Sexual Harassment

Do you know what it really means?A. Yes B. Not Sure C. NoDo you know what to do if you

encounter it yourself?A. Yes B. Not Sure C. No

It’s Illegal…

• Sexual harassment is a form of sex discrimination that violates Title 7 of the Civil Rights Act of 1964.

The U.S. EEOC (Equal Employment Opportunity

Commission) Says…• (1) Sexual harassment consists of unwelcome and unwanted sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature that creates an intimidating,

hostile, or offensive environment. • (2) It also consists of discriminating

against someone based on gender.

This includes…• unfulfilled threats to impose a sexual favor. • discussing sexual activities; • telling off-color jokes; • unnecessary touching (example: a coworker leans close to you and

rubs your shoulders when you don’t want him/her to); • commenting on physical attributes; • displaying sexually suggestive pictures; • using demeaning or inappropriate terms, such as "Babe"; • using indecent gestures; • sabotaging the victim’s work; • engaging in hostile physical conduct; • granting job favors to those who participate in consensual

sexual activity; • using crude and offensive language • Unwanted flirting

Sexual Harassment in School

• 79% of boys and 83% of girls report receiving unwanted sexual attention.

• In 2001, 76% of students experienced nonphysical harassment. 68% experienced physical harassment.

Sexual Harassment in School

• Using your CPS Remote, what percentage of teen age students do you think are sexually harassed at school?

Harassment in Schools

• Students are most upset when someone…– Spreads sexual rumors about them – 75%– Pulls off or down their clothing – 74%– Says they are gay or lesbian – 71%– Forces them to do something sexual other

than kissing – 72%– Spies on them as they dress or shower – 69%– Writes sexual messages or graffiti about them

on bathroom walls or in locker rooms – 63%

Excuses for Harassment

• The most common excuse is “its just part of school life; a lot of people do it; it’s no big deal.”

• 3 out of 10 harassers think that the victim liked it.

• 1 out of 4 say their friends encouraged them to do it.

• Educators and parents may explain away harassment as “boys will be boys.”

How is sexual harassment different from just being friendly?

• (8-11) Sexual harassment makes people feel uncomfortable. It is UNWANTED and UNWELCOME attention.

• In many workplaces, coworkers are informal, friendly, and somewhat personal with each other. They may joke about each other's appearance, or put arms around each others’ shoulders.

• When this occurs in an atmosphere of MUTUAL RESPECT and TRUST, there is no problem. If everyone is okay with it, there is no problem.

Who are the Victims?

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

• (12) The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

• Although sexual harassment generally is perpetrated by men against women, any form of unwelcome sexual advance against employees of either gender may be the basis for a case of unlawful sexual harassment.

Statistics

• (13-14) In Fiscal Year 2007, EEOC received 12,510 charges of sexual harassment. 16% of those charges were filed by males.

Statistics

• Using your CPS remote, enter what % of men you think are sexually harrassed in a year.

Can sexual harassment occur without physical touching or a threat to the

employee’s job?• (15-16) Yes. The nature of sexual

harassment may be purely verbal or visual (pornographic photos or graffiti on workplace walls, for example), and it does not have to involve any job loss. Any nonsexual but gender-based conduct that creates a work environment that a reasonable person would consider hostile may amount to sexual harassment.

Don’t men have a right to free speech? Can’t they express their view that women belong

in the kitchen, not in the shop?

• The first Amendment protects some forms of expression, even in the workplace, but the verbal threats often involved in sexual harassment are not protected as free speech.

• For example, the First Amendment would not protect, as free speech, a supervisor’s comment to a subordinate that she will lose her job if she does not sleep with her boss. Nor will the First Amendment protect conduct that offends and intimidates other employees to the point that their work is affected, creating a sexually hostile environment.

Bottom line…• You have free speech, but “free speech” doesn’t involve

making someone uncomfortable on their job to the point where they have trouble getting their work done.

• You are here to work and earn a paycheck. Why should you be forced to work in an place that makes you feel distracted, unhappy and uncomfortable? It isn't fair.

• You are getting paid for your hard work…not to goof around and create hostile, aggressive work environments for those around you.

• Everyone should have the same chance and opportunities to work or go to school where they choose. Everyone has the right to pursue their dream jobs, get a fair education and earn a good living. People who sexually harass others destroy this right.

What to do if you’ve been sexually harassed

• (17) Confront the person first. You MUST put aside your hesitation and SAY something to the harasser. Chances are, he doesn’t realize that what he is doing makes you uncomfortable. With conviction be clear and firm. If you are not comfortable speaking to the harasser alone, take someone with you as a witness and for support. Most people will stop offensive behavior once someone points it out.

• (18) If you can not confront the person, tell someone of higher authority: a boss, teacher, parent, principal, other manager.

• (19) Keep records. It is very important to write down dates, times, places, and witnesses to what happened. If you receive any notes, email, or written letters from the harasser, keep them. Information that is documented can be used to support a complaint.

• You Have the Right to File a Complaint It is your right to have your complaint heard. If you believe you have been sexually harassed you are encouraged to bring it to the attention of a boss. You will be given answers to questions about the process and your options, advice, and/or referrals.

• Sometimes the harasser will be warned, or fired if the behavior continues. Sometimes a lawsuit will be filed.

• Written complaints usually end up in the harasser’s permanent record that will follow him through out his career.

Please understand….

• Being sexually harassed is an extremely humiliating and demeaning ordeal. Often, those who are sexually harassed are too afraid to speak up because they think it’s their fault.

• However, if you don’t speak up, don’t be surprised if the behavior continues. It’s your responsibility to take action.

• No one deserves to be treated like an object, or discriminated against because of their gender.

Final thoughts…• (20)Think twice before making a sexual

comment, or showing a picture that may be considered inappropriate.

• (21)Watch your mouth! Someone could be offended by your foul language.

• (22) Get to know your co-workers and supervisors because, if you are going to joke around, or act informally in the workplace, be absolutely, 100% sure that every single person around you is okay with it.

• (23) Remember, if someone files a grievance against you, it goes in your permanent record. Be Smart! And be Careful!

Sources…

• University of Florida Office of Equal Opportunity.

• The U.S. Equal Employment Opportunity

• Human Relations Media, Inc.

• Multicultural Education in a Pluralistic Society by Gollnick and Chinn

• . http://www.dotcr.ost.dot.gov/