Sexual Harassment:

Trend or Turning Point

First Edition
By Riley Harvill, Ed.D

A Self-Paced Sexual Harassment Prevention Course

Participant Workbook

Fire Protection Publications Oklahoma State University

First Edition First Edition

Sexual Harassment:
Trend or Turning Point
A Self-Paced Sexual Harassment Prevention Course

By Riley Harvill, Ed.D

Participant Workbook

Published by Fire Protection Publications Oklahoma State University Stillwater, Oklahoma

Author: Dr. Riley Harvill Editor: Terry Copley Editorial Assistant: Tara Gladden Project Manager: Rachel Hutchinson Technical Reviewer: Fred Stowell Design/Layout: Missy Hannan

All Rights reserved, No part of this publication may be reproduced without prior written permission from the publisher. ISBN 0-87939-270-3 Library of Congress Control Number: 2005935492 First Edition First Printing, April, 2006

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Printed in the United States of America

Oklahoma State University in compliance with Title VI of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 (Higher Education Act) does not discriminate on the basis of race, color, national origin or sex in any of its policies, practices or procedures. This provision includes but is not limited to admissions, employment, nancial aid and education services.

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Contents Contents
A Message to You.................................................................................vii Overview. ..............................................................................................ix Introduction............................................................................... 1 Objectives..............................................................................................1 Four Scenarios........................................................................................1 Scenario #1: Performance Evaluation...............................................1 Scenario #2: Two Friends at Work....................................................3 Scenario #3: Raise in Pay..................................................................5 Scenario #4: Female Supervisor Asks Male Subordinate for a Drink......6 Answers: Four Scenarios.........................................................................7 Dening Sexual Harassament........................................................... 9 What Is Sexual Harassment?. ..................................................................9 Dening Sexual Harassment................................................................12 Consider These Incidents.....................................................................12 A Short Skirt!.................................................................................13 The Bikini and the Sheri!. .............................................................14 An Aair with the Boss!. .................................................................14 Answers: Consider These Incidents.......................................................15 A Short Skirt..................................................................................15 The Bikini and the Sheri..............................................................16 An Aair with the Boss..................................................................17 Sexual Harassment Questionnaire.................................................. 19 Case Example #1............................................................................19 Case Example #2............................................................................20 Case Example #3............................................................................20 Case Example #4............................................................................21 Case Example #5............................................................................21 You Be the Judge..................................................................................22 Denition......................................................................................22 Wilson v. Wayne County (1994)....................................................22 Answers: Sexual Harassment Questionnaire. .........................................26 iii

Answer: You Be the Judge. ....................................................................28 Wilson v. Wayne County (1994)....................................................28 Scenarios..............................................................................................32 Scenario #1: Shoulder Massage. ......................................................32 Scenario #2: Would You Do It For a Raise?....................................35 Scenario #3: I Own Every Part of You: Emotionally, Physically, & Intellectually. .............................................................................37 Answers to Scenarios............................................................................38 Scenario #1: Shoulder Massage. ......................................................38 Scenario #2: Would You Do It For a Raise?....................................42 Scenario #3: I Own Every Part of You: Emotionally, Physically, & .... Intellectually. .............................................................................42 Quick Hits...................................................................................... 45 Scenario #1....................................................................................45 Scenario #2....................................................................................45 Scenario #3....................................................................................46 Scenario #4....................................................................................46 Scenario #5....................................................................................46 Scenario #6....................................................................................47 Scenario #7....................................................................................47 Scenario #8....................................................................................47 Scenario #9....................................................................................47 Scenario #10..................................................................................48 Scenario #11..................................................................................48 Scenario #12..................................................................................48 Scenario #13..................................................................................48 Scenario #14..................................................................................48 Scenario #15..................................................................................49 Scenario #16..................................................................................49 Scenario #17..................................................................................49 Scenario #18..................................................................................50 Scenario #19..................................................................................50 Scenario #20..................................................................................50 Scenario #21..................................................................................51 Scenario #22..................................................................................51 Scenario #23..................................................................................51 Scenario #24..................................................................................51 Scenario #25..................................................................................52 Answers: Quick Hits............................................................................52 Scenario #1....................................................................................52 Scenario #2....................................................................................52 Scenario #3....................................................................................53 Scenario #4....................................................................................53 Scenario #5....................................................................................53

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Scenario #6....................................................................................53 Scenario #7....................................................................................53 Scenario #8....................................................................................54 Scenario #9....................................................................................54 Scenario #10..................................................................................54 Scenario #11..................................................................................54 Scenario #12..................................................................................54 Scenario #13..................................................................................54 Scenario #14..................................................................................54 Scenario #15..................................................................................54 Scenario #16..................................................................................55 Scenario #17..................................................................................55 Scenario #18..................................................................................55 Scenario #19..................................................................................55 Scenario #20..................................................................................55 Scenario #21..................................................................................55 Scenario #22..................................................................................55 Scenario #23..................................................................................55 Scenario #24..................................................................................55 Scenario #25..................................................................................55 Frequently Asked Questions........................................................... 57 Summary. .............................................................................................61 Focusing on Prevention........................................................................65 Action Planning and Contracting Form.........................................65 Guidelines for Supervisors....................................................................67 Listening to the Complaint............................................................67 Quick Guide for Supervisors................................................................69 Do.................................................................................................69 Dont..............................................................................................69 What To Do If It Happens To You.......................................................69 What Good Ocers/Supervisors Should Do..................................70 Sample Sexual Harassment Policy. ........................................................71 A. Responsibilities..........................................................................71 B. Denitions. ................................................................................72 C. Supervisor/Subordinate Relationships........................................73 D. Eliminating Unwelcome Behavior.............................................73 E. Corrective Action.......................................................................73 Summary. .............................................................................................74 Posttest........................................................................................... 79 Answers: Posttest..................................................................................81 About the Harbeck Company..............................................................85 About Dr. Riley Harvill........................................................................85 Adavit of Completion.......................................................................86

A Message to You A Message to You

A Message to You

The denition of sexual harassment is any unwanted act or behavior with sexual undertones that negatively impact the recipients work environment. Thus, unwanted touching, lewd gestures, oensive language, and oers of raises or promotions in return for sexual favors are examples of sexual harassment. But what about subtleties like telling someone You look attractive today or patting someone on the shoulder? Is telling someone nice shoes, they go well with that dress or your hair looks sexy, an example of an oensive comment? Most of us would say no, but these very comments have been the central facts in some hostile environment sexual harassment suits. So, outside the ivory tower, what is sexual harassment in real life? Suce it to say that the answer lies not so much in the denition of sexual harassment but in the interplay among three interconnected factors: (1) the context/nature of the relationship, (2) whether the behavior and actions are unwanted, and (3) the reasonableness of the recipient/complainant. These are not factors that respond well to handy denitions. Perhaps the most perilous aspect of relying upon overly simplistic federal guidelines is that they fail to take into consideration the individual dierences among the recipients of oensive acts. Additionally, just because someone can recite what the guidelines say does not mean this knowledge will help the person take action -- should he or she be an unfortunate victim nor does it dictate that such knowledge will cause harassers to behave appropriately. Almost every incident of sexual harassment involves previous captious exchanges. These are verbal and nonverbal interchanges that are intended to confuse, entrap, or entangle the recipient and form a harassing alliance where the harasser makes advances and the recipient takes an inactive stance even though the possibility of sexual harassment exists in the mind of the recipient. These incidents are like approaching thunderstorms. We hear them rumbling in the distance, but they are of little initial concern. We know they are there, but we have a false sense of security that we could never be struck by the lightning. Then the storm is upon us and it seems that there is no cover. Only in retrospect do we recognize that the warning signs were right before us. What begins as a rumble soon becomes a dangerous electrical storm. Similarly, the harasser often begins the process by slowly feeling his or her way along in an attempt to determine whether some sort of reciprocity will prevail. In most instances, the harassment is

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the culmination of several if not dozens of interchanges between harasser and victim. In fact, a kind of covenant often exists between harasser and victim. Initially, the victim, through lack of action, agrees not to protest or share his or her discomfort. The harasser agrees to continue since there has not been a verbal stop, or Im not comfortable with this. The method of this workbook is to give you practice analyzing actual workplace scenarios, putting yourself in the role of both victim and harasser, and covertly practicing what you would do if a similar incident occurred to you. This workbook also takes a look at you, who you are, what your tendencies are, and how much you trust yourself regarding your reactions and perceptions during critical incidents. This is important because the law does not protect you during these incidents, but only after the incident and after you may have suered irreparable damage to your career. The better armed you are with regard to your perceptions and tendencies toward minimization, the better you will be able to protect yourself from a hostile environment. This course is a very serious undertaking for our organization. It is not being delivered simply to lessen liability. In order to serve eectively, our organizations goal must be to create a productive and safe environment for women and men. Oensive sexual conduct must not be tolerated. Our overall goal in providing you with this material is to eliminate the hostile environment created by sexual harassment in order to give our organization the best opportunity to thrive. Specically, we want to educate you about this topic and dispel all myths. As employees, you are of concern because you are the organizations most valuable asset. Without you, the organization could not function. As you continue to create a productive and safe environment for everyone, you will witness the synergy created by the mix of men and women striving toward a common purpose. Our organization will be better able to recruit and retain talented employees, and you will be in a better position to meet your personal, career, and nancial objectives. Together we can make this a strong organization; one that will compete in todays global marketplace.

Thank you, The Command Sta

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Overview
Inappropriate sexual conduct is pervasive in the current U.S. workplace. It is estimated that there will be 30,000 complaints led with the EEOC in this calendar year. However, it is believed that only 30% of oended individuals ever do anything about it. If that is the case, then almost 100,000 people per year consider themselves sexually harassed. While this is a relatively small number compared to the total number of workers in the U.S. workforce, the current climate is one of increasing liability and litigation. Additionally, while no specic studies reveal the prevalence of sexual harassment in the re service, anecdotal reports and our own consulting experience in re departments suggest that sexual harassment complaints are on the rise. This should be of great concern to re departments around the country. Settlement and damage awards are astronomical with average out-of-court settlements ranging anywhere from $20,000 - $250,000 and upwards of $500,000 if the case is fully adjudicated, not counting legal fees. There is little doubt that part of the reason for the rise in complaints stems from demographic changes including the increasing number of women entering re service. The former male dominated work culture of joking and prodding will, no doubt, change. Sexual harassment not only impedes an individuals career opportunities, but it also takes a toll on the victims physical and emotional health. Victims of sexual harassment may experience headaches, anxiety attacks, gastrointestinal disorders, sleep disturbances, disordered eating patterns, nausea, weight gain or loss, and crying spells. Additional psychological eects include lowered self-esteem and feelings of powerlessness. The American Psychiatric Association has recognized sexual harassment as a severe stressor. Although the emotional eects from harassment are often devastating, the economic eects are no less ruinous. Victims of harassment may have to leave a rewarding job for one with fewer monetary and professional benets. Furthermore, if the victim does have to leave his or her job in order to end the harassment, the person may suer long-term economic losses. Along with the loss of a paycheck, if a person remains out of the work force for any length of time, his or her Social Security and any private pension will be disrupted. Medical fees may increase as the victim seeks counseling or visits the doctor more often with the physical aects of the harassment. If the victim les a claim, this person may face attorneys fees. Because of the damages allowed under current antidiscriminatory laws, even those victims who le claims and win may still not recoup all economic losses incurred because of the harassment. The victims of harassment are not the only ones aected by unwanted sexual conduct. Their departments are also aected and have hidden annual costs that include lost productivity, turnover and retraining costs,

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absenteeism, maintenance of internal complaint mechanisms, lower morale, loss of teamwork, and inability to recruit high-quality employees and high performing leaders.

Introduction Introduction

Objectives
In this workbook you will learn: What sexual harassment is The extent of both personal and organizational liability The four factors comprising hostile environment What is meant by sex for jobs or quid pro quo (this for that) How to prevent sexual harassment How to report sexual harassment

Four Scenarios
Before we delve into denitions of sexual harassment, lets see if you can navigate your way through a few real-life scenarios. We have provided you with the dialogue from four incidents, each of which resulted in sexual harassment allegations. Read the scripted dialogue, and answer the questions at the end of each scenario. Our answers are provided following the scenarios.

Scenario #1 Performance Evaluation

(A male supervisor approaches a female subordinate and lightly taps her on the shoulder. It is the day in which all employees are to be given their performance reviews). Good morning, he says. Good morning, she replies (She appears somewhat tense.) Are you anxious to nd out the results? he asks. Of course. Who wouldnt, she replies. Positive? Yes, yes, come on. Tell me. You rank highest in the department.
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(She is overjoyed and squeals with glee) Calm down! Calm down! he says. I need to explain something to you. Look at the bottom of your evaluation. Youll note my handwritten comments. (He leans over her shoulder and points at the comments). I must tell you that I did not rate you the same as everyone else. Oh? she replies. No, no. Youre dierent. See, (pointing) I gave you a little something extra. But, hey! The way I see it, if you are exemplary in an area, you should be rewarded for it. Right? Sure, I guess so. As you see here. Ive noted your appearance. You are an impeccable dresser, well coordinated, very attractive. I think you are a great representative for this company. Ohwellthanks, she replies. Youre very welcome, he says. I think it put you over the top. (Pats her on the shoulder and walks away) Is this sexual harassment? Why? Why not? Assume that this supervisor is not making sexual advances, nor does he intend to make her uncomfortable. If you said yes then you may feel that her discomfort in being evaluated dierently is sucient to call his actions harassing. Or, you may not care for his use of the word attractive during a performance evaluation. More than likely your armative response is based upon the perception that his actions are simply unwanted. But lets muddy the waters a bit because real life is never that simple. The dialogue above reveals that the recipient never says stop or I dont appreciate those comments. Thus, if sexual harassment is essentially UNWANTED COMMENTS OR BEHAVIOR WITH SEXUAL UNDERTONES THAT NEGATIVELY IMPACTS THE WORK ENVIRONMENT, then an important question arises: shouldnt the recipient speak up? Otherwise, how might the harasser know his/her behavior is unwanted?

Questions To Be Answered

1. Must the oended person communicate that the unwanted behavior is, in fact, unwanted? Yes No (Circle one) Why or why not?_ _______________________________________________ ___________________________________________________ 2. Is unwanted enough to make a complaint of sexual harassment? Yes No (Circle one) Why or why not?______________________ ___________________________________________________

3. Do U.S. courts agree that unwanted (being oended by another persons actions or comments) is sucient in nding sexual harassment? Yes No (Circle one) Why or why not?____________ ___________________________________________________ ___________________________________________________ Lets alter the scenario even a bit more. Assume that the supervisor comes from a friendly family environment touchy, feely and that he means no harm whatsoever. Also, assume that the subordinate, for whatever reason, is hypersensitive to physical advances. 1. Should this supervisor be punished because the recipient is hypersensitive? Yes No (Circle One) Why or why not?_ ________ ___________________________________________________ 2. What counts the most: his intent or her reaction? (Circle One) __ Why?_ _____________________________________________ ___________________________________________________ 3. __ __ __ Must he alter himself and his natural behavior in light of todays heightened sensitivity and increased litigation? Yes No (Circle ___ One) Why or why not?_________________________________ ___________________________________________________

Granted, you may never run across a situation exactly like the one just described. However, the elements are derived from an actual incident and illustrate real-life concerns and questions not often described by more theoretical treatments.

Scenario #2 Two Friends at Work

(A male reghter sneaks up behind his female friend and coworker in the kitchen area and grabs her around the neck and says boo. She breaks into a big smile and says: welcome back and punches him on the arm. He has been on an extended vacation and when he comes into the station, some of the men tell him that she has some interesting news). _____ Close your eyes, she says. I have a surprise for you. _____ What? he replies. _____ Close your eyes, she demands. _____ The guys say you have something interesting to tell me, he says. _____ Now you can look. _____ (She holds up her nger and shows him an enormous diamond ring.)
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_____ Whoa, he exclaims. You guys nally got married. And what a rock! _____ Yea we nally did it after what, four years of dating. _____ Well, congratulations, he says. _____ Thank you. Listen, Im sorry that you couldnt be there but it was just a real spur-of-the-moment thing. _____ Thats O.K., anyway, I know Rusty (her husband) pretty well. After all, I introduced the two of you and, as you know, he and I still occasionally go to a ball game together. _____ Yea, I know. What? What are you thinking? she asks. _____ I dont know if you know this or not, but Rusty is quite the braggart. _____ Oh, of course I know that. Thats just Rusty. You have to take him with a grain of salt. _____ I dont know. He raises some very interesting questions after a couple of beers. _____ What do you mean? _____ Listen, you and I have been friends for a long time, right? _____ Right. _____ And we have told each other all of our dirty little secrets. _____ All of our dirty secrets, she replies. _____ Then what I want to know is this: How is he? (makes a pumping motion with his hand) _____ You know what Im talking about! Now that you guys are married, how is he? _____ Get outta here, she screeches. I cant believe you would ask me that. Go on. _____ O.K., O.K. he grins. I know you though. Youll tell me later. 1. Is this sexual harassment? What if she returns the joking? Some of you may say that this is sexual harassment because he makes a lewd gesture. On the other hand, the dialogue indicates that they have shared a somewhat lewd relationship with each other to this point. She has been an equal partner in the joking. Thus, some of you may feel that this is not sexual harassment unless he continues to pressure her after she

says stop. Keep in mind that she has shared dirty secrets before and this guy may simply be continuing with the kind of relationship theyve shared thus far.

Scenario #3 Raise in Pay

(A male supervisor approaches his female subordinate from behind. Loosening his tie and his topmost button, he leans toward her and snis her hair.) Ummm Hmmm. What is that youre wearing? Thats my perfume and if you werent standing so close, you might not be able to smell it. Hmmf, that would be a pity, he says. Listen, I watched you come in from the parking lot this morning. I noticed your dress and those earrings...very attractive. And it caused me to think about you. Oh? Yes, you know, with your knockout appearance I think you could serve the company in a dierent capacity. My department is where its at and honey, youve got it. Are you oering me a promotion? she asks. Lets say a raise in pay. A paycheck like yours would be nice. Ha, ha. Youve got to work for that, he says. How about it, lunch? Im busy, she says. Besides, you gave me a deadline for this report, remember? Forget the deadline. How about dinner? I was supposed to meet with Karass, but hes out of town so Im completely free. Like I said, Im busy. (The supervisors demeanor shifts as he buttons his shirt and straightens his tie) I thought you took your job seriously. I thought you had your eye on the future. Listen, theres something you should think about. I could ask anyone in this company to lunch, anyone. And guess what? Most of them would be willing to go. Maybe you should think about that. Whats that supposed to mean? she asks. Anything you want it to mean. You gure it out.
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1. Is this an example of sexual harassment? Yes No (Circle One) Comments:__________________________________________ __ ___________________________________________________ 2. Would it be an example of sexual harassment if she responded to his invitation by going to dinner with him? Yes No (Circle One) Comments:__________________________________________ ___________________________________________________ __ ___________________________________________________ 3. Could it be sexual harassment if she consented to a sexual relationship with him? Yes No (Circle One) Comments:________ ___________________________________________________ ___________________________________________________ __ (Heres a hint for you. One of the primary facets of the denition of sexual harassment is that the sexual conduct must be unwanted.) 4. Must she say no or stop in order to establish that the behavior was unwanted. In other words, must the recipient communicate his or her dislike of the behavior in order to send the message that it is unwanted? Yes No (Circle One) Comments:__________ ___________________________________________________ ___________________________________________________

Scenario #4 Female Supervisor Asks Male Subordinate for a Drink

A female supervisor asks to see a male subordinate. When he walks in she pleasantly informs him that she is aware that he has been having problems with the new software program. Sheepishly he admits that he has struggled with it. Well, were under quite a sti deadline, and I need everyone up to speed, she says. So, how about meeting me after work. Well have a drink at the pub and go over the problems you are having. Are you suggesting that the team meet for happy hour? he asks. Not the team. Everyone else is doing ne. Just you. Oh, I see. So drinks after work. Bring your laptop and all the questions you have. Sounds great, he says. Sure, that would be helpful. 1. Is this sexual harassment? Yes No (Circle One) Explain:_ _______ __ ___________________________________________________

2. Under what conditions would it be sexual harassment?_________ ___________________________________________________ 3. Under what conditions would it not be sexual harassment? _____ __ ___________________________________________________ Very good! You managed to get through that. But what do you really think about sexual harassment complaints and lawsuits? 4. Do you think its all blown out of proportion? Yes No (Circle one) Why?_ _________________________________________ __ ___________________________________________________ 5. Do you believe that its about time that victims had the power to ght back? Yes No (Circle one) Why?______________________ __ ___________________________________________________ 6. Do you think the problem would be solved if only women would have the courage to say no or stop? Yes No (Circle one) Why? __ ___________________________________________________

Answers: Four Scenarios

behavior. If this is the only occurrence of impropriety, then this would probably not be considered illegal. This behavior alone is probably not pervasive enough to create a hostile environment, that is, it is not severe enough, frequent enough, humiliating enough, nor would it have, for the reasonable person, a negative impact on her work performance. However, this in no way means that what he did with her was appropriate from the standpoint of the eective workplace. In addition, she might feel extremely uncomfortable and may perceive that he is doing her a favor and expects sex in return. Even if his intentions are purely honorable, this does not preclude her from experiencing discomfort. This would be an example of sexual harassment if he does expect sex in return and punishes her for refusing. Thus, what we will be discussing here today are both legal criteria as well as company policies regarding appropriate conduct in the workplace. Keep in mind that the company has provisions for discipline up to and including termination for any inappropriate workplace conduct.

#1. The issue is whether this is an example of illegal or inappropriate

behavior oensive and whether it was unwanted. Lets assume that she did nd it oensive that he would ask such a personal question. It would not yet meet the four criteria set forth in the Harris Case (frequency, severity, level of threat and humiliation, and the degree to which it aects the recipients work environment). Again the reasonable person would probably not say that this was so negative as to aect the work environment. It would also not be severe or frequent, although it could be humiliating. However, it
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#2. In this example, sexual harassment begins with whether she found his

would be sexual harassment if he repeated this behavior on a daily basis or threatened her in some manner for refusing to be amused by his joking. Again, this does not mean that what he did was appropriate workplace behavior. The eective workplace would discipline/terminate him long before it reached legal proportions. This phrase called reasonable person is an important one because contrary to popular belief, not everything is sexual harassment. In fact, if everything were considered sexual harassment then, in eect, the most egregious forms of behavior would be lumped in with behavior that would normally be considered merely an annoyance. Sexual harassment must be severe and pervasive enough to have a negative eect on work performance and must be deemed so by an objective not merely subjective standard. Thus, this is not an example of sexual harassment unless the female coworker was oended, told him to stop, and he continually repeated the incident to the point where it had a negative impact on her work environment. Of course, there is the question of whether this is appropriate behavior for the workplace and if a third party were to overhear the conversation they might be oended.

#3. This is denitely an example of sexual harassment. The legal theory is called quid pro quo (I promise you a raise or a promotion if you will give me sex) and involves coercion. The fact that he is tying promotions/raises to sexual performance essentially alters the conditions of the workplace. In this example, the supervisors behavior could still be considered sexual harassment even if she consents to dinner and/or sex if she can prove that refusing his oers would likely have resulted in some sort of punishment regarding her employment status. She does not necessarily have to say no or stop if it can be proven that she would have been punished. Essentially, the atmosphere of coercion already exists which negates the necessity of communicating that the behavior is unwanted.
some work circles it is not at all inappropriate as long as the purpose of the meeting does not involve sexual favors. This would be considered sexual harassment if he feels that he cannot say no and there is past evidence of repercussion if he does so.

#4. This is not sexual harassment if this is all that happens. In fact, in

Dening Dening Sexual Harassment

What Is Sexual Harassment?

Take a moment and jot down your denition of sexual harassment: ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Perceptions of what constitutes proper sexual conduct may vary a bit from one person to another. This variance is aected by several factors including culture, gender, family upbringing, and previous life experiences. Thus, although there are specic legal parameters that dene sexual harassment, not everyone may perceive sexual conduct in the same manner. In addition, the perception that conduct is improper may also be aected by the relationship between the two individuals. The truth is that sexual harassment consists of unwelcome conduct of a sexual nature, and it in no way aects ordinary social contact between employees. The fears expressed in the statements above are simply misplaced. Although an increasing number of companies prohibit dating, nothing in the law prevents dating, as long as it is done in a manner that respects a coworkers dignity and wishes. Oce romances are not unlawful, as long as both employees welcome the relationship. Supervisors who date their subordinates, on the other hand, may be putting their jobs in jeopardy. Because of the imbalance of power between supervisors and subordinates, it is always possible for a subordinate to state (after the fact) that they submitted to the supervisors advances only out of a fear of reprisal. Thus, another closely held misconception is that if the subordinate responds favorably to the verbal or physical advances, the supervisor is in the clear. Not so! Supervisors should heed caution. It may be surprising to note that a seemingly consensual relationship between a supervisor and subordinate does not preclude the subordinate from being able to make sound case for sexual harassment when the subordinate is submitting to a sexual relation 9

ship with the supervisor in order to remain employed. Thus, for supervisors, what is a consensual sexual relationship may, in fact, be the subordinates belief that sexual behavior is a necessary condition for the job. If this can be proven as fact, it is illegal. There are two kinds of sexual harassment: quid pro quo and hostile environment. Quid pro quo sexual harassment always involves an explicit or implicit oer of job favors in return for sex. Someone with supervisory authority can only perpetrate this type of sexual harassment and carries what is termed strict liability which means that, if proven, eliminates the possibility for an armative defense on the part of the company. Examples of quid pro quo sexual harassment include the following: I promise you a raise or promotion if you will have sex with me. Lets talk about your raise over dinner tonight. You know, pleasing people around here goes a long way toward a raise, if you know what I mean? Punishing an employee for refusing sexual advances. Giving an employee a poor evaluation for refusing sexual advances. Both supervisory personnel and coworkers can perpetrate hostile environment sexual harassment. Hostile environment incidents usually involve repeated unwanted acts that have a negative eect on the recipients work performance. In these cases the employer is liable unless reasonable care was exercised to prevent and correct the harassment and the plainti unreasonably failed to take advantage of any preventive or corrective measures oered by the employer. In the case of quid pro quo sexual harassment, the employer does not have to know about the incident(s) in order to be held liable. In the case of hostile environment sexual harassment, the company is negligent only if it knew of the harassment and failed to take prompt and immediate remedial action. Examples of hostile environment sexual harassment include the following: Telling lthy jokes. Making lewd or suggestive comments. Displaying nude photographs or pictures. Bragging about ones sex life. Questioning a coworker about her/his sex life. Making personal comments about the way someone looks. Example: You have beautiful legs, or That dress accents your gure. Unwanted touching.

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 Blocking a coworker and preventing his or her freedom of movement. Writing lewd or suggestive notes to coworkers. Making lewd hand or body gestures. Persistently leering at someone in a sexual or suggestive fashion. Rubbing against someone in a sexual manner. Making sexual slurs/comments. Spreading rumors about a coworkers sex life. Giving unwanted personal gifts. Example: underwear Sexual harassment begins by bothering someone in a sexual way. The harasser oers sexual attention to someone who didnt ask for it and doesnt welcome it. The unwelcome behavior might or might not involve touching. It could just as well be spoken words, graphics, gestures, or even looks (not any look but the kind of leer or stare that says, I want to undress you). Sexual harassment is dierent from the innocent mistake that is, when someone tells an o-color joke, not realizing the listener will be oended, or gives what is meant as a friendly squeeze of the arm to a coworker who doesnt like to be touched. Such behavior may represent insensitivity, and that may be a serious problem, but its usually not sexual harassment. On the other hand, an employee who is repeatedly belittled or referred to by sexist or demeaning names has been sexually harassed, as has one who is subjected to lewd pictures or photographs. Pornographic remarks, unwanted physical contact, repeatedly asking someone for a date after they have said no, dirty language, and oering an employee a raise or promotion in return for sex are also examples of sexual harassment. The forms that sexual harassment can take are as varied as a perverse imagination can create. The following are some examples of harassment that have made the news: Female reghters were rated by male reghters as they pass by the men, followed by lascivious comments about their hips and breasts. Women were subjected to a dress code by their supervisor -established by him --specically so he could admire their legs. An employee of a county sheris oce is taken for a country drive by the newly elected sheri and told that she and her mother can only keep their jobs if she starts seeing him. A Penthouse models employer coerces her into having sex with the companys nancial advisor. A chief repeatedly exposed himself to female reghters, passed around child pornography, and gave choice working assignments to the women who cooperated with his sexual advances.

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 A woman is obliged to dress in a scanty costume and stand in the lobby of a large oce building in New York City, where passersby ogle her. A male machine operator is subjected to repeated sexual solicitation and physical assaults by a male supervisor. A bank employers supervisor propositions her, fondles her in front of the other employees, follows her into the womens restroom, and forces her to have intercourse with him. A student at the New York City police academy ghts o the assault of a male student by hitting him with a box of ammunition only to have her breasts fondled from behind by her instructor as she tries to re her gun. Two female reghters in an urban department rm are subjected to male colleagues who repeatedly moon them, ash obscene photos, urinate in front of them, corner them between trucks, and reach out the windows of their trucks to rub the womens breasts and thighs.

Dening Sexual Harassment

The ocial denition of sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment exists when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or academic advancement. 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions aecting such individuals, or 3. Such conduct has the purpose or eect of unreasonably interfering with an individuals work or academic performance or creating an intimidating, hostile, or oensive working or academic environment. A working denition is: any unwanted act or behavior with sexual undertones that negatively aects the work environment.

Consider These Incidents

This activity should continue to stir your thoughts. Each case that follows is loosely based on real incidents. As you read the dialogue, pay particular attention to your reactions and feelings. Ask yourself the following questions: Whose side are you on? Do you nd yourself identifying or sympathizing with one gender over another?

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 Do you nd yourself blaming the victim? Do you nd yourself blaming the perpetrator? Some people believe, for example, that a woman who dresses provocatively or is irtatious is asking for sexual attention. Others believe that permission is granted to the oender unless the victim says no or stop. You are purposely not being given all the details of the court cases. More details will be given later on. At this point the objective is to elicit your opinions about sexual harassment in the workplace and about gender stereotypes.

A Short Skirt!
A woman frequently comes to work provocatively dressed, wearing short skirts and low-cut blouses. While she is not in violation of the dress code policy, she does admit that she is irtatious and uses her appearance to help her in her sales eorts. She sues her company for sexual harassment after two weeks of employment. In a deposition she states that she knows what it takes to sell her products to a man: You just have to look and act sexy, she says. Theyll buy it. After all, men lose all capacity for rational thought once they are stimulated. 1. Do you believe she should win a case for sexual harassment? Yes No (Circle One) Comments:_ ___________________________ __ ___________________________________________________ 2. Are there any circumstances in which she should win? Yes No (Circle One) Should not win? Yes No (Circle One) Comments: __ ___________________________________________________ __ ___________________________________________________ __ ___________________________________________________ 3. Isnt she encouraging sexual conduct? And if so, should she then have the right to sue and win? Yes No (Circle One) Comments:__ __ ___________________________________________________ __ ___________________________________________________ You may feel that she has no right to win the case because she was contributing to the establishment of a sexual atmosphere. On the other hand, you may feel that dressing provocatively is not an invitation for others to do or say sexually oensive things to her. Of course, if an employee is dressed inappropriately then she should receive counsel about proper and expected attire. This, in and of itself, does not mean that she is encouraging sexual advances and does not give a coworker or supervisor the right to make unwanted sexual advances. This woman won her case against her company. In fact, the U.S. Supreme Court established the legal criteria for sexual harassment from its opinion in this case. Specically, the Court said that there are essentially four factors to
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consider: frequency of the incidents, severity of the incidents, the level of threat or humiliation, and the extent to which the recipients workplace is negatively impacted.

The Bikini and the Sheri!

During o-hours a 20-year-old woman comes into the workplace in a wet, yellow bathing suit. She is a temporary (summer only) employee of the sheris oce and stops by to irt with a deputy after having been at the swimming pool. Two female employees indicate that they observe the woman irting with the sheris deputy by tussling his hair, play-boxing with him, telling him dirty jokes and, on one occasion, hopping on his back and taking a piggyback ride around the oce yelling yee-ha, yeeha. By mid-summer she has quit work and initiated a lawsuit against the county. What is your opinion without having other details? Do you think that she should win a case for sexual harassment? The following questions are somewhat facetious but strike at the heart of the myth that women are mysterious seducers of men and that men have less control over their impulses than do women. 1. Do you think she was seeking sexual attention? Yes No (Circle One) Comments:_____________________________________ __ ___________________________________________________ 2. If so, do you believe that she relinquishes her right to be oended by seeking sexual attention? After all, isnt it possible that she simply received what she asked for? Yes No (Circle One) Comments:__________________________________________ __ ___________________________________________________ 3. If she doesnt like the attention she is receiving (particularly since she may have encouraged it by her manner of dress) shouldnt she indicate that it is unwanted? Yes No (Circle One) Comments:_ __ __ ___________________________________________________ __ ___________________________________________________ Note: You may feel that you do not have enough information as yet. Keep in mind that the cases are told in greater detail later on in this workbook. Keep in mind that the purpose here is to elicit opinions only. The totality of details are not important as yet.

An Aair with the Boss!

And nally, consider this case. A woman is having sex with her boss. In fact they have had 40 to 50 sexual encounters over a four-year period. While on vacation, her boss red her citing poor work performance. She les suit against the bank saying that he red her because she stopped having sex with him.

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Of course, the question is whether this is sexual harassment. Of course, if he red her because she refused to continue a sexual relationship then a quid pro quo sexual harassment incident has been established. However, the case was not so clear. Ms. Benson, in her deposition, admitted that she consented to the relationship with her boss. Think about it! She had sex 40 to 50 times and she is a grown woman who consented to the relationship. 1. How can this possibly be sexual harassment? Comments:_______ __ ___________________________________________________ __ ___________________________________________________ 2. How can she win this suit if she admits that the relationship was consensual? Comments:_ _______________________________ __ ___________________________________________________ 3. If she does win the suit, then apparently consent has nothing to do with sexual harassment, right? Agree Disagree (Circle One) Comments:__________________________________________ __ ___________________________________________________ 4. What is the basis of sexual harassment if it is not about consent? Comments:__________________________________________ __ ___________________________________________________ Note: These cases answer the following questions that are pertinent to all workplace relationships: Can someone dress in such a way as to relinquish their right to be oended? Must the recipient say no or stop in order to establish the criteria of unwanted sexual attention? Employees should say no when advances are unwanted. Consenting to sexual attention eliminates the possibility of sexual harassment claims.

Answers: Consider These Incidents

The following answers are the opinions of the author and do not necessarily reect how companies or courts would respond under similar circumstances.

A Short Skirt!
1. .. Do you believe she should win a case for sexual harassment? Answer: This would be a case of sexual harassment because it is the responsibility of the workplace to establish an appropriate dress code and to monitor the conduct of employees. She was not

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soliciting sexual attention from her employer, and it was he who made lewd and lascivious advances toward her. Because she dresses provocatively does not give him free rein to sexually harass her. In fact, it is his responsibility, more than that of nonsupervisors, to prevent the establishment of a sexual environment. If he felt that her manner of dress was too provocative, he should have taken the appropriate steps for remedy. 2. .. Are there any circumstances in which she should win? Answer: Yes, if she can prove that his behavior was frequent, severe, humiliating, and had a negative impact on her work performance. 3. .. Isnt she encouraging sexual conduct? And, if so, should she then have the right to sue and win? Answer: Even if she is encouraging sexual conduct, supervisory sta should not respond. Supervisors are held to a higher standard, and supervisors are responsible for establishing an antiharassment environment. Dont fall prey to the woman-as-seductress-menhave-no-control myth. You compromise your position and professionalism if you do.

The Bikini and the Sheri

1. .. Do you think she was seeking sexual attention? Answer: She was very young and probably nave. Yes, she may have been seeking sexual attention. The sheri should have sent her home to get dressed and should have talked to her about behaving professionally in the workplace whether or not she was on the clock. He should have reprimanded the deputy for behaving in such an unprofessional and sexual manner. 2. .. If so, do you believe that she relinquishes her right to be oended by seeking sexual attention? After all, isnt it possible that she simply received what she asked for? Answer: As you will read in the court case section, it was the sheri, not the deputy, with whom she had a complaint. She was not seeking sexual attention from the sheri. It was his responsibility to put a halt to the inappropriate workplace relationship between her and the deputy, and it was his absolute duty to refrain from a sexual relationship with her. After all, he is the one with power and will therefore be held to a higher standard of behavior. 3. .. If she doesnt like the attention she is receiving (particularly since she may have encouraged it by her manner of dress) shouldnt she indicate that it is unwanted?

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Answer: It is often a good idea to inform the harasser that his behavior is unwanted. Of course, this is not always possible if the supervisor is physically threatening or has a history retaliating against the complainant. The next step is to complain to the next higher authority.

An Aair with the Boss

1. How can this possibly be sexual harassment? Answer: It is sexual harassment if her job is, in any way, based upon sexual performance. 2. .. How can she win this suit if she admits that the relationship was consensual? Answer: This issue is whether the advances are welcome, not whether the behavior was consensual. Sometimes an individual may consent and yet not welcome the advances if they fear retaliation for refusing. 3. .. If she does win the suit, does that mean that consent has nothing to do with sexual harassment? Answer: Consent is not the central issue. The issue is whether the behavior was welcome or wanted. 4. .. What is the basis of sexual harassment if it is not about consent? Answer: Consent is not the central issue. The issue is whether the behavior was welcome or wanted.

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Questionnaire Sexual Harassment Questionnaire

Sexual Harassment Questionnaire

Circle T or F. Answers can be found at the end of this chapter. Throughout this questionnaire you will be asked to read discussions, such as the one following question #3. This dialogue replaces lecture and provides answers to later questions. 1. T F Sexual harassment means bothering someone in a sexual way. 2. T F Sexual harassment is a civil oense. 3. T F Sexual harassment must involve sexual touching.

Case Example #1
Specically, the Supreme Court suggests a four-factor totality of circumstances analysis when determining whether an environment is hostile or abusive. This stems from the case of Harris v. Forklift Systems, Inc. The petitioner, Teresa Harris, worked as a manager for Forklift Systems. Charles Hardy was Forklifts president. Harris was repeatedly subjected to various sexual innuendoes and insults including: Youre a woman, what do you know, and We need a man as a rental manager. Hardy also told her she was a dumb-ass woman and, in front of others, he suggested that the two of them go to the Holiday Inn to negotiate her raise. He threw objects on the ground in front of Harris and other women and asked them to pick up the objects. When they did so, he raised their skirts or made comments about their anatomy. He made sexual innuendoes about Harris and other womens clothing. In mid-August 1987, Harris complained to Hardy about his conduct. Hardy said he was surprised that Harris was oended, claimed he was only joking, and apologized. He also promised he would stop and, based on this assurance, Harris stayed on the job. But in early September, Hardy began anew. While Harris was arranging a deal with one of Forklifts customers, he asked her, again in front of other employees, What did you do, promise the guysome sex Saturday night? Harris then sued Forklift, claiming that the conduct of Forklifts president toward her constituted abusive work environment harassment because of her gender in violation of Title VII of the Civil Rights Act of 1964. Speaking for a unanimous Supreme Court, Justice OConnor reafrmed that sexual harassment exists, When the workplace is permeated
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with discriminatory intimidation, ridicule and insult, that is suciently severe or pervasive to alter the conditions of the victims employment and create and abusive working environment. The Court suggested a fourfactor totality of circumstances analysis when determining whether an environment is hostile or abusive. This four-factor analysis includes: Frequency of the discriminatory conduct; Severity of the conduct; Whether the conduct is physically threatening, humiliating, or a mere oensive utterance; and Whether the conduct unreasonably interferes with an employee's work performance. It is these four factors that must be investigated by your organization upon learning that oensive sexual conduct is taking place. The question must always be: Do the acts or behavior create a hostile environment? For example, lets consider pornography. While pornography may not be considered illegal, the behavior on the part of the holder of the pornography may indeed create a hostile and oensive working environment. Of course, pornography is prohibited by many workplace policies pertaining to sexual harassment.

Take the case of a Chicago rehouse where fteen male reghters and ve female reghters had separate shower and dressing facilities. In their bunk area, the men put up a poster of a nude woman who was standing on a red re truck and wearing a red re hat. The caption on the poster read Some like it hot. The women did not like the fact that the poster was there even though they never saw it. In addition, the presence of the poster was never discussed in any derogatory fashion. Nevertheless, the women were oended and wanted it taken down. The men refused. The appellate court said the men had to take down the poster because it sexualized the workplace. The dierence between reading a pornographic magazine in private and posting a pornographic poster for public viewing is consent. Consensual sharing of pornographic material is not illegal, whereas publicly displaying visual material is. Of course most workplace policies ban pornography in the workplace. This, of course, is the more fundamental concern. 4. T F Sexual harassment is unwanted sexual attention that takes place within the connes of the workplace.

Case Example #2

Case Example #3
While on vacation in Acapulco, a 50-year-old man sends his female coworker an e-mail. The e-mail is sent to her house--not her oce. When he comes back to work, he asks her if she received the e-mail (a picture of

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himself in a Speedo accompanied by a lewd story). She asks him how he managed to get her home e-mail, and she expresses that she is oended that he e-mailed her this type of material to her house. 5. T F Sexual harassment can occur anytime, anywhere, and between any two people.

Case Example #4
A supervisor leaves work on a Friday afternoon and goes to an amusement park to ride a roller coaster. Unbeknownst to him, his subordinate goes to that same amusement park to ride that same roller coaster. She stands in the front of the line and happens to see him. She waves in acknowledgment, and he waves back. She asks if he is alone. He replies that he is. She then invites him to ride with her. They have such a good time on the ride that they decide to ride the attraction four more times. At the end of the fth ride, as the cars are coming to a slow stop, the college kids who are operating the ride report that there was much screaming and cursing coming from the car being occupied by the supervisor and subordinate. It was apparent that he had misinterpreted the physical contact the two of them had experienced on the bumpy roller coaster. He grabs her around the neck and kisses her, whereupon she slaps him. When the metal restraining bar is lifted, she bolts out of the car and into the park with her boss sprinting after her in an enraged hu. Security personnel escort him out of the park. On Monday morning the woman marches into the vice-presidents oce and slaps an audiotape on his desk. She states: I was sexually harassed on Friday afternoon and now this [pointing to the tape]. Youd better do something about it. The vice-president listens to the tape -- a recording of the supervisor who had called the female employee at home -- and said I dont want to see your ugly face in the departmental meeting on Monday morning. Im warning you, stay away from me. For two weeks the vice-president ignores the complaint because it takes place outside the company walls. Meanwhile the supervisor orders his employee to stay away from three more meetings. Now the VP wants to know if his company is in any kind of trouble. 6. T F If the harasser is a coworker, not a boss, it is not considered sexual harassment. 7. T F If the harasser is a customer or client, not a boss, it is not considered sexual harassment.

Case Example #5
For example, in Hartman versus The Federal Aviation Administration, the FAA determined that its male air trac controllers were barbaric in the treatment of their female coworkers. Thus, the government hired consultants (trainers) to present sexual sensitivity classes. The idea was to increase the mens sensitivity to the plight of women in the workplace, particularly regarding proper sexual conduct. The trainers thought that if
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the men could only experience what women had experienced, they would have empathy for their condition and would behave properly. The trainers asked the women to form a single line. They than asked the men to walk past their female coworkers slowly. As the men walked past the women, the women were asked to reach out and fondle the mens private parts and rate their sexual attributes on a 1 to 10 scale. A gentleman named Hartman was oended that he was fondled [and given a low rating]. 8. T F Unwanted touching that occurs only once is not considered sexual harassment.

You Be the Judge

In this activity, you will be asked to determine the alleged harassers guilt or innocence based upon the same objective criteria used by the actual jury. Refer to the four criteria and the denition of sexual harassment in order to render your judgment. Listed for your convenience, they are as follows: 1. Frequency 2. Severity 3. Threatening, humiliating 4. The extent to which the behavior interfered with the employees work performance

Denition
Any unwanted act or behavior with sexual undertones that has a negative impact on the recipients work performance.

Wilson v. Wayne County (1994)

Sheri Leon Buddy Nutt needed temporary help over the summer because several employees were going on vacation. He hired a 20-year-old college coed named Wendy Wilson. It was understood from the beginning that Miss Wilson would not work beyond the summer. At the trial, testimony revealed that on two dierent occasions Wendy Wilson came into the workplace during o-hours wearing a wet, yellow bathing suit and that she horse-played with the deputy by tussling his hair, play-boxing, telling dirty jokes, and on one occasion, she hopped on his back and took a piggyback ride around the oce yelling yee-ha, yee-ha. The incident occurred at approximately 3:00 a.m. in mid July. Wendy Wilson worked third shift and was taking dispatch. Sheri Nutt was also there that night and was asleep in a bunk room. This was not unusual since he often rotated shifts with his deputies. In fact, his six-year-old son was also there and was sleeping in a room next door.

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In taking dispatch, Wendy Wilson wrote all phone calls on a record log. At approximately 3:00 am she had lled the log and needed another. Not being able to locate one, she called for the Sheri to get her another one. Sheri Nutt arose from his sleep, went into his oce, and motioned her to follow. As Wendy Wilson stepped into his oce, Sheri Nutt closed the door behind her, locked it, and turned o the light. He embraced her and began to kiss and fondle her and after a couple of minutes he placed her hand in position for fondling him. They stood embraced, kissing and fondling each other for another minute or so whereupon Wendy Wilson removed her hand. Sheri Nutt placed her hand back and then laid down on the oor and asked her to lay down with him. She stood motionless. Sheri Nutt reached up and took hold of her wrist and pulled her down to the ground where they had a sexual encounter. After the sex act was consummated, Wendy Wilson returned to her work space with a new record form and Sheri Nutt went back to his bunk room and went to sleep. After approximately forty minutes, Wendy Wilson began to cry and freak out. She called the deputy with whom she had been irting and sobbed, Ive been raped. Ive been raped. The deputy came by in a patrol car and took her to the hospital where she underwent a physical examination. Rape charges were led against Sheri Nutt, and Wendy Wilson contacted the EEOC who led an emergency Title VII action against the county and the Sheri for sexual harassment. To review, the facts are summarized below: Wendy Wilson sometimes dressed inappropriately for the workplace. There was no dress code policy. She behaved inappropriately on several occasions. No one ever disciplined her for her behavior. Both the Deputy and the Sheri were her direct superiors. Wendy Wilson never said no or stop. She never attempted to turn on the light or unlock the door. She did not attempt to wrestle away from his grasp. Sheri Nutt testied that she was attracted to him. Wendy Wilson was 20 years old. Sheri Nutt was 54 and weighed approximately 240 lb. What is your verdict? Guilty Not Guilty (Circle One) Why?_ _____ _____________________________________________________ _____________________________________________________

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Listen to the instructors commentary or read about the outcome of the case in the Appendix. 9. T F In order to meet the legal criterion of unwelcomesexual behavior, the victim must inform the harasser that his or her behavior is unwanted. 10. T F The victim does not have to be of the opposite sex. In Oncale v. Sundowner Oshore Services, Joseph Oncale, an employee on one of Sundowners oshore oil rigs alleged that he was repeatedly subjected to physical assaults of a sexual nature by his male supervisor and male coworkers. When Oncale complained to the rigs Human Resources Director, he was told that he too was picked on and that he would be unable to help Oncale. No action was ever taken to remedy the harassment. As a result, Oncale quit his joblater stating, I felt that if I didnt do something that I would be raped or forced to have sex. Soon after his departure from the company, Oncale led suit under Title VII of the Civil Rights Act of 1964. The court held that a hostile environment can exist between members of the same sex just as it can between members of the opposite sex. This ruling was signicant because it expanded the scope of Title VII, which had been primarily focused on opposite sex relationships. 11. T F The victim must be the person harassed, not simply an innocent bystander. 12. T F Sexual harassment must persist over a long period to be considered actionable. 13. T F A consensual sexual relationship between two people cannot be deemed sexual harassment. In the landmark Supreme Court case of Meritor Savings Bank v. Vinson (1986), the plainti, a female bank employee, enjoyed four years of meritbased promotions and was then red for poor work performance. She led a hostile environment sexual harassment claim against the bank. The plainti alleged that her supervisor fondled and forcibly raped her several times. Also, the plainti had sex with this same supervisor during and after business hours some 40 to 50 times in her four years of employment. She argued that she submitted to the supervisors sexual advances because she was afraid she would lose her job. The supervisor denied all of the allegations and said that the accusations arose because of a business-related dispute. The bank also denied all of the allegations and said that any harassment happened without its knowledge, consent, or approval. The United States Supreme Court held that the hostile environment theory stated a valid cause of action under Title VII. The Court commented that the banks general nondiscrimination policy did not specically address the issue of sexual harassment in the workplace and thus did not alert employees to their employers interest in correcting that form of discrimination. The banks complaint procedure required employees to

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report incidents of harassment to their immediate supervisors. Ms. Vinson had no bank ocial to report to because it was her supervisor who was harassing her. The Supreme Court remanded the case to the district court to determine the merits of Vinsons hostile environment case. The bank in Meritor argued that no actionable harassment occurred because the sexual relationship between the supervisor and the employee was voluntary. The Supreme Court rejected this contention, stating that the correct inquiry is whether the employee, by her conduct, indicated that the alleged sexual relationship was voluntary. The issue of liability was not properly presented before the Supreme Court in Meritor, and the Court refused to adopt the EEOCs standard of imposing strict liability upon the employer. The Court claried that agency principles would apply but that strict liability would not be found. 14. T F If the supervisor demands sexual favors from a subordinate and threatens the subordinates job, it is the employer who is held responsible. 15. T F Organizations must have knowledge of improper sexual conduct before it can be held liable. 16. T F If an employee complains of sexual harassment, but requests that no investigation be conducted nor any action taken against the harasser, his or her wishes should be respected. 17. T F Typical harassers are easily spotted. They tend to have similar characteristics. 18. T F Ignoring harassment usually works because a sexual harasser is not likely to repeat. 19. T F Two forms of sexual harassment are recognized by the law: quid pro quo and hostile environment cases. 20. T F In quid pro quo cases, the unwelcome behavior must be repeated to be considered harassment. 21. T F According to EEOC guidelines pertaining to hostile environment cases, a single incident is usually considered sucient to be considered harassment. 22. T F An employer is vicariously liable (liable without proof of wrongdoing by the employer) for harassment caused by a supervisor. 23. T F What should a victim do when he or she has been sexually harassed? (Write your answers)._ __________ ____________________________________________ ____________________________________________

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Answers: Sexual Harassment Questionnaire

1. Sexual harassment means bothering someone in a sexual way. True. Sexual harassment is any unwanted act or behavior with sexual undertones that negatively aects the recipients work environment. 2. Sexual harassment is a civil oense. False. Sexual harassment is a criminal violation of the 1964 Civil Rights Act. Title VII is a provision that protects the workplace regarding discriminatory behavior. The confusing aspect here is that you have, no doubt, heard more about civil litigation than you have criminal prosecution. This will continue. You are not likely to witness someone being arrested for sexual harassment. Rather, the number of civil suits will continue to rise for the near future. 3. Sexual harassment must involve sexual touching. False. Physical contact is only one way. Sexual harassment can be any of the following: Verbal. Jokes, language, bragging about sexual prowess, inquiring about sexual behavior Visual. Revealing pornographic pictures/posters, displaying pornographic web sites. Physical. Unwanted touching, rubbing. Written. Unwanted lewd letters, notes, e-mail. Quid Pro Quo. Tying raises and promotions to sexual performance. 4. Sexual harassment is unwanted sexual attention that takes place within the connes of the workplace. False. The workplace is not the only place where sexual harassment can take place. It can occur anywhere. However, the victim and the harasser must, in some way, be connected through their employment. For example, if you are squeezing heads of lettuce at the produce counter in the supermarket and you are sexually oended by a stranger, you cannot seek Title VII Federal protection from the EEOC because it is not your workplace. Even if an employee of the grocery store harasses you, you cannot seek Title VII protection because, again, it is not your workplace. But what if you sexually harass an employee of that same store? Does he/she have Title VII recourse against you? No! He/she has Title VII recourse against the employer, but not against you. The employer, in this case, is liable for sexual harassment if he or she knew about the harassment and did nothing about it. Regarding the case example: legally this may not yet be pervasive enough, severe enough, threatening enough, or be considered (by the reasonable person) to have a negative impact on her work environment. Remember, sexual harassment must not only be unwanted but must be objectively oensive

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from the standpoint of the reasonable person and must have a negative impact on her work performance. No doubt, however, that this would be inappropriate conduct between two people who are connected in the workplace (if his behavior is unwanted). 5. Sexual harassment can occur anytime, anywhere, and between any two people. False. Sexual harassment can occur outside the oce, but it cannot occur between any two people. The harassment must take place between people who work together. Regarding the case example, the answer is yes. The legal seriousness of the sexual harassment at the amusement park is arguable. One could make the argument that it was a one-time incident and that, as an isolated occurrence, it would not be pervasive enough to negatively aect her work environment. Ordering her not to attend meetings could very easily be called retaliation, which runs counter to Title VII and is considered illegal. 6. If the harasser is a coworker, not a boss, it is not considered sexual harassment. False. Sexual harassment can be committed by a coworker or by a supervisor although the two individuals may commit dierent types of harassment. For example, supervisors, business owners, and managers can commit quid pro quo harassment which is a Latin term meaning this for that; you give me something and Ill give you something back; you give me sex and Ill give you a raise or a promotion. The other type of harassment is called hostile environment sexual harassment. This type of harassment can be committed by coworkers who do not hold job power over the victim. The working denition of hostile environment sexual harassment is: unwanted sexual attention that is repeated that negatively aects the victims work environment. 7. If the harasser is a customer or client, not a boss, it is not considered sexual harassment. False. Customers can sexually harass an employee of a company or establishment. Liability exists when the owner or supervisor knows of the customers harassment and does nothing about it. In other words, a company is not liable for the acts of its customers/vendors unless it ignored the employees complaints. In the case of Hartman v FAA, Hartman was awarded a $300,000 judgment. 8. Unwanted touching that occurs only once is not considered sexual harassment. False. Touching a private part of another persons body, even once, can be considered harassment if it is severe enough.

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Answer: You Be the Judge

Wilson v. Wayne County (1994)
Sheri Nutt was found guilty in both the civil and criminal trials. He is currently serving time in the Tennessee State Penitentiary. Of course, the rst order of business for the jury was to determine whether the sexual attention was wanted or unwanted. Some will say wanted because she wore a wet bathing suit and acted in a irtatious manner. The jury determined that the behavior was unwanted as evidenced by the fact that she removed her hand and did not lay down when asked to do so. The jury took into consideration the Sheris position in the community and his physical stature. They judged that Wendy Wilson was intimidated and frightened. In a somewhat comical twist, the judge in the rape trial told Sheri Nutt that not even the most optimistic fat 54 year old man could have assumed that this woman could have been attracted to him. 9. In order to meet the legal criterion of unwelcome sexual behavior, the victim must inform the harasser that his or her behavior is unwanted. False. If we consider the relationship between a supervisor and a subordinate, the dierence between levels of power between the two individuals may sometimes make it dicult, if not impossible, for a subordinate to say no without repercussion. While it is preferable for the recipient to communicate his or her discomfort about another persons conduct, it is not a legal requirement. This is particularly true if the oensive conduct of a supervisor alters the conditions of employment by creating a coercive or retaliatory environment. In fact, where there is a proven coercive environment, an employee can consent to sexual requests and still have a good case for sexual harassment. The Supreme Court has made a distinction between consensual and welcome on the part of the recipient. A useful analogy is the dentist. You may consent to the treatment but not like it. Keep in mind that there must be an element of coercion or retaliation for refusing the advances. 10. The victim does not have to be of the opposite sex. True. On March 4, 1998, the U.S. Supreme Court reversed the Fifth Circuit Court of Appeals that same-sex sexual harassment is actionable under Title VII. The Court observed that there is no justication in the statutory language or our precedents for a categorical rule excluding samesex harassment claims under the coverage of Title VII. 11. The victim must be the person harassed, not simply an innocent bystander. False. The victim can be anyone who is aected by the oensive conduct. The more likely example is one in which person A (a supervisor) is

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having a sexual relationship with person B (a subordinate). Person C (a subordinate) is not getting promotions due to the fact that they are not in a sexual relationship with person A. This creates discrimination as well as the potential for coercion due to the implication that C must have sex with A in order to advance. 12. Sexual harassment must persist over a long period to be considered actionable. False. A single incident can be considered sexual harassment. Quid pro quo harassment can occur in only one incident as can hostile environment sexual harassment if the single incident is severe enough. 13. A consensual sexual relationship between two people cannot be deemed sexual harassment. False. It can be deemed sexual harassment if the court nds that the sexual advances were not welcome. For example, in Meritor Bank v. Vinson, the woman had had sex with her boss 40 to 50 times. Citing poor work performance, her boss red her while she was on vacation. In the trial court, the banks attorneys argued that a sexual relationship of that length indicated that it was consensual and voluntary and therefore did not fall within the denition of sexual harassment. The bank won the trial court decision. In a reversal of the trial courts decision, however, the appellate court said that consensual was not the standard upon which to judge cases of this nature. The deciding factor was whether or not the advances were welcome. Vinsons attorneys argued that she did not welcome the sexual advances, but was having sex with her boss in order to keep her job. As you recall, in Wilson v. Wayne County, Wendy Wilson dressed inappropriately at work and openly irted with the Sheris deputy. She never verbally said no to a sexual advance made by the Sheri. When she went into his oce, the Sheri locked the door, turned o the lights, and embraced her in a hug. After sexual intercourse, the woman led sexual harassment charges against the Sheri. The court said that a hostile environment was created. It was determined that the woman indicated that the advances were unwelcome when she pulled her hand away from the Sheris crotch and refused to lay down when asked to do so. Thus, a verbal no is not the only necessary criteria for communicating that sexual attention is unwanted. 14. If the supervisor demands sexual favors from a subordinate and threatens the subordinates job, the employer is held responsible. True. If a quid pro quo case is proven, the employer has no defense to liability. It will not matter that training has been provided or a sexual harassment policy exists. Supervisors are considered agents of the company and held to a higher standard than a nonsupervisory employee.

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15. Organizations must have knowledge of improper sexual conduct before it can be held liable. False. In Burlington v. Ellerth, the Supreme Court ruled that an employer is strictly liable for a hostile environment created by a supervisor with immediate (or higher) authority over the employee. 16. If an employee complains of sexual harassment, but requests that no investigation be conducted nor any action taken against the harasser, his or her wishes should be respected. False. Upon learning that harassment is taking place, companies are liable to conduct a prompt and thorough investigation in an attempt to halt the occurrence of any further harassing conduct. In the case of Burlington Industries, Inc. v. Ellerth, Ellerth was employed as a sales person for Burlington. During her employment, she claimed that she was subjected to constant sexual harassment by Slowik, a vice-president in one of ve business units within one of Burlingtons divisions. Slowik had authority to make hiring and promotion decisions, subject to the approval of his supervisor, but was not considered an upper-level management employee. Nor was he part of the decision-making or policy-making hierarchy at Burlington. Ellerth worked in a two-person oce in Chicago, and she reported directly to her oce colleague who, in turn, reported to Slowik in New York. Ellerth claimed that Slowik repeatedly made inappropriate comments about her body and dress, had touched and rubbed her knee, and told her she should loosen up and that he could make her life very hard or very easy at Burlington. Although Ellerth refused all of Slowiks advances, she never actually suered any tangible loss of job benets; indeed, she had been promoted. Ellerth knew that Burlington had a policy against sexual harassment, but she did not inform anyone in authority about Slowiks harassing conduct. Ellerth quit after her immediate supervisor cautioned her to return customers telephone calls more promptly. She sued claiming sexual harassment in violation of Title VII. Before the Supreme Court was the question of whether an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suers no adverse, tangible job consequences, can recover against the employer without showing the employer is negligent or otherwise at fault for the supervisors actions. The Supreme Court decided: An employer is liable for a hostile environment created by a supervisor with immediate (or higher) authority over the employee. If, as in this case, no tangible adverse employment action is taken by the supervisor, the employer may raise an armative defense to liability or damages by proving: (1) That the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior; and

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(2) The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to otherwise avoid harm. This armative defense is not available when the supervisors harassment culminates in a tangible adverse employment action such as a discharge, demotion, or undesirable reassignment. The employer in those circumstances is strictly liable. 17. Typical harassers are easily spotted. They tend to have similar characteristics. False. From a physical standpoint, there is no typical harasser. However, chronic harassers may have a similar psychological prole. They may be self-centered, manipulative, charming, chronic liars, prone to breaking promises, approval seeking, and prone to rage. 18. Ignoring harassment usually works because a sexual harasser is not likely to repeat. False. Many sexual harassers repeat their behavior and do not stop just because they are ignored. In fact, sometimes they interpret ignoring as a tacit stimulus to continue. 19. Two forms of sexual harassment are recognized by the law: quid pro quo and hostile environment cases. True. Quid pro quo sexual harassment is also called sex for jobs and involves coercion on the part of the manager or supervisor. Hostile environment sexual harassment is manifested in verbal, written, physical and visual forms and is dened as unwanted sexual attention that is repeated and severe and negatively aects the individuals work environment. 20. In quid pro quo cases, the unwelcome behavior must be repeated to be considered harassment. False. Illegal and inappropriate activity may be established with one severe incident or only one oer of employment in return for sex. 21. According to EEOC guidelines pertaining to hostile environment cases, a single incident is usually considered sucient to be considered harassment. False. Unless it is severe, hostile environment incidents must usually be repeated in order to be considered harassment. 22. An employer is vicariously liable (liable without proof of wrongdoing by the employer) for harassment caused by a supervisor. False. There must be proof. Employers are vicariously liable when an employers supervisor creates a sexually hostile work environment. As a defense to liability or damages, the employer must prove: A. That it exercised reasonable care to prevent and promptly correct any sexually harassing behavior; and
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B. That the plainti employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer to otherwise avoid harm. However, strict liability (no defense) exists when it is proven that a supervisor made a quid pro quo oer of sexual harassment. In Faragher v. City of Boca Raton, Faragher, a lifeguard for the City, alleged that two of her immediate supervisors (Terry and Silverman) subjected her to a sexually hostile work environment. The City had adopted a sexual harassment policy but failed to disseminate it among its employees in the Marine Safety Section where Faragher worked. Faraghers alleged harassers and many of the lifeguards in that section were unaware of the Citys policy. Faragher did not complain to anyone in higher management at the City about the harassment, but one of her coworkers did. The City promptly investigated that complaint and reprimanded the harassers. Faragher resigned two months later and sued the City. Faragher lost the case. Terry and Silverman acted outside the scope of their employment and in a manner unrelated to their authorized tasks and for their own personal ends. Next the court determined that the supervisors agency relationship with the City did not assist them in perpetrating their harassment. Finally, neither Terry nor Silverman threatened to re or demote Faragher. Thus, their agency relationship did not facilitate their harassment. 23. What should a victim do when he or she has been sexually harassed? There are several things that a victim can do: Tell the harasser to stop. Report the incident to a supervisor. Conde in a trustworthy coworker who can act as a witness, if need be. Report the incident to an HR representative.

Scenarios
Note to Participants: Read the dialogue and answer the questions that follow each scenario.

Scenario #1: Shoulder Massage

In the following scenario, Paul gets too friendly with Shelly. He massages her shoulders. She looks distressed. A female reghter (Shelly) is seated in the common room and is peering at a computer. She seems frustrated. A battalion chief (Paul) walks up behind her and massages her shoulders. Consider whether you think Paul is conscious about his inappropriate conduct or whether he may simply be a social oaf with no ill intentions.

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Paul: _ _Hows it coming, Shelly? Shelly:___Oh, hello Chief Driscoll. Well, I Paul:___You seem tense! Relax! Shelly:___(Squirms from the shoulder massage) Imne (Rolls her eyes) Paul:___Listen, it seems that youve been stressed out lately. How about if I cancel the assessment center this afternoon and help you get this thing knocked out? Shelly:___Nothats O.K. Ican get this myself. Paul:___(Sits down in a chair beside her, moves in close, puts his arm around her, pats her on the shoulder) Now listen sweetie, Im dedicated to getting this done, and I dont like seeing you suer. Now, lets just work together and in no time Shelly: _ _(Looks completely distraught) Its not the assessment! Its its! (Gets up and quickly moves out) Paul: _ _(Looks puzzled as he watches her leave) 1. Was this sexual harassment? Yes No (Circle one) Why? Why not? _______________________________________________ ___________________________________________________ 2. If Paul really intends no harm/nothing sexual, does that change your opinion about whether this was or was not harassment? Yes No (Circle One) Explain: _________________ ___________________________________________________ 3. What do you think about Paul calling Shelly Sweetie? Is it an example of sexual harassment? Yes No (Circle One) Comments: _________________________________________ ___________________________________________________ 4. If Paul were a coworker, not a supervisor, would his behavior be considered sexual harassment? Yes No (Circle One) Explain: _ ___________________________________________ ___________________________________________________ 5. What steps should Shelly take in dealing with Paul? List: __ A. _________________________________________________ __ B. _ ________________________________________________

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__ C._________________________________________________ __ D. _ _______________________________________________ 6. If you were a coworker with Shelly and you observed this scenario taking place, what should you do? Explain: _ _______ ___________________________________________________ 7. If you were a coworker of Paul, what might you do? Explain: ___________________________________________________ ___________________________________________________ 8. After viewing this scenario, what do you think would be the best choice of action for Shelly? Why? ____________________ ___________________________________________________ 9. Please comment on whether the following behaviors would be considered sexual harassment. __ A. Making comments about another persons appearance _ ___ (hair, makeup, clothes, etc.) Why or why not? _ __________ ___________________________________________________ __ B. Persistently asking someone out for a date after being told no. Why or why not? _ ________________________________ ___________________________________________________ __ C. Engaging in locker room talk in the presence of others. Why or why not? __________________________________ ___________________________________________________ __ D. Being a touchy person. Why or why not? _____________ ___________________________________________________ __ E. Making comments of a sexual nature. Why or why not? _ __ ___________________________________________________ ___________________________________________________ 10. What are some nonverbal behaviors/cues that might tell Paul that his behavior is unwelcome/inappropriate? Please list. __ A._________________________________________________ __ B. _ ________________________________________________

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__ C. _ _______________________________________________ __ D. _ _______________________________________________ 11. Lets assume that Shelly appeared to like Pauls attention, ____ i.e., she smiled and spoke to him enthusiastically. Could his behavior then be considered sexual harassment? Yes No (Circle One) Explain: _________________________________ ___________________________________________________

Scenario #2: Would You Do It For A Raise?

Option A In this scenario, Bob, a key player in a large corporate sales oce, makes an implicit job oer to Terri that sounds too good to be true. In fact, Bob implies that Terri will get a promotion if she has sex with him. Terri is seated at a desk and Bob walks up behind her. As opposed to Pauls rather goofy demeanor, Bob is arrogant. Bob: __(Snis Terris hair) Terri:_ _(Looks exasperated. This has happened before.) Bob:__Mmm, mmm Terri! What is that youre wearing? Terri: __Its just my shampoo and if you werent standing so close, you wouldnt be able to smell it. Bob: __That would be a pity. Hey, Ive been thinking about you lately. Terri: __Oh, really. Bob: __Yea, Ive been thinking that with your appearance, you should serve the company in a dierent capacity than you do now. Terri: __You dont say. Bob: __Sales, thats where its at nowadays. And, there just happens to be an opening in my department. Terri: __Oh? Bob: __You see Terri, I have a very important and extremely busy position here in the company. I travel at least half the time. I sure could use someone who would come along and kind of take care of things. Terri: __(Turns in her chair and appears interested) Are you oering me a promotion? Bob: __Ahno. But you could notice an increase in your paycheck. Terri: __A paycheck like yours would be nice.
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Bob:__(Chuckles) You gotta work for that. Terri: __Whats that supposed to mean? Bob: __Whatever you want it to mean. You gure it out. (Bob walks away as Terri looks on with a blank expression) Option B This time when Bob says: Whatever you want it to mean. You gure it out, the scene continues with: Terri: __Sowhat you are saying is that if I travel with you under what I assume is a rather loose set of job requirements, I could get a raise. Bob: __Thats about it, yea. I think we are on the same page. Terri:_ _Hmmmnot exactly what I envisioned as my pathway to success, but maybe I could revise my vision just a bit. Bob: __So, are we on? Terri: __Sounds good. Let me know about the next trip. 1. Is Option A an example of sexual harassment? Yes No (Circle One) Why? _________________________________________ ___________________________________________________ ___________________________________________________ 2. Is Option B an example of sexual harassment? Yes No (Circle One) Why? _________________________________________ ___________________________________________________ ___________________________________________________ Additional Questions 3. What should be communicated to the victim following the investigation? Explain: ________________________________ ___________________________________________________ __ ___________________________________________________ 4. What special precautions should be taken when recording the investigation and ndings? _ ____________________________ ___________________________________________________ ___________________________________________________ 5. What is the aim of every investigation? Explain: ____________ ___________________________________________________ ___________________________________________________

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6. How can a woman be helped to feel comfortable during an investigation? What about a man? Explain: ________________ ___________________________________________________ ___________________________________________________ 7. How can an inadequate investigation harm a company? Explain: _ ___________________________________________ ___________________________________________________ ___________________________________________________ 8. What are the EEOC guidelines regarding employer liability in sexual harassment cases? Explain: _ ______________________ ___________________________________________________ ___________________________________________________ Arguably, there is nothing more important to the topic of sexual harassment than the investigation. A proper investigation can halt further harassment, protect employees, and limit the companys liability. In the case of Saxton v. American Telephone & Telegraph, a male supervisor sexually harassed a female employee. In fact, the supervisor felt her legs and thighs and attempted to kiss her. Upon notifying the company of his oensive conduct, AT&T conducted a prompt and thorough investigation and put a halt to any further oensive acts on the male supervisors part. As a result, the company was relieved of liability and did not have to pay damages to the complainant. On the other hand, in Meadows v. Guptill, the female complainant informed the city manager on several occasions that a city councilman had made lewd comments, rubbed himself against her, and grabbed her breasts. She was ignored. The court ned the city for tolerating sexual harassment and ned the city councilman for committing the acts.

Scenario #3: I Own Every Part of You: Emotionally, Physically, & Intellectually
This scenario presents Barbara and Kenny who are both employees of the same company and have had a history of dating. They broke up a year ago. Now that Barbara has been asked to lead a project group of which Kenny is a member, she expects Kenny to perform sexually. While statistics indicate that the percentage of women harassed at work (30-50% according to a 1994 Harris poll) far exceeds the percentage of men being harassed (10-12%), the fact remains that men are harassed and that women are subject to the same sexual harassment laws as men. Kenny: (Stands at a soft-drink machine or water fountain with his back to Barbara.) Barbara: (Strolls up to Kenny and swats him on the rear-end) Hey Kenny boy.
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Kenny: (Is startled and jumps) Barbara, I should have known it was you. Barbara: (Sidles up to Kenny and plays with his tie) Hey, I saw you out at the club last night. Was that Michelle I saw you dancing with? Kenny: Michelle? Oh, yea. Well, Michelle and I are just friends. Barbara: Friends huh? Does that mean theres still a chance for me? Kenny: Well, I ah. Barbara: Hey, did you hear? Ive been made head of the new project team. Kenny: You? Youre joking. Youve not been made head of any team. Barbara: (Tightens her grip on his tie or shirt) I have too and do you want to know the best part? Kenny: I have a feeling youre going to tell me? Barbara: Ive asked the great gilded chrome dome for permission to add you to my team. Kenny: Me! Why me? Barbara: Listen Kenny. You employee, me boss. That means I own every part of you now--emotionally, intellectually andwell, physically. And performance is what counts. Now that you have read this scenario, take a look at your own biases and prejudices. Is it humorous to see that this man is harassed in the manner that he is? Do you have any less empathy for him than if it were a woman being harassed? Why might we see humor in this incident and not so when a woman is being harassed? These are perhaps some good questions to ponder. 1. Was Barbara creating an intimidating work environment? A hostile environment? Yes No (Circle One) How? ____________ ___________________________________________________ __ ___________________________________________________ 2. In your opinion, how would a man typically deal with a situation like this? Explain: ____________________________ ___________________________________________________ ___________________________________________________

Answers to Scenarios
Scenario #1: Shoulder Massage
1. .. In this rst scene with Shelly and Paul, was this sexual harassment?

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Answer: This was clearly inappropriate workplace behavior. Shelly is upset, doesnt want his help, and nds his touching oensive. While one may think that Paul intended no harm or that he may have been simply trying to comfort her, the fact remains that Shelly gave nonverbal cues that she found his behavior oensive. The company has an armative defense if there is proof that reasonable care was taken (training and discussing the sexual harassment policy) to prevent sexual harassment, if prompt action is taken to stop the harassment following knowledge that someone is oended, or if the complaining employee failed to take advantage of readily available organizational remedies. 2.... If Paul really intends no harm/nothing sexual, does that change your opinion about whether this was or was not harassment? Answer: His intent really has no bearing on whether his behavior is considered sexual harassment; this is supported by case precedent. It is the victim who determines what is oensive. 3. .. What do you think about Paul calling Shelly Sweetie? Is it an example of sexual harassment? Answer: Usually the sole use of the terms sweetie, honey, or baby are not examples of illegal sexual harassment. However, if used in the context of more oensive behavior such terms may be considered discriminatory, particularly if men are not also called pet names. In addition, whether or not the terms are considered illegal, ones personal preference may dictate a dislike for such terms. 4. .. If Paul were a coworker, not a supervisor, would his behavior be considered sexual harassment? Answer: Again, Pauls behavior was inappropriate whether he is a supervisor or coworker. Regarding the question of legality, the company may be held liable if : (1)The company took no reasonable care to prevent the harassment or (2) If the employee complained about his behavior, but was ignored by management. 5. .. What steps should Shelly take in dealing with Paul? Answer: Shelly should: ...... A. Tell Paul to stop. ...... B. Tell Paul that unless he stops, HR will be notied. ...... C. Notify a trusted supervisor. ...... D. Notify the HR representative. 6. .. If you were a coworker with Shelly and you observed this scenario take place, what should you do? Answer: While coworkers have no legal liability with one another, it
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would be a good idea to check with Shelly and ask her if his behavior is unwanted. If so, encourage Shelly to report the incident to the appropriate person. If necessary, report what you observed and act as a witness on her behalf. 7. .. If you were a coworker of Paul, what might you do? Answer: Tell Paul that he is in violation of company policy and that he is putting not only his job but the company in jeopardy. If you are an agent of the company you must go to the appropriate person within the company to report the incident. Check with your company harassment policy for reporting guidelines. 8. .. After viewing this scenario, what do you think would be the best choice of action for Shelly? Answer: Shelly should tell Paul to stop and/or report the incident to her supervisor or HR. If the harassment is ignored, it will likely continue. In addition, reporting the harassment may serve to protect others who are also being sexually harassed. This should be of primary concern to a supervisor or HR. Reporting harassment is an important step in developing an antiharassment atmosphere. 9. .. Please comment on whether the following behaviors would be considered sexual harassment. ...... A. Making comments about another persons appearance (hair, makeup, clothes, etc.) Answer: This would not be considered sexual harassment unless the recipient of the comment has previously asked that such comments not be made. Of course, there is a dierence between saying Your hair looks nice today versus Might I say, you look absolutely incredible in that tight skirt. The words we use as well as voice tone, inection, and context have everything to do with the meaning of our communication. ...... B. Persistently asking someone out for a date after being told no. ...... Answer: Asking someone out on a date after they have previously said no could be considered sexual harassment if the recipient is afraid of retaliation for saying no or if the individual is so persistent that the behavior has a negative impact on the recipients work environment. ...... C. Engaging in locker room talk in the presence of others. ...... Answer: Yes, this could be considered both inappropriate workplace behavior as well as sexual harassment if one reasonable person nds the comments so oensive as to negatively aect his or her work environment.

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...... D. Being a touchy person. ...... Answer: Some people think that all touching is o limits. Not so. Only that touching which is unwanted is considered inappropriate and/or illegal. ...... E. Making comments of a sexual nature. ...... Answer: Commenting on someones body is never appropriate workplace conduct. It would depend upon the relationship between the two people and whether or not the recipient welcomes such comments. However, a bystander who overhears such a commentary could be oended even though the comments are not directed at them. 10. What are some nonverbal behaviors/cues that might tell Paul his behavior is unwelcome/inappropriate? Answer: Shelly exhibited the following nonverbal behaviors: ...... A. Facial expressions of dislike/no eye contact ...... B. Physical withdrawal ...... C. Leaving in the middle of his statement ...... D. Near crying and shaky voice These nonverbal indicators may seem simple and obvious to you, but how many times has someone engaged you in conversation at an inopportune time and failed to notice your nonverbal cues of disinterest or cues that you were in a rush? As odd as it may seem, many people fail to read the kind of cues that Shelly was giving. 11. Lets assume that Shelly appeared to like Pauls attention, i.e., she smiled and spoke to him enthusiastically. Could his behavior then be considered sexual harassment? Yes, under certain conditions. For example, if Paul is a supervisor and Shelly fears that saying no will result in retaliation and there is evidence that Paul has a history of punishing subordinates for refusing his advances. Then, she may have a good case for sexual harassment. Remember, there is no defense in those cases where the plainti proves the presence of quid pro quo sexual harassment or proves that the company has taken no preventive measures in the form of training and/or education regarding the company sexual harassment policy. 12. List the top ve things you learned by watching the Shelly and Paul scenario. Answers include: Pay attention to nonverbal cues. Respect another persons space.
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Be aware that other people may not speak up. Realize that even with the best of intentions, others could be oended by my behavior.

Scenario #2: Would You Do It For A Raise?

1. .. Would you consider this sexual harassment? What is the legal theory that makes this sexual harassment? ...... Yes, Bob is committing sexual harassment by tying sexual favors to Terris possible promotion. Even though he never comes out and explicitly states that she is to have sex with him, it is implied when he asks her to dinner and invites her to become a traveling sexual partner. Of course, quid pro quo is all predicated on one person having supervisory authority over another. If he were a coworker, this would not be a quid pro quo case of sexual harassment. Quid Pro quo sexual harassment creates strict liability. This means that the company has no viable defense. Even if the company has no knowledge that the supervisor is coercing employees, the company will be held liable. 2. .. Was Bobs behavior oensive? ...... Of course, you must be the judge regarding whether it is oensive to you personally. However, if you are of supervisory status and you either observe such an incident or are informed that an incident like this is taking place, you should not necessarily be subjective in your assessment of whether this is oensive. Rather you should use an objective standard that stems from company policy and whether the reasonable person would nd it oensive. Of course, in general, most people would nd his behavior subjectively oensive because of the coercion inherent to his oer. She can only improve her job status by having a sexual relationship with him. His oer indicates that she is valuable only so long as she cooperates with him sexually and not for her work-related contributions. 3. .. Was Bob creating a hostile work environment? ...... Yes, Bob creates not only a quid pro quo situation but also a hostile environment if Terri feels humiliated and threatened. It is also a hostile environment if her work is negatively aected by his actions.

Scenario #3: I Own Every Part of You: Emotionally, Physically, & Intellectually

1. .. Was Barbara creating an intimidating work environment? A hostile environment?

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...... Yes, a hostile environment was created by physical touching and Barbaras statements that she owned every part of him. 2.... In your opinion, how would a man typically deal with a situation like this? ...... There is no single answer as to how a man would handle this. Some men would probably be embarrassed, others angry, and still others might be attered. It may be that more men are sexually harassed than the statistics indicate but are embarrassed to come forward. 3. .. What might other men think if they heard Kenny complaining? ...... Responses from other men would also be varied. Men often report that it is dicult to report incidents of sexual harassment because they are not taken seriously or are viewed as weak. It may be that we view male harassment with humor because we believe that men should be able to take care of themselves. Even men dont report disdain for such incidents. Some men report that they would welcome such contact with a female at work. Nevertheless, it is a serious matter when a woman harasses a man and investigations should be conducted in a prompt and thorough manner.

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Quick Quick Hits

Quick Hits
There are so many examples of sexual harassment that it is impossible to include all of them within the context of this workbook. Nevertheless, it may be possible to provide enough examples to cover most incidents in general. Answers to the scenarios are found later in the workbook. The 25 scenarios below follow the actions of David Fuller Dedham, a reghter in an urban department, and the other members of his shift including his supervising ocer, Lt. Chuck Wombley and two female reghters: Toni and Hanna. David is 27 years old. He is 59 tall and weighs approximately 155 pounds. He is in top physical condition and is well liked by the other reghters. He is enjoys riding motorcycles in his spare time and works in a suburban emergency room during his days o. His coworkers nd him funny and willing to do just about anything for a laugh.

Scenario #1
David repeatedly asks Hanna for a date. She refuses each time and tells him that she has a boyfriend, yet he persists. She clearly indicates that she is not interested. ...........Come on, continues David. Are you saying I have absolutely no chance? ...........Id say there is a 99.999% chance that you and I will never get together, she says. ...........So, theres still a chance! he announces. Ask ..Is this sexual harassment? ..Is the situation dierent if David is a supervisor? Why so? Why not?

Scenario #2
Davids shift supervisor, Lt. Chuck Wombley, congratulates a woman on her outstanding work performance during a recent run. He pats her on
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the back and compliments her on her physical strength in extricating and then carrying a large man from a burning car. He also compliments her on her appearance. Youve got to be the most attractive and athletic female reghter Ive had the privilege of meeting, he said. Ask ..Is this an example of sexual harassment? ..Is all touching o limits?

Scenario #3
David congratulates a female reghter on her engagement to be married. He hugs her and asks if her future husband, whom he plays softball with, is a good lover. ...........As you know Toni, he brags about his sexual prowess all the time. Give me the truth, is he really as good as he says? (wink, wink). Ask ..Is this an example of sexual harassment?

Scenario #4
Davids supervisor, Lt. Wombley, approaches a subordinate and compliments her on her appearance. He touches her hair and tells her that he watched her walk across the parking lot earlier that morning on the way into the station. She seems annoyed. He then asks her if she would like to go to lunch to talk about a service project. She says no. He hints that other reghters are trying to get some of the choice assignments and would not hesitate to go to lunch. Ask ..What makes this an example of sexual harassment?

Scenario #5
In an isolated oce in the station, David and Toni look at pornographic web sites on the Internet. Both reghters participate equally and both seem to enjoy browsing the Internet for sexually oriented sites. Hint: Welcome conduct between two employees is not sexual harassment, but this is not the only consideration in this example. Ask ..What else should be considered as a potential source of problems?

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Scenario #6
David sends Hanna, another female reghter, an e-mail from his vacation spot on a beach to her private residence. He sends her a picture of himself in a Speedo and an X-rated story he wrote. He wants to know if she enjoyed the picture and the story. She indicates that the picture and the story were oensive and asks him not to send e-mails to her house. David suspects that Hanna is a lesbian. Ask ..Is this an example of sexual harassment? Why? Why not?

Scenario #7
Toni talks about a male coworkers rear-end. She asks Hanna what she thinks of his body, and she makes all sorts of comments about his appearance. He appears sheepishly attered. Ask ..Is this an example of sexual harassment? ...What if he appeared annoyed?

Scenario #8
David and Toni talk about their weekend and an upcoming work project. Lt. Wombley, the supervising ocer, approaches. Through the conversation it becomes apparent that Toni is having a sexual relationship with Lt. Wombley and is receiving special favors. Ask ...What are the key components that create sexual harassment in this example? Hint: Overhearing the conversation is not the element creating sexual harassment unless the conversation was lthy.

Scenario #9
Lt. Wombley puts a poster of a thinly clad woman on a wall in his oce that is not visible to anyone passing by. In fact, it is only visible if someone entered the oce and looked behind them. Seldom does anyone see it since he leaves his door open, and the poster is on the hidden side of the door. Ask ..Is this an example of sexual harassment?

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David and Toni brag to each other about their sexual capabilities. It is good-natured banter and takes a competitive slant of who could do the most the longest, etc. This goes on for several weeks. Then one day Toni complains to Lt. Wombley that she is oended by this kind of conversation (even though she has participated in it.) Ask What should the lieutenant do?

Scenario #10

Scenario #11
The chief interviews a female for a job. He asks her what her husband thinks of her working shift, and he asks her if she plans to have more children. Ask ..Is this an example of sexual harassment?

Scenario #12
Lt. Wombley walks by David and some of the other men during lunch. As he passes by their bunkroom, he discovers that they have posted a nude poster on the wall. Should he: A. Reprimand them for bringing questionable pictures to work and jeopardizing the departments sexual harassment policy. B. Talk to them individually and tell him not to bring material like this to work. C. Ask them to move the picture to a less visible spot. D. Other.

Scenario #13
Toni has just received a sexually suggestive note from an anonymous coworker. The note was placed in her locker. It is a lthy note full of comments about her breasts and buttocks and a commentary about what the writer of the note would like to do with her sexually. The department should: A. Question everyone in her department in an attempt to nd out if anyone knows who the writer might be. B. Move Toni out of the department. C. Make everyone go through sexual harassment training. D. Other.

Scenario #14
Same scenario as #13 except that Toni is not the one oended. Toni thinks its funny. It is Hanna who is oended and scared, and it is she who informs Lt. Wombley of the note. She indicates that Toni has received these notes before. She thinks Toni may even know who it is. Does Wombley:

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 A. Question everyone in her department in an attempt to nd out if anyone knows who the writer might be. B. Move Toni out of the department. C. Make everyone go through sexual harassment training. D. Other.

Scenario #15
The men nd Toni very attractive. She is a very buxom woman and seems comfortable aunting her gure at bedtime. Her t-shirts are tight and her bra can be clearly detected through the sheer material. One afternoon, David and a group of men are joking and laughing about Tonis appearance. As she walks by, David comments audibly about her breasts. The other men laugh and poke each other on the arm. Toni is clearly oended and tells Lt. Wombley what happened. Wombley should: A. Punish the men for poking fun. B. Send Toni home for dressing provocatively. C. Send Toni and the men to sexual harassment training. D. Other.

Scenario #16
A group of reghters on Wombleys shift tell demeaning jokes about women in general and often rate and critique the appearance and body parts of their women colleagues. Wombley has had a good relationship with these men and has been socially involved with them outside the station. In the past, he even told jokes and laughed along with them. It was after his promotion and a sexual harassment workshop that he began to view this kind of behavior dierently. Now he is more sensitive to the rights of others but his men are not. They continue to attempt to pull him into their jokes. Their performance is outstanding and he worries that if he is no longer one of the boys, they will distance themselves from him, which may result in diminished work performance. Does he: A. Ignore their behavior since they do not seem to be distracted or directly aecting others. B. Inform the men that their behavior is inappropriate. C. Pass out the departments sexual harassment policy. D. Other.

Scenario #17
Gary has worked for the re department a long time and made many contributions. In a sexual harassment class, it was revealed that Gary is very touchy and almost always refers to the young female reghters as sweetie or honey. Two long-time female oce workers who have had
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contact with him for years say that they dont mind. But the women who dont know him as well state that they are annoyed with his sexist labels. Wombley or the department should: A. Tell the women to get to know Gary before judging him. B. Discipline Gary and review the companys sexual harassment policy with him. C. Talk to Gary about how his behavior may not be acceptable for todays workplace. D. Other.

Scenario #18
David and Toni recently ended an aair. David started dating someone else and Toni is very jealous. She tells Lt. Wombley that David is telling lies about her and is making lewd comments to the other guys. Lt. Wombley should: A. Treat this scenario like any other sexual harassment complaint. B. Develop an antidating policy and inform everyone that dating within the department is prohibited. C. Talk to David and ask him to stop. D. Identify the other men and conduct an investigation of all involved.

Scenario #19
After a series of sexual harassment training sessions, David and several men crack jokes such as Sexual harassment training -- learn how to do it right, and I never knew so many ways to sexually harass someone until I attended the workshop. Toni, who is adept at drawing, even draws several pictures depicting sexual harassment. She places these inside a circle with a slash line running diagonally through them. The pictures are clearly facetious in nature. The department should: A. Talk to these individuals and explain that humor of this nature undermines the sexual harassment policy. B. Place a written reprimand in each persons le since it is obvious that training did no good. C. Send a memo out to everyone that the sexual harassment training should not be trivialized.

Scenario #20
Hanna recently joined the department. Now the men are required to wear running shorts and t-shirts to bed. The men are annoyed with the change in their routine and deal with it by placing all of their underwear in the womans locker. The department should:

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A. B. C.

Discipline the men. Conduct sexual harassment training. Change the sleeping arrangements.

Scenario #21
Lt. Wombley overhears David and a group of reghters talking about Hanna. They wonder if she is lesbian and talk about always seeing her with a member of the same sex. David says: What a shame that she is homosexual. I sure wouldnt kick her out of bed for eating crackers. Lt. Wombley should: A. B. C. Say nothing. After all everyone gossips a bit. Talk to them about spreading rumors that may aect a persons work environment. Other.

Scenario #22
Hanna puts up a poster of a thinly clad woman in the womens bunk area. When ordered to take it down, she responds by saying: Its not oensive to anyone. After all, practically everyone here loves women. The department should: A. B. C. Do nothing because it is not oensive to anyone. Order her to take it down. She has more right to put up these kinds of posters than do the men. Conduct sexual harassment training for everyone.

Scenario #23
David approached Lt. Wombley and announces that he is being subjected to a hostile environment. Chuck, you and I both know that theres a gay reghter on the shift. He said so himself! Now how are we supposed to take that? Im uncomfortable! Who wouldnt be? We have a common bunkroom and communal showers. Im just worried that hes checking me out in the showers. Lt. Wombley should: A. B. C. Fire the gay reghter. Tell the complainer to get a life. Do nothing.

Scenario #24
The entire shift of reghters (both men and women) complains that they are uncomfortable. A decorated male named Harold took a leave of absence several months ago and recently returned as Hanna. David puts his concern this way: Were uncomfortable. Is he, rather shewhatever, a male or female? Which restroom does she use? And the women are
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uncomfortable because they remember when Hanna was Harold. The department should: A. B. C. Build separate bathroom and shower facilities for the transsexual reghter. Tell the complainer to get a life. Do nothing.

Scenario #25
Toni was the rst woman to join the re department. As part of her initiation, David and the rest of the men require her to model how she looks when she comes out of the shower. She emerges with a towel wrapped around her body. Then she walks past the men who each take turns popping her rear end with towels. Toni laughs and has a great time. She later says that she is happy to be one of the guys. The department should: A. B. C. Discipline the entire group and conduct sexual harassment training. Discipline only the men because it was their idea. Discipline the woman because she contributed to a sexual atmosphere.

Answers: Quick Hits

Scenario #1
Yes. Hannas no answers indicate that the advances are unwanted. David must leave her alone. Furthermore, if David were her supervisor, he should understand that it is dicult for subordinate employees to say no. Therefore, his advances are potentially more threatening. Whether he is a coworker or supervisor, the issue is really not the number of times a person asks for a date. The more pertinent issue involves whether the recipient welcomes the advances.

Scenario #2
This is sometimes a tough call. A pat on the back may not be intended as a sexual advance yet may be unwanted by the recipient. There is nothing wrong with a genuine pat on the back even if it is unwelcome. In this time of litigation, some managers are choosing a hands o approach and are congratulating employees by verbal means. A hello hug after someone returns from a leave due to sickness or family tragedy is usually acceptable given that the relationship is one that supports such behavior. A supervisor who massages the shoulders of subordinates is asking for trouble. Now, regarding his statements, these are too personal. The following statements are much too personal for many people: I like your dress and, by the way, your legs look great; or You look great today; or I watched

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as you walked away from our meeting. Comments that are usually acceptable are You look very professional and You look nice today. It is true that most touching is o limits.

Scenario #3
Yes, this could be annoying and oensive to some people. This person is either a social oaf or used to interacting with this person in this manner. At any rate, questions like this are unacceptable in the work environment. Even if the relationship is close enough to support this question, the recipient may not want others to overhear it. Many people would not consider this an appropriate question for the workplace even if the recipient welcomed it.

Scenario #4
There is an implied demand that if one wants to advance, then lunch is advisable. This is coercive and an example of quid pro quo sexual harassment.

Scenario #5
Given that neither person has authority over the other, this is not an example of sexual harassment. However, there is another considerationbystanders as well as the appropriate use of company time and equipment. Bystanders may not welcome seeing pornographic images and the company will, no doubt, prohibit the inappropriate use of time and equipment. Most workplaces are requesting that lewd screen savers be removed so as not to oend an onlooker.

Scenario #6
Sexual harassment can occur anywhere, but it must have a negative impact on the work environment. This could be an example of sexual harassment if his unwanted advances continue in the workplace or if his outside advances are so severe as to have a negative impact on the recipients work environment. Even though the incident took place outside the walls of the workplace, if the behavior aects the work relationship or work environment, it is usually considered sexual harassment.

Scenario #7
Whether the recipient is a man or a woman, unwanted behavior can create a hostile environment one that negatively aects productivity. It is an example of sexual harassment if the comments are unwanted by the man. Furthermore, even if he welcomes the comments, she may be contributing to a sexual atmosphere that can morph into a hostile environment.

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Scenario #8
This is a potential example of bystander sexual harassment that exists when an uninvolved third party is not given the same consideration for promotions and raises because they are not in a sexual relationship with the boss. Furthermore, the promotions and raises are discriminatory in that they are based upon sexual performance.

Scenario #9
Courts have ruled that pictures and posters, even though they may be hidden from view, sexualize the workplace and create the possibility of a hostile environment.

Scenario #10
Investigate the complaint like any other sexual harassment complaint. Just because one party complains rst does not release the person from his or her part in creating a hostile environment. Even if no sexual harassment is found, these two are behaving in an inappropriate manner for any work environment.

Scenario #11
No, it is an example of sexual discrimination. The questions have nothing to do with her job skills or the requirements of the position.

Scenario #12
A or B This is in direct violation of the departments sexual harassment policy.

Scenario #13
D. Anonymous notes are frightening to many people. They call to mind stalking and are a concern for violence in the workplace. Inform security or the police and issue the companys sexual harassment policy. Keep the victims name as condential as possible but discuss sexual harassment policies in departmental meetings.

Scenario #14
D. Similar to #13. Also, question Hanna and gather specic facts regarding why she thinks Toni may know the perpetrator. Get specic information, even if Toni refuses.

Scenario #15
D. There are two issues here. First, if Toni is dressing inappropriately, she should receive clear suggestions regarding her professional attire. If necessary, she should be sent home to dress in a manner that is conducive to a work environment. Secondly, the men should receive clear feedback that their behavior is inappropriate.

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Scenario #16
B. The new supervisor may need to tell these men that his responsibilities have changed as a result of the change in positions.

Scenario #17
C. Talk to David about how his behavior may not be acceptable for todays re service.

Scenario #18
A. Treat this like any other sexual harassment complaint.

Scenario #19
A. It is natural for some employees to crack jokes about sexual harassment training. It is best advised to avoid becoming too rigid about employees reactions. Reiterate the seriousness of the course if humor serves as a collusive device to perpetuate a hostile environment.

Scenario #20
A. You must send a strong message to these men and the department in general that times are changing and that inappropriate material will not be tolerated.

Scenario #21
B. Collusion is a term meaning to support or perpetuate stereotypes by either active or passive means. Without creating a stodgy, sterile environment, it is important that everyone take a role in preventing gossip, language, or actions that create an unwanted or hostile environment.

Scenario #22
B. Order her to take it down. She has no more right to put up these kinds of posters than do the men.

Scenario #23
C. Nothing. In fact, the gay [assuming he is gay] reghter has done nothing wrong. The denition of sexual harassment is: Any unwanted act or behavior with sexual undertones that has a negative impact on work

Scenario #24
C. Nothing. The transsexual reghter has done nothing wrong.

Scenario #25
A. Discipline the entire group.

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Questions Frequently Asked Questions

Frequently Asked Questions

1. When is the department liable? Fire departments are legally responsible for sexual harassment when: The department knew or should have known that harassment was taking place. Failing to take action to stop harassment often increases damage awards. B. The department made no eort to stop the harassment. C. The department did not have a harassment policy and failed to provide a reasonable method for victims to complain to someone with the authority to resolve the problem. From the standpoint of liability quid pro quo sexual harassment by a supervisor is extremely serious in that it creates strict liability, which means that the company has no armative defense. Essentially, ocers and supervisors are considered agents of the company. Even if other members of management are not aware of harassment, or if the advances took place away from the department, the department can be held responsible for the actions of management. 2. As a supervisor, am I personally liable? Again, agents of the department--including ocers and supervisors--are held responsible not only for their own behavior, but the behavior of subordinates as well when they have knowledge that sexual/romantic advances are unwanted. The U.S. Supreme Court ruling in Burlington versus Ellerth indicates that organizations can be held liable for quid pro quo sexual harassment that results in tangible eects, i.e., loss of income. In fact, organizations can be held strictly liable, which means that they have NO DEFENSE on the part of the organization. Prior to the Burlington ruling, organizations defended themselves in court by showing the existence of a comprehensive sexual harassment policy, reporting procedures, and regular training. Now, as a result of their ruling, companies will no longer have this defense available in cases of supervisory quo pro quo sexual harassment. 3. What is important in handling a complaint? Filing a sexual harassment complaint can be dicult and uncomfortable for
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A.

the employee. It is important that managers take the complaint seriously and listen attentively in a professional and nonjudgmental way. 4. Will I conduct the investigation? It depends on how your department is organized and whether the department is a part of a municipality. If so, then the human resources department may have investigative authority. Nevertheless, you may be the rst person approached by the complainant and your response is vitally important. How complaints are initially handled will determine: ...Level of trust employees have in the department ...Extent of the departments liability ...Safety and productivity of the work atmosphere ...What role you will play in the investigation. You will be interviewed as part of the investigative process and may have to answer the following questions: .. Are you aware of any disciplinary problems or unusual behavior patterns with the accused or with the complainant? .. Did the complainant report the alleged harassment to you? .. Did you observe the conduct? .. Was the oensive conduct discussed in your presence or did the supervisor hear any rumors about the conduct? .. Is there any documentation that would indicate that you knew or should have known about the oensive conduct? 5. What questions are asked during the interview? ...What type of conduct occurred? ...When did it happen? ..How frequently did it happen? ...Where did it happen? ...Were there any witnesses? ..What was said? ...Was the complainant touched? Where? ...Is the complainant aware of similar behavior toward another employee? ...Was the conduct in the context of a joke? Was it unwelcome? ...Did the complainant communicate to the harasser in any way that the conduct was unwelcome? ...What eect did the conduct have on the complainant?

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...Were employees of the opposite sex from the complainant treated similarly or dierently by the alleged harasser? ...How quickly was the incident reported? If there was a time lapse, why? ...Has something occurred to trigger a complaint? ...How would the complainant like the situation resolved? ...(Dont make any promises) 6. Does training actually stop sexual harassment from occurring? Yes. The majority of sexual harassers are people who behave inappropriately out of ignorance. Most are not malicious. This is not to imply that serious problems cannot arise from ignorance, but it does imply that training can be helpful. However, there is a small percentage of repeat harassers who are not likely to change because of training. For these people, disciplinary action may be the only answer. 7. Wont ignoring the harasser cause them to stop over time? This may work for some people, but for others, ignoring the harassment is a tacit agreement for the oensive behavior to continue. 8. Arent many complaints by women false? No. Most complaints are a complainants eort to stop oensive behavior. 9. Isnt a voluntary and consensual sexual relationship between two people O.K.? Maybe. A voluntary or consensual relationship between two people of equal job status is generally acceptable. If, however, one party decides to end the relationship, the other party must stop behavior that at one point may have been acceptable to that person. However, consent between supervisor and subordinate is less clear. In a case referenced as Meritor Bank v. Vinson, a supervisor and subordinate had an ongoing sexual relationship, but the male supervisor lost the case because the woman alleged that even though she consented to numerous sexual encounters the sexual attention was unwelcome and was merely her attempt to keep her job. Thus, a consensual relationship was, in fact, deemed coercive. The unequal status between supervisors and subordinates means that consensual is not the same as welcome. One may consent to a root canal but not welcome it. 10. What are some examples of hostile environment sexual harassment? ... Telling o-color or dirty jokes. Even if everyone laughs, this is not a defense. Some people may be oended even though they dont show it. It is dicult to tell the boss that a joke is oensive.
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... Making lewd or suggestive comments. Again, coworkers or subordinates may be oended and not show it. Nevertheless, they can rightly claim that the comments were unwelcome. ... Displaying nude or suggestive photos or posters. Even if the photos are in a place where no one else sees them, they sexualize the workplace (according to legal precedent). ... Bragging about sexual prowess. Even if others seem to go along, some may be oended. Bystanders may be oended and consider the environment to be hostile. ... Questioning coworkers about their sex lives. This creates a hostile environment. ... Approaching or touching coworkers in a suggestive manner. This creates a hostile environment. ... Writing lewd or suggestive notes to coworkers. Even if a person has written some in return, the moment you are asked to stop is an indication that the behavior is no longer wanted. ... Persistently leering or staring at someone in a suggestive fashion. Finding someone attractive and doing a double take does not fall into the realm of sexual harassment. On the other hand, leering means undressing someone with ones eyes or making them uncomfortable with not only the length of the stare but the part of the body being looked upon. .. Brushing against another person suggestively. .. Making sexual epithets or sexual slurs. Using foul language or making sexual comments to someone creates a hostile environment. .. Spreading rumors about another persons sex life. .. Giving unwanted personal gifts. .. Retaliation. Examples include: .. Terminating or demoting an employee for reporting harassment .. Creating an untenable working atmosphere (after an employee complains) in an eort to make the employee resign .. Giving the complainant unfair work assignments .. Suggesting or implying to the complainants peers that they should treat the complainant with prejudice because of his or her harassment report .. Harassing the complainant via verbal, physical, written, visual, or quid pro quo means .. Starting rumors about the complainant

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Summary
The purpose of this class has been to present the most up-to-date information on sexual harassment. Having knowledge of recent litigation and workplace trends is the rst step in avoiding sexual harassment complaints. In addition, familiarity with this topic is an aid in managing sexual misconduct if it arises. Sexual harassment is unwanted sexual attention that creates a hostile and oensive environment and may be implicitly or explicitly used to coerce an individual to perform unwelcome sexual acts in order to achieve a promotion, raise, or job favor. We learned that: ...Sexual harassment is bothering someone in a sexual way. ...The harasser oers sexual attention to someone who didnt ask for it and doesnt welcome it. ...The unwelcome behavior might or might not involve touching. It could just as well be spoken words, graphics, gestures, or even looks (not any look but the kind of leer or stare that says, I want to undress you). ...A recipient may consent to sexual advances and yet still make the claim that the advances are unwelcome. This is possible in those situations in which the recipient is afraid to refuse the advances due to the fear of job repercussion from his or her manager/supervisor/owner. ..Sexual harassment is dierent from the innocent mistake that is, when someone tells an o-color joke, not realizing the listener will be oended, or gives what is meant as a friendly squeeze of the arm to a coworker who doesnt like to be touched. Such behavior may represent insensitivity, and that may be a serious problem, but its usually not sexual harassment. In fact, the person who tells the joke that misres will usually recognize his or her faux pas and will then apologize and try not to do it again. ...Petitioners can win their case even if they consent (if the sexual advances were unwelcome). ...Sexual harassment is comprised of four things: .. Frequency .. Severity .. Threat/humiliation .. Extent of pervasive eect upon the work environment ...The victim does not have to say no to establish the presence of unwanted sexual attention. ...There are two legal theories of sexual harassment: .. Quid pro quo .. Hostile environment
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...Quid pro quo indicates something being given in return for something else. ...Hostile environment sexual harassment occurs when oensive behavior is repeated and negatively aects the working environment. ...Bystander sexual harassment is a type of hostile environment in which a supervisor rewards only those employees who submit to sexual demands. ...Sexual harassment can manifest itself in the following ways: .. Physical .. Verbal .. Visual .. Written .. Quid pro quo ...The 1964 Civil Rights Act prohibits this kind of behavior if it is unwelcome and has a pervasive negative eect on the workplace environment. ..Oensive behavior can include: Shoulder massages Pinches Kissing Hugging Rubbing ones body against someone Leering Foul language Name-calling Visual pornography Filthy jokes The alternatives for combating this type of behavior include telling the harasser to stop, reporting the oensive behavior to a supervisor, telling a human resources representative, and reporting the oensive behavior to corporate human resources. When making a complaint, be specic about the time, the place, what was said and done, and what your response was. The names of witnesses are also important information to relay. ...Developing an antiharassment environment is vitally important because the eects of sexual harassment on the workforce are crippling. Unchecked sexual harassment creates lethargy and lower productivity. ...Those who are oended show their displeasure via: .. Lack of eye contact

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.. Stiness of their musculature .. Physically pushing themselves away from physical contact .. Abruptly cutting o conversations in mid-stream Sighing .. Physical avoidance ...In todays workplace, sexual harassment is a pervasive and damaging phenomenon in that it denies workers the freedom of choice. Most women and men wish to choose whether, when, where, and with whom to have sexual relationships, as one important part of exercising control over their lives. Sexual harassment denies this choice in the process of denying the opportunity to work without being subjected to sexual demands. ...The emotional consequences of harassment can include all the symptoms of depression. A major depressive episode is characterized by at least four of the following symptoms: .. Poor appetite or weight loss .. Increased or decreased sleep .. Loss of interest of pleasure or decreased sexual drive .. Feeling of worthlessness or guilt .. Decreased concentration .. Thoughts of death ...Harassment often goes unreported primarily because of a sense of powerlessness that employees experience and the acceptance of a certain level of inability to control their careers and professional destinies. Although laws establish punishment for sexual harassment, this is not enough. The law, as it was conceived, was to provide a shield of protection. Yet that shield is failing because many fear reporting harassment and others feel it would do no good. The result is that less than 5% of victims le claims of harassment. ...Enforcing the law alone wont terminate the problem. Equality of treatment in the workplace is the goal. Equality requires an expansion of attitudes toward workers. Sexual harassment denies equality and replaces it with the view that people (a higher percentage of women) are objects of ego or power gratication. ...Both women and men are angry. The cause of anger for women is because sexual harassment is another form of violence against them. Women have also believed that if the law allowed them to be hired in the workplace, and if they worked hard for their education and on the job, equality would be achieved. This has not been the case.

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...Some men are angry because they perceive that blame is being placed upon the whole gender rather than on those few men who are responsible for sexually harassing their female subordinates and coworkers. In fact, there is a growing number of men who seek equality between men and women in the workplace. This equality and mutual respect will ultimately end harassment and discrimination. ...The goal of every good employee is to encourage the mutual respect of all workers regardless of gender, race, nationality, or ethnic origin.

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Prevention Focusing on Prevention

Focusing On Prevention

Action Planning and Contracting Form

1. The primary action I will take to create an antiharassment atmosphere: _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 2. An action I will take to increase antiharassment awareness in others: _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 3. Specically, how I will communicate/model an antiharassment environment to others? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 4. What will help me take this action? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________

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5. What will hinder me in taking this action? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________

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Guidelines Guidelines for Supervisors

Guidelines for Supervisors

This section is provided for managers and supervisors and is intended to oer some guidelines regarding the very early stages of the complaint process and the vital role you play in that process. Ignore this section if you are not of managerial or supervisory status.

Listening to the Complaint

Although you will not conduct the whole investigation, your role is vital to the investigative process. Do your best to put the complainant at ease during the interview. Reassure the complainant that bringing a complaint of sexual harassment will have no eect on his or her employment situation. Stress the condentiality of the situation and explain that only those with a legitimate need to know will be involved in the investigation. Remind the complainant of the risk of defamation liability if false statements are made or if the incident is discussed with others. Keep the following list of questions handy and readily accessible for those instances in which you are approached by complainants. ...What type of conduct occurred? ...When did it happen? ...How frequently did it happen? ...Where did it happen? ...Were there any witnesses? ...What was said? ...Was the complainant touched? Where? ...Is the complainant aware of similar behavior toward another employee? ...Was the conduct in the context of a joke? Was it unwelcome? ...Did the complainant communicate to the harasser in any way that the conduct was unwelcome? ...What eect did the conduct have on the complainant? ..How quickly was the incident reported? If there was a time lapse, why?
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Assure the individual that the company takes the complaint seriously and that there will be a thorough investigation before any action is taken. Make sure he or she knows that someone will get back to them when the investigation is complete, and then do it! If you (as supervisor) are interviewed by Human Resources, be prepared to answer the following: ..Are you (the supervisor) aware of any disciplinary problems or unusual behavior patterns with the accused or with the complainant? ..Did the complainant report the alleged harassment to you? ..Did you observe the conduct? ..Was the conduct discussed in your presence or did you hear any rumors about the conduct? ...Is there any documentation that would indicate that you knew or should have known about he conduct? ...What is the relationship between the accused and the complainant? ...How long have they known each other? ...Have they ever socialized individually or in a group? ...Was there ever a romantic relationship between the two? ...What were the accusers job responsibilities at the time of the harassment? ...Was the accused in a position to aect the complainants employment conditions? ...Does the accused know of any possible reasons that could trigger the complaint? ...Are there any witnesses or documentation of any kind that would support the accused harassers denial? In addition, be watchful of the following: .. Have the claimant or witnesses experienced any retaliation? .. Did the chosen remedy stop the harassment? ...Does the company need to re-communicate its sexual harassment policy? The biggest mistake ever made by a company is the failure to take every sexual harassment complaint seriously. Make no assumptions based on reputations of the individuals involved or on any preconceived ideas of who is and who is not harassed. Increasingly, courts are not asking whether sexual harassment occurred. Instead, they are asking how the company handled it.

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Quick Guide for Supervisors

Do
...Take every complaint seriously even if the incident doesnt initially seem like sexual harassment to you. ...Try to put the complainant at ease. ...Assure the individual that the complaint will be kept as condential as possible. Avoid making promises of absolute condentiality. ...Assure the individual that there will be no retaliation for ling a sexual harassment complaint. ...Gather the facts. Learn the who, what, when, where, why and how. ...Ask the employee how he or she would like to see the situation resolved. ...Take prompt action. ...Document all the information that has been gathered and take it immediately to the person designated by company sexual harassment policy to thoroughly investigate the complaint. ...Know the complaint procedure in your organization

Dont

...Take the complaint lightly. ...Retaliate or allow any other employee to retaliate against a complainant. ...Use statements like: Im sure he didnt mean anything by it or Youre overreacting.

What To Do If It Happens To You

It is our job to make sure you have a safe work environment. This training is just part of our eorts to make this so. Our policy means what it says that we will not tolerate oensive language or conduct in the workplace. Findings of sexual harassment will result in disciplinary action up to and including termination. We strive to maintain a safe and productive workplace because it is the right thing to do and because harassment aects productivity and thus, all of us. Maybe you have been experiencing sexual harassment in one form or another. Although we hope not, if you feel that you are the rst step is to trust your instincts. If someone is doing something that makes you uncomfortable, you should tell someone you trust right away. This doesnt mean every questionable comment or gesture signals serious sexual harassment.
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But if the uh-oh feeling gets triggered, dont ignore it. Sexual harassment will result in disciplinary action up to and including termination. One woman was unsure about whether she had been harassed. She reported the following: Rick was always near me. I would look up and often see him staring at me. Sometimes he would call me into his oce and shut the door. I was uncomfortable. He was always bumping into my chair and rubbing my arm. The more he did that, the worse I felt. Once, in the copy room, he brushed up against me with his whole body; then he stepped back and did it again. Finally. I realized I was not imagining any of it. If you feel that you have been sexually harassed, you have several options available to you. You are always welcome to report your concerns to human resources or trusted members of management. If you have not communicated your displeasure to the harasser, you may want to consider doing so. State, in no uncertain terms, that you are oended by the behavior or comments. Even if the harasser states that they intended no harm, you should indicate that you understand, but that you are oended nonetheless. If the harasser scos at you or continues to harass you, then more drastic steps are necessary and you should contact HR or management. If you are the kind of person who is less assertive or uncomfortable with stating your displeasure, then please feel free to follow the reporting procedures as outlined in the sexual harassment policy.

What Good Ocers/Supervisors Should Do

Preventing sexual harassment takes more than a good policy on paper. Supervisory personnel need to know how to spot problems and encourage victims to speak up. Equally important, they need to know how to promote the policy as a matter not of rules but of respect. The supervisors role is key in setting a tone of mutual consideration, not humorless repression. ...Good ocers/supervisors should: ...Be a role model. Supervisors who dont make or laugh at remarks that demean women have more credibility in combating sexual harassment. Be mindful of the power imbalance between you and your sta. Avoid even the appearance of improper conduct. ...Be a good listener. Employees are more likely to discuss concerns about harassment with a supervisor who makes time for them on a regular basis. ...Be nonjudgmental. Label behavior, not people. Dont reprimand someone in front of other sta, and dont gossip. ...Be objective and consistent. Supervisors have to be willing to acknowledge their own prejudices.

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...Be tuned in. If someone in your area is uncomfortable, you ought to know about it. ...Follow through and follow up. ...Be informed. Take advantage of opportunities to learn about sexual harassment research and policies. ...Be willing to ask for help. If something comes up that youre not sure about, seek out someone who might know more. ...Be vigilant. Take every complaint seriously. ...Be a leader. Successful supervisors give leadership, not orders. ...Be proactive. Dont wait for a crisis. Look for opportunities to arrange trainings and discussions with your sta.

Sample Sexual Harassment Policy

The Metropolis Fire Department is committed to an environment where people are valued as individuals and treated with respect and dignity. Consistent with this commitment, conduct of a sexually harassing nature is inappropriate and unacceptable at the Metropolis Fire Department. Also, the department will not tolerate retaliation against anyone who alleges that they have been subjected to sexually harassing conduct. This policy applies to all employees, whether on work premises or in a location where department work or business is conducted, at any time during work hours or thereafter. All Metropolis Fire Department employees subjected to sexual harassment should use the departments reporting procedures.

A. Responsibilities
All Metropolis Fire Department employees are responsible for promoting a positive work environment by: ...Respecting the individual rights of others, ...Conducting themselves in a professional and businesslike manner, ...Promoting an environment where people feel responsible for and are free to address unwelcome or oensive conduct, ...Refraining from inappropriate or sexually harassing conduct, and ...Initiating actions to correct conduct of a sexually harassing nature. Ocers and supervisors are responsible for: ...Promoting awareness through training within the department, ...Working with human resources to address issues of inappropriate behavior,
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...Actively endorsing an environment free from unwelcome and offensive conduct, ...Coordinating and assisting in education and awareness programs, ...Administering the application of corrective action, and ...Ensuring consistent administration of this policy.

B. Denitions
As dened in Equal Employment Opportunity guidelines, sexual harassment is any unwelcome sexual advance; request for sexual favors; or any verbal or physical conduct of a sexual nature when: ...Submission to the conduct is a specic or implied term or condition of employment, or ...Submission or rejection or the conduct is used as the basis for employment or tangible benet decisions, or ...Such conduct has the purpose and/or eect of unreasonably interfering with a persons work performance or creating an intimidating, hostile, or oensive work environment. Sexual harassment is simply harassment based on gender (both male and female). It is unwelcome behavior that is one-sided, intimidating, and oensive to the recipient and may occur in the following forms. 1.... Authority or status is improperly used to request or demand sexual favors in exchange for continued employment or work-related benets. This is dened as quid pro quo or this-for-that sexual harassment. 2.... Hostile environment harassment occurs when verbal or physical conduct by a supervisor or coworker creates an intimidating, hostile, or oensive work environment. Hostile environment may take the form of, but is not limited to: Verbal expressions such as sexual propositions, sexual innuendoes, suggestive comments, sexually oriented kidding or teasing, and jokes of sexual nature or about gender-specic traits; Nonverbal expressions such as obscene or indecent gestures, displays of oensive printed or visual material; and Physical conduct such as touching, patting, pinching, or brushing against anothers body or any physical contact considered unacceptable by the recipient.

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Normal social interaction does not usually constitute sexual harassment. However, sexual comments or physical actions including overt displays of aection or familiarity are not appropriate or acceptable in the department work environment, whether welcome or unwelcome.

C. Supervisor/Subordinate Relationships
A proper supervisory relationship cannot be maintained when there is a sexual relationship between supervisors and subordinates. Therefore, relationships of this nature are inappropriate and unacceptable at the Metropolis Fire Department.

D. Eliminating Unwelcome Behavior

Promptly stopping unwelcome conduct is of utmost importance. If a Metropolis Fire Department employee feels that he or she has been subjected to inappropriate behavior, this employee may choose to inform the person that his or her behavior is unwelcome and inappropriate. A department employee may seek counsel from his or her immediate supervisor, or any supervisor, concerning ways to request that the inappropriate behavior cease. If, as relates to the subject of inappropriate behavior, the employee feels uncomfortable in personally asking that certain behavior be discontinued, or if his or her personal eorts to stop any unwelcome behavior were unsuccessful, this employee is expected to report the conduct and work with his or her supervisor, any member of the command sta, or the human resources department, to eliminate it. In seeking counsel or requesting assistance in starting a solution process, you should contact a member of the command sta or human resources manager.

E. Corrective Action
Any department employee who the Metropolis Fire Department determines has engaged in sexual harassment, whether quid pro quo or hostile environment, will be disciplined. Corrective action may range from a discussion to immediate termination of employment, depending on the severity of the conduct, impact on the employee, and the best interests of the Metropolis Fire Department. Corrective action up to and including termination will also be applied in those cases where managers or supervisors become aware of, but fail to address, incidents of a sexually harassing nature. The Metropolis Fire Department will undertake all necessary corrective action on behalf of Metropolis Fire Department employees subjected to sexual harassment by contractors, service employees, and customers. Cor-

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rective action will be undertaken within the bounds of the departments legal relationship with these entities, but, in any event, all actions will be undertaken for the purpose of protecting the employee from sexual harassment.

Summary

The purpose of this class has been to present the most up-to-date information on sexual harassment. Having knowledge of recent litigation and workplace trends is the rst step in avoiding sexual harassment complaints. In addition, familiarity with this topic is an aid in managing sexual misconduct if it arises. Sexual harassment is unwanted sexual attention that creates a hostile and oensive environment and which may be implicitly or explicitly used to coerce an individual to perform unwelcome sexual acts in order to achieve a promotion, raise or job favor. We learned that: Sexual harassment is bothering someone in a sexual way. The harasser oers sexual attention to someone who didnt ask for it and doesnt welcome it. The unwelcome behavior might or might not involve touching. It could just as well be spoken words, graphics, gestures, or even looks (not any look but the kind of leer or stare that says, I want to undress you). A recipient may consent to sexual advances and yet still make the claim that the advances are unwelcome. This is possible in those situations in which the recipient is afraid to refuse the advances due to the fear of job repercussion from their manager/ supervisor/owner. Sexual harassment is dierent from the innocent mistake that is, when someone tells an o-color joke, not realizing the listener will be oended, or gives what is meant as a friendly squeeze of the arm to a coworker who doesnt like to be touched. Such behavior may represent insensitivity, and that may be a serious problem, but its usually not sexual harassment. In fact, the person who tells the joke that misres will usually recognize their faux pas and will then apologize and try not to do it again. That petitioners can win their case even if they consent (if the sexual advances were unwelcome) That sexual harassment is comprised of four things: 1. Frequency, 2. Severity,

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3. Threat/humiliation, and 4. Extent of pervasive eect upon the work environment. The victim does not have to say no to establish the presence of unwanted sexual attention. There are two legal theories of sexual harassment: 1. Quid pro quo and 2. Hostile environment. Quid pro quo indicates something being given in return for something else. Hostile environment sexual harassment occurs when oensive behavior is repeated and negatively aects the working environment. Bystander sexual harassment is a type of hostile environment in which a supervisor rewards only those employees who submit to sexual demands. Sexual harassment can manifest itself in the following ways: __Physical, __Verbal, Visual, __Written __Quid pro quo. The 1964 Civil Rights Act prohibits this kind of behavior if it is unwelcome and has a pervasive negative eect on the workplace environment. Shoulder massages Pinches Kissing Hugging Rubbing ones body against someone Leering Foul language Name calling Visual pornography, and
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Oensive behavior can include:

Filthy jokes. The alternatives for combating this type of behavior include telling the harasser to stop, reporting the oensive behavior to a supervisor, telling a human resources representative, and reporting the oensive behavior to corporate human resources. When making a complaint, be specic about the time, the place, what was said and done, and what your response was. The names of witnesses are also important information to relay. Developing an anti-harassment environment is vitally important because the eects of sexual harassment on the workforce are crippling. Unchecked sexual harassment creates lethargy and lower productivity. __Lack of eye contact __Stiness of their musculature __Physically pushing themselves away from physical contact __Abruptly cutting o conversations in mid-stream __Sighing and physical avoidance

Those who are oended show their displeasure via:

In todays workplace, sexual harassment is a pervasive and damaging phenomenon in that it denies workers the freedom of choice. Most women and men wish to choose whether, when, where, and with whom to have sexual relationships, as one important part of exercising control over their lives. Sexual harassment denies this choice in the process of denying the opportunity to work without being subjected to sexual demands.

The emotional consequences of harassment can include all the symptoms of depression. A major depressive episode is characterized by at least four of the following symptoms: __Poor appetite or weight loss, __Increased or decreased sleep, Loss of interest of pleasure or decreased sexual drive, __Feeling of worthlessness or guilt, __Decreased concentration, and __Thoughts of death. Harassment often goes unreported primarily because of a sense of powerlessness that employees experience and the acceptance of a certain level of inability to control their careers

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and professional destinies. Although laws establish punishment for sexual harassment, this is not enough. The law, as it was conceived, was to provide a shield of protection. Yet that shield is failing because many fear reporting harassment and others feel it would do no good. The result is that less than 5% of victims le claims of harassment. Enforcing the law alone wont terminate the problem. Equality of treatment in the workplace is the goal. Equality requires an expansion of attitudes toward workers. Sexual harassment denies equality and replaces it with the view that people (a higher percentage of women) are objects of ego or power gratication. Both women and men are angry. The cause of anger for women is because sexual harassment is another form of violence against them. Women have also believed that if the law allowed for them to be hired in the workplace, and if they worked hard for their education and on the job, equality would be achieved. This has not been the case. Some men are angry because they perceive that blame is being placed upon the whole gender rather than on those few men who are responsible for sexually harassing their female subordinates and coworkers. In fact, there is a growing number of men who seek equality between men and women in the workplace. It is this equality and mutual respect that will ultimately end harassment and discrimination. The goal of every good employee is to encourage the mutual respect of all workers regardless of gender, race, nationality, or ethnic origin.

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Posttest Posttest

Posttest
1. What is the denition of sexual harassment? Sexual harassment is unwanted sexual attention at work. Sexual harassment is unwelcome sexual advances committed on the part of a supervisor. C. Sexual harassment is any unwanted act or behavior with sexual undertones that has a negative impact on the recipients work performance. 2. What are the four factors (from the four-factor analysis i.e., Harris v. Forklift Systems, Inc) applied to sexual harassment cases? A. Frequency, unwelcome, severity, negative impact B. Severity, humiliating, unwelcome, negative impact C. Frequency, severity, threat/humiliating, unreasonably interferes with recipients work environment 3. Circle the statement that is true. Sexual harassment is a civil oense. Sexual harassment is a criminal violation of the 1964 Civil Rights Act. C. Sexual harassment must involve physical touching. 4. In quid pro quo sexual harassment: A. B. C. There is an explicit/implicit bargain that job favors will be given in return for sex. The supervisor must be explicit in the oer of job favors in return for sex. The recipient must refuse the oer in order to establish that the oer was unwanted. A. B. A. B.

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5. Which are the ve ways that sexual harassment can be manifest- ed? A. Verbal, physical, visual, written, quid pro quo B. Verbal, eye contact, jokes, asking someone for a date, cursing C. Posters, jokes, dirty language, exposing oneself, touching 6. T F In order to meet the legal criterion of unwelcome sexual behavior, the victim must inform the harasser that his or her behavior is unwanted. 7. T F The victim does not have to be of the opposite sex. 8. T F The victim must be the person harassed, not simply an innocent bystander. 9. T F Sexual harassment must persist over a long period of time to be considered actionable. 10. T F A consensual sexual relationship between two people cannot be deemed sexual harassment. 11. T F If the supervisor demands sexual favors from a subordinate and threatens the subordinates job, the employer is held responsible. 12. T F Organizations must have knowledge of improper sexual conduct before it can be held liable. 13. T F If an employee complains of sexual harassment, but requests that no investigation be conducted nor any action taken against the harasser, his or her wishes should be respected. 14. T F The best course of action is to ignore the harasser. 15. T F Two forms of sexual harassment are recognized by the law: quid pro quo and hostile environment cases. 16. As a defense to liability or damages in hostile environment sexual harassment charges, the employer must prove: That it exercised reasonable care to prevent and promptly correct any sexually harassing behavior B. That the plainti employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer to otherwise avoid harm. C. Both of the above 17. What are the most important elements of the investigation? A. B. C. Condentiality, due process, accurate recording of facts, neutrality/objectivity of the investigators Making sure the complainant is comfortable Making sure the harasser is disciplined A.

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18. The most eective progressive manner for the victim to handle oensive sexual conduct is to: A. Tell the harasser to stop and le suit. B. Tell the harasser to stop and le a formal complaint with the EEOC. C. Tell the harasser to stop and utilize the company complaint procedure. 19. T F Companies should publish their policy on sexual harassment. 20. T F Retaliation for ling sexual harassment complaints is illegal.

Answers: Posttest
1. What is the denition of sexual harassment? Answer: C Sexual harassment is unwanted sexual attention at work. More specically, it is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individuals employment, submission to or rejection of such conduct is used as the basis for employment decisions, or such conduct has the purpose of unreasonably interfering with a persons work performance or creates a hostile or oensive working environment. 2. What are the four factors (from the four-factor analysis i.e., Harris v. Forklift, Inc) applied to sexual harassment cases? Answer C. Frequency, severity, threat/humiliating, unreasonably interferes with recipients work environment 3. Circle the statement that is true. Answer: B. Sexual harassment is a criminal violation of the 1964 Civil Rights Act. 4. In quid pro quo sexual harassment: Answer: A. There is an explicit/implicit bargain that job favors will be given in return for sex. In quid pro quo harassment, there is an explicit or implicit bargain that job favors will be given in return for sex. In hostile environment sexual harassment, unwanted sexual advances are repeated and have a negative eect on the work environment or workers performance. 5. Which are the ve ways that sexual harassment can be manifested? Answer: A. Verbal, physical, visual, written, quid pro quo
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6. T F In order to meet the legal criterion of unwelcome sexual behavior, the victim must inform the harasser that the behavior is unwanted. Answer: False If we consider the relationship between a supervisor and a subordinate, the dierence between levels of power between the two individuals may sometimes make it dicult, if not impossible, for a subordinate to say no without repercussion. While it is preferable for the recipient to communicate his or her discomfort about another persons conduct, it is not a legal requirement. This is particularly true if the oensive conduct of a supervisor alters the conditions of employment by creating a coercive or retaliatory environment. In fact, where there is a proven coercive environment, an employee can consent to sexual requests and still have a good case for sexual harassment. The Supreme Court has made a distinction between consensual and welcome on the part of the recipient. 7. T F The victim does not have to be of the opposite sex. Answer: True In Oncale v. Sundowner Oshore Services, The Supreme Court held that a hostile environment can exist between members of the same sex just as it can between members of the opposite sex. This ruling was signicant because it expanded the scope of Title VII (which had been primarily focused on opposite sex relationships). 8. T F The victim must be the person harassed, not simply an innocent bystander. Answer: False. The victim can be anyone who is aected by the oensive conduct. The more likely example is one in which person A (a supervisor) is having a sexual relationship with person B (a subordinate). Person C (a subordinate) is not getting promotions because he or she is not in a sexual relationship with person A. This creates discrimination as well as the potential for coercion due to the implication that C must have sex with A in order to advance. 9. T F Sexual harassment must persist over a long period of time to be considered actionable. Answer: False. A single incident can be considered sexual harassment. Quid pro quo harassment can occur in only one incident as can hostile environment sexual harassment if the single incident is severe enough. 10. T F A consensual sexual relationship between two people cannot be deemed sexual harassment. Answer: False

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The Supreme Court decision in Meritor Bank v. Vinson ruled that consent and welcome are dierent and that an employee can consent to sex and yet not welcome the sexual advances. 11. T F If the supervisor demands sexual favors from a subordinate and threatens the subordinates job, the employer is held responsible. Answer: True If a quid pro quo case is proven, the employer has no defense to liability. It will not matter that training has been provided or a sexual harassment policy exists. Supervisors are considered agents of the company and are held to a higher standard than nonsupervisory employees. 12. T F Organizations must have knowledge of improper sexual conduct before it can be held liable. Answer: False In Burlington v Ellerth, The Supreme Court ruled that an employer is strictly liable for a hostile environment created by a supervisor with immediate (or higher) authority over the employee. 13. T F If an employee complains of sexual harassment, but requests that no investigation be conducted nor any action taken against the harasser, his or her wishes should be respected. Answer: False Upon learning that harassment is taking place, companies are liable to conduct a prompt and thorough investigation in an attempt to halt the occurrence of any further harassing conduct. In the case of Burlington Industries v. Ellerth, The Supreme Court decided: ...An employer is liable for a hostile environment created by a supervisor with immediate (or higher) authority over the employee. If, as in this case, no tangible adverse employment action is taken by the supervisor, the employer may raise an armative defense to liability or damages by proving: (1) that the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior; and (2) the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to otherwise avoid harm. ..This armative defense is not available when the supervisors harassment culminates in a tangible adverse employment action such as a discharge, demotion, or undesirable reassignment. The employer in those circumstances is strictly liable.

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14. T F The best course of action is to ignore the harasser. Answer: False Many sexual harassers repeat their behavior and do not stop just because they are ignored. In fact, sometimes they interpret ignoring as a tacit stimulus to continue. 15. T F Two forms of sexual harassment are recognized by the law: quid pro quo and hostile environment cases. Answer: True Quid pro quo sexual harassment is also called sex for jobs and involves coercion on the part of the manager or supervisor. Hostile environment sexual harassment is manifested in verbal, written, physical and visual forms and is dened as unwanted sexual attention that negatively aects the individuals work environment. 16. As a defense to liability or damages in sexual harassment charges, the employer must prove: Answer: C. Both of the above. 17. What are the most important elements of the investigation? Answer: A. Condentiality, due process, accurate recording of facts, neutrality/objectivity of the investigators 18. The most eective progressive manner for the victim to handle oensive sexual conduct is to: Answer: C. Tell the harasser to stop and utilize the company complaint procedure. 19. Companies should publish its policy on sexual harassment. Answer: True As simple as it sounds, this is one of the most eective ways to stop harassment. It is also an eective way to limit liability and damages because the company has proof that it has been proactive in informing employees of company policies and guidelines pertaining to sexual conduct. 20. Retaliation for ling sexual harassment complaints is illegal. Answer: True Employers are prohibited from discharging or discriminating against any employee or applicant for employment because he or she had made a complaint, assisted with an investigation, or instituted proceedings.

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About the Harbeck Company

The HarBeck Company is an international human resource training and consulting rm that is committed to providing employees with interpersonal and leadership skills as well as the self-awareness necessary to compete in todays workplace. Through the use of drama, The HarBeck Company emphasizes role training and skills acquisition and places importance on having fun in the learning process. Members of the HarBeck sta have presented seminars and workshops around the world in places such as China, Poland, Mexico, Hong Kong, and Taiwan.

About Dr. Riley Harvill

Dr. Riley Harvill, cofounder of The HarBeck Company and The Leadership Institute For Fire Executives (LIFE), is a leading expert in international training and development with twenty-one years of experience working with re departments and Fortune 500 companies in the areas of sexual harassment, diversity, workplace violence, assessment, team-building, leadership, and communications. He has presented over 2,000 seminars and workshops worldwide. He was an associate professor of counselor education at the University of North Texas for 14 years as Director of Clinical Studies and received post-doctoral training in hypnotherapy, Playback Theater, and Psychodrama. In 1989-1990 he served on the faculty of the University of Hong Kong and taught intercultural cooperation and mediation along with courses in counseling psychology. Dr. Harvill has written and published four books including three with Fire Protection Publications (FPP) of Oklahoma State University. Dr. Harvill may be reached at 214-363-6780 [email protected] www.harbeck.com

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Adavit of Completion
I _______________________________, do hereby give notice to my organization that I have completed the course on sexual harassment contained within this workbook and understand the contents. I have read all materials and verify that I understand the denition of sexual harassment and can apply the denition to specic workplace incidents, including my own interactions with coworkers and/or subordinates. I acknowledge an understanding of our organizations sexual harassment policy and that the company does not tolerate sexual misconduct and that discipline for misconduct may include the termination of my employment. Signature: ___________________________ Date: ____/____/____

Please Print:

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