , Adopted b$ the 2nd 5rdinar$ +ession of the Assembl$ of the Dnion, Maputo,!A /I3B/99)9 *+ept)


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harassment are actionable under section 87< of Title J11 of the !i'ilRights Act of ;9?, ?2 D)+)!) L 2777e02*a , as forms of se(discrimination)

=Although 4uid pro 4uo and hostile en'ironment harassment aretheoreticall$ distinct claims, the line bet#een the t#o is not al#a$s clear

and the t#o forms of harassment often occur together) For e(ample, anemplo$eeNs tangible %ob conditions are affected #hen a se(uall$ hostile#ork en'ironment results in her constructi'e discharge) +imilarl$, asuper'isor #ho makes se(ual ad'ances to#ard a subordinate emplo$eema$ communicate an implicit threat to ad'ersel$ affect her %ob status ifshe does not compl$) Hostile en'ironment harassment ma$ ac4uirecharacteristics of 4uid pro 4uo harassment if the offending super'isorabuses his authorit$ o'er emplo$ment decisions to force the 'ictim toendure or participate in the se(ual conduct) +e(ual harassment ma$culminate in a retaliator$ discharge if a 'ictim tells the harasser or heremplo$er she #ill no longer submit to the harassment, and is then fired inretaliation for this protest) Dnder these circumstances it #ould beappropriate to conclude that both harassment and retaliation in 'iolationof section 87?*a of Title J11 ha'e occurred)>

See The D)+) 34ual 3mplo$ment 5pportunit$ !ommission #ebsite,http://###)eeoc)go'/polic$/docs/currentissues)html , visited 5ct) 6, 2778)

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HA-DO#6 &+AMEI3 +!3CAR15+

Scenario 1

3lena has decided to prosecute her case of se(ual harassment pri'atel$, since she is concerned about her fello# co0#orkers finding out about her case and treating her differentl$ at the office, and because she feels embarrassmentabout the harassment) 3lena has had to take a da$ off #ork to go to the court, and she missed a fe# da$s pre'iousl$because she felt uncomfortable going to #ork to face her harasser) +he is #orried that she ma$ be fired from her %obif she has to take an$ more time off)

3lena arri'es at the court #ith her $oung son) 5rdinaril$, the child #ould be in kindergarten, but 3lena is not sureho# long she #ill ha'e to be in court and is #orried that she #ould ha'e to lea'e to meet her child if he #ere atschool) After man$ hours of #aiting, the child is getting hungr$ and tired begins to cr$, so a clerk arri'es and asksthem to please be 4uiet or to #ait outside the building)

Iater, in the courtroom, the %udge asks 3lena #h$ she has brought the case) +he tries to e(plain that her super'isorhas been harassing her b$ repeatedl$ asking her out on dates, e'en though she has refused e'er$ time and told himshe is married) He makes a point to sho# 3lena maga&ines he keeps on his desk that contain photographs of naked#omen and #ith se(uall$ e(plicit material, and tells her se(uall$ e(plicit %okes almost dail$) hen she has asked him

to lea'e her alone, he tells her to =lighten up,> and claims he is %ust %oking) He tells 3lena.s co0#orkers in front of herthat she is =uptight,> and a =prude)> The$ generall$ laugh along #ith him, but don.t sa$ an$thing to 3lena)

The %udge asks 3lena =has $our super'isor tried to force $ou to ha'e se(ual relations #ith him > and 3lena ans#ers=no)> The %udge asks =does he touch $ou in a se(ual #a$ > 3lena ans#ers =onl$ once)> The %udge asks =has hethreatened to fire $ou > 3lena responds that her super'isor has not said the specific #ords, although she #orriesabout being fired if she keeps refusing him) Then the %udge asks, =#ell, if he hasn.t forced $ou to do an$thing, and hehasn.t threatened to fire $ou, #hat are $ou here for > The %udge ultimatel$ dismisses the case)

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Scenario

1rena #orks si( da$s a #eek to support her husband, #ho is disabled, and their t#o children) Mone$ is tight, but her

%ob offers good benefits) 1rena has been se(uall$ harassed b$ a co0#orker, "ames, for the past fe# months, but %ustrecentl$ the harassment escalated #hen he started to demand se(ual fa'ors) 1n the past, her super'isor and co0#orkers had obser'ed "ames ask 1rena out on dates) 1rena al#a$s refused, and se'eral times she asked him tolea'e her alone) Her super'isor told "ames to =cut it out> a couple of times, but took no further action) Co#, "amesthreatens 1rena that he #ill tell their boss that she sometimes takes long lunches if she does not ha'e se( #ith him)1rena has occasionall$ taken longer lunches in order to do errands that she cannot other#ise complete because she#orks during normal business hours, such as taking her children to doctor appointments) 1rena kno#s that her bosshas little tolerance for emplo$ees #ho aren.t present during their scheduled #ork hours, and takes "ames.s threatseriousl$)

1rena has decided to seek help through the court because she is afraid that her boss #ill fire her if she goes directl$to him as she belie'es "ames. #ill carr$ out his threat) The court filing fee is a significant burden for 1rena, and shehas no mone$ to consult an$ t$pe of ad'ocate or attorne$) 1rena tells the %udge that she #ants "ames.s conduct to bestopped, but does not #ant her emplo$er to =get in trouble> because she is afraid she #ill face reprisal if thathappens) +he #ants to make sure her %ob is safe, but thinks "ames should be punished for his conduct)

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Scenario 2

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!ornelia is a 22 $ear0old professional #oman #ho has come to court alleging that she #as locked out of her officeafter she refused to ha'e se(ual relations #ith her ?80$ear0old boss) =He al#a$s claimed that female #orkerssignaled to him #ith their e$es that the$ desperatel$ #anted to Wbe laid. on the boardroom table as soon as he ga'ethe #ord,> she told the %udge) =1 didn.t reali&e at first that he #asn.t speaking metaphoricall$)>

The %udge thre# out !ornelia.s case not because of lack of e'idence, but because he thought the emplo$er.s conduct#as not improper) The %udge said: =1f #e had no se(ual harassment #e #ould ha'e no children)> X

=>ote, this scenario is based on a true case ) See Huffington Eost, Russian ?ud&e Rules Sexual Harassment /s 9'ay %s /t *nsures Survival of Human Race , Aug) 6, 277@, http://###)huffingtonpost)com/277@/7@/76/russian0%udge0rules0se(uaUnU 878 )html)

The #oman in this case had been hoping to be onl$ the third #oman in Russia.s histor$ to bring a successful se(ualharassment action against a male emplo$er) See Adrian lomfield, Telegraph)co)uk, Sexual Harassment o'ay as itensures humans breed, Russian 3ud&e rules , "ul$

judicial system sex harassmt 2009

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