SEXUAL HARASSMENT IN THE WORKPLACE Copyright CreditAbility Publishing Inc 1997 TABLE OF CONTENTS PREFACE Introduction: Goals and Objectives of Manual DEFINITION: WHAT IS SEXUAL HARASSMENT? Sexual Harassment: Types Verbal Physical Gestures or other Non-verbals Sex Discrimination: Types Sexual Pollution Consenting Relationships PREVENTION: WHAT IS YOUR ROLE AND RESPONSIBILITY? Employers' Role Responsibilities Employees' Role Responsibilities Checklist and Guidelines for Supervisors Sexual Harassment Questionnaire RESOLUTION: What Actions to Take? A problem compounded by Perception Grievance Resolution Checklist GLOSSARY QUICK REFERENCE HANDOUTS HANDOUT #1: WHAT CONSTITUTES SEXUAL HARASSMENT? HANDOUT #2: CHECKLIST FOR SEXUAL HARASSMENT COMPLAINANTS HANDOUT #3 CHECKLIST FOR ACCUSED SEXUAL HARASSERS GOALS AND OBJECTIVES OF THE SEXUAL HARASSMENT MANUAL This Manual is designed to inform, educate, and aid the entire Corporate community in understanding the following: 1) What constitutes sexual harassment; 2) Why sexual harassment is unacceptable, inappropriate, and prohibited behavior; 3) How to prevent sexual harassment; 4) What actions should be taken if sexual harassment occurs, and; 5) How to prevent or minimize personal legal liability in the event of a sexual harassment lawsuit. The contents of this Manual are based on the opinions of the Supreme Court, Federal and Provincial entities, that sexual harassment is a form of discrimination and will not be tolerated. The Manual also includes a Sexual Harassment Preventive Checklist to use as a guideline for implementing an effective, on-going sexual harassment program within each department. In addition, the Manual contains a Questionnaire Survey on Sexual Harassment, and a series of Quick Reference Handouts. DEFINITION: WHAT IS SEXUAL HARASSMENT? Sexual harassment is a complex and controversial problem in the workplace. Sexual harassment maybe overt or subtle. The acts constituting it may range from visual signals or gestures to verbal abuse to physical contact. The definition of sexual harassment may differ slightly among companies. The types of behavior constituting sexual harassment may vary in degree of severity. Its definition always has one key element -- the behavior is uninvited, unwanted, and unwelcome.. Listed on the following pages are several examples of definitions for sexual harassment. 1) Sexual harassment is offensive sexual behavior by persons in authority towards those who can be benefited or injured in an official capacity. Therefore, it is primarily an issue of abuse of power, not sex. 2) Sexual harassment is a breach of a trusting relationship that should be a sex-neutral and relaxed situation. It is unprofessional conduct and\ undermines the integrity of the employment relationship. 3) Sexual harassment is coercive behavior, whether implied or actual. It is unwanted attention and intimacy in a non-reciprocal relationship. 4) Sexual harassment is an illegal form of sex discrimination. 5) Sexual harassment is a violation of professional ethics. 6) The Company defines sexual harassment as: (1) "unwanted sexual advances; (2) unwelcome requests for sexual favors; and (3) other behavior of a sexual nature where: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or of creating an intimidating, hostile, or working environment. SEXUAL HARASSMENT: TYPES AND EXAMPLES Sexual harassment ranges from visual signals, gestures, or messages to verbal abuse and/or physical contact. Sexual harassment may be either subtle or blatant demands for sexual favors. All acts that constitute sexual harassment, however, can be distinguished from voluntary sexual relationships by the presence of coercion, threats, or continuous unwanted attention. Sexual harassment includes, but is not limited to, menacing behavior, sexual extortion, solicitation of sexual favors, and unwanted sexual interactions with employees, or persons with whom a close supervisory relationship exists. The "reasonable person" standard determines whether a particular behavior constitutes sexual harassment prohibited by the Company policy. The following pages of this section give examples of verbal and non-verbal behaviors of a sexual nature that may violate the Company policy on sexual harassment. VERBAL BEHAVIOR Listed below are examples of unacceptable verbal behaviors that may be in violation of the Company policy on sexual harassment. The behaviors listed below do not necessarily have to be specifically directed at an individual to constitute sexual harassment. Verbal Behavior * continuous idle chatter of a sexual nature and graphic sexual descriptions; * sexual slurs, sexual innuendoes, and other comments about a person's clothing, body, and/or sexual activities; * offensive and persistent "risqu‚" jokes or "jesting" and "kidding" about sex or gender-specific traits; * sexual teasing; * suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; * sexually provocative compliments about a person's clothes or the way their clothes fit; * comments of a sexual nature about weight, body shape, size, or figure; * comments or questions about the sensuality of a person, or his/her spouse or significant other; * pseudo-medical advice such as "you might be feeling bad because you didn't get enough" or "A little Tender Loving Care (TLC) will cure your ailments"; * telephone calls of a sexual nature, by an employee, to an employee's residence. It could be sexual harassment whether or not the calls pertain to business matters. * "staged whispers" or mimicking of a sexual nature about the way a person walks, talks, sits, etc., * implied or overt threats if sexual attention is not given such as a blatant threat of giving a poor efficiency report or work evaluation, if sexual favors are not forthcoming; * distribution of written or graphic materials that are derogatory and of a sexual nature; * repeated unsolicited propositions for dates and/or sexual intercourse. PHYSICAL BEHAVIOR Unwanted physical contact can range from offensive conduct to criminal behavior. One employee may feel that the physical contact is sexual harassment, while another may dismiss it as an annoyance. The examples of behaviors listed below involve actual physical contact with the recipient. (Some of these behaviors are explicitly sexual in nature; some may be accidental.) In any event, this unwanted physical contact should cease immediately when requested by the receiver or one seeking to mediate a resolution. Any actual, or perceived, criminal conduct should be reported to the Police. * touching that is inappropriate in the workplace such as: patting, pinching, stroking, or brushing up against the body; * cornering or mauling; * invading another's "personal space"; * attempted or actual kissing or fondling; * physical assaults; * coerced sexual intercourse; * attempted rape or rape. GESTURES AND OTHER NON-VERBAL BEHAVIOR Gestures are movements of the body, head, arms, hands and fingers, face and eyes that are expressive of an idea, opinion, or emotion. Non-verbal behaviors are actions intended for an effect or as a demonstration. Gestures and non-verbal behaviors generally do not involve physical contact. Some gestures are intended only to get the attention of the recipient, while others are intended to provoke a reaction from the receiver. Listed below are examples of unacceptable gestures and non-verbal behaviors that may be in violation of Company policy on sexual harassment: * sexual looks such as leering and ogling with suggestive overtones; * licking lips or teeth; * holding or eating food provocatively; * lewd gestures, such as hand or sign language to denote sexual activity; * persistent and unwelcome flirting. SEXUAL HARASSMENT: A FORM OF SEX DISCRIMINATION Sexual harassment is a form of sex discrimination. Presented below are some frequently asked questions and answers about sex discrimination, especially as it relates to sexual harassment. 1) What is Sex Discrimination? Sex discrimination can be defined as an act of preferential treatment and failure to provide equal opportunity to both genders. Sex discrimination includes a broad range of behaviors, including sexual harassment. 2) Types of Sex Discrimination An individual may engage in sex discrimination when: a) S/He sexually harasses an individual; b) S/He gives rewards, punishments, assignments, promotions, merit increases, etc., on the basis of the recipient's sex and not the person's performance and merit; c) S/He engages in gender-biased communications about women or men; d) S/He treats others unequally on the basis of gender in work-related programs; e) S/He does not provide female employees with the same employment opportunities as male employees or vice versa; f) S/He engages in sexist language, risqu‚ jokes, or gestures with sexual overtones, in the workplace environment without a defensible work purpose; SEXUAL POLLUTION: THE POTENTIAL FOR SEXUAL HARASSMENT There are some acts perceived by the recipient to have a "sexual nature" that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace pollute the working environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper if not job related. Examples of sexual pollution are: * continuous "pet" name calling, such as "baby," "sweetie, "or " honey"; * referring to an individual as a "hunk," "fox," or "broad"; * referring to men in general as "dogs," "swine," or to women as "bitches," "wenches, " or "chicks"; * remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the office (unless job related); * sexually oriented practices or behaviors that: (1) an employee finds objectionable or offensive, (2) undermine an employee's job performance or, (3) cause discomfort, embarrassment, and humiliation on the job; * explicit graphic displays, cartoons of naked bodies or pictures of simulated sexual acts (unless job related); * continuous gift giving with the intention of getting sexual favors in return. Supervisors are expected to discourage these offensive behaviors. Employers and employees are expected to observe professional conduct at all times. *** A Single Act of Sexual Pollution By Itself May Not Constitute Sexual Harassment. However, Continuous Acts With The Appearance Of a Sexual Nature May Violate The Company Policy on Sexual Harassment. The "REASONABLE PERSON" Standard Will Be Used To Determine Whether a Particular Behavior Constitutes Sexual Harassment Prohibited By The CompanyPolicy. Violators Of The Company Policy On Sexual Harassment Are Subject To Disciplinary Action And/Or Criminal And Civil Liability. CONSENTING RELATIONSHIPS DISTINGUISHED FROM SEXUAL HARASSMENT Federal and Provincial laws prohibiting sexual harassment, and the Company Sexual Harassment Policy all address the issue of unwelcome sexual conduct and must be clearly distinguished from purely personal, social, and consenting relationships. The intent of the Company Sexual Harassment Policy is to prevent sexual harassment and not to prohibit personal and social relationships among supervisors and co-workers. However, consenting, or those which appear consenting, sexual relationships between supervisory and subordinate personnel, and any other relationship with a definite power differential is of concern to the Company. All should be informed of the substantial risks in an "apparently" consenting relationship where a power differential exists. Charges of sexual harassment, favoritism, bias or sex discrimination may be raised, even if both parties had initially consented to the relationship. PREVENTION: WHAT IS YOUR ROLE AND RESPONSIBILITY EMPLOYER'S AND SUPERVISOR'S ROLE IN THE PREVENTION OF SEXUAL HARASSMENT The most effective weapon against sexual harassment is prevention. Preventive actions generally minimize the volume of sexual harassment complaints and are much less time consuming than grievance actions. Therefore, supervisors and managers should: 1) BE RESPONSIBLE FOR COMMUNICATING THE COMPANY SEXUAL HARASSMENT POLICY TO ALL THEIR EMPLOYEES. Every employee, should receive a copy of the Policy. The Policy can be disseminated through the following methods: included in department or unit policy manual; posted on bulletin boards; disseminated through office memorandum; or discussion in workshops, training sessions, and staff meetings. The damaging effects of sexual harassment not only affect the recipient and his/her co-workers negatively, but decrease office morale and work productivity. Harassment inhibits participation, motivation, and the learning potential of persons who are subjected to it. Sexual harassment in the workplace creates tension, turmoil, and legal complications. It is important for supervisory employers to make all of their employees aware of and sensitive to the problems of sexual harassment. Supervisors should indicate to all employees the serious effects of sexual harassment. It jeopardizes an employee's income and career prospects, and his/her future career prospects. Employers should create an atmosphere of comfort for recipients of sexual harassment to request assistance in the resolution of complaints. 2) BE RESPONSIBLE FOR PROVIDING TRAINING IN THE PREVENTION OF SEXUAL HARASSMENT IN THE WORKPLACE The negative, significant, and far-reaching effect of sexual harassment requires all of us to conduct prevention awareness and education programs for managers, supervisors, and non-supervisory employees. The training formats most highly recommended are workshops, lectures, and seminars. Training components include visual presentations (films, slides, or video-tapes), hypothetical case studies, role playing, and question and answer sessions. Sexual harassment issues and training programs should be incorporated into new employee orientation training programs, staff development programs, staff retreats, and training programs. SUPERVISOR'S RESPONSIBILITIES Supervisors must assume an active role in the prevention of sexual harassment. This can occur by making a commitment to: 1. UNDERSTAND. * Obtain and become familiar with the Company Policy and Procedure on Sexual Harassment; * Obtain a copy of the Company Sexual Harassment Brochure for employee use; * Know the three main components of the EEOC Guidelines on sexual harassment. (See EEOC Guidelines in the Glossary); * Examine your feelings, attitudes, opinions about sexual harassment; * See that your behavior corresponds with the expectations and behavioral requirements of the Company Sexual Harassment Policy. 2. OBSERVE. * Be aware and conscious of potential sexual harassment behaviors or incidents at work; * Pay close attention to the way your employees interact; * Be sensitive to individuals who may be offended by the verbal and non-verbal behaviors of others; * Watch for subtle forms of sexual harassment. 3. MODEL. * Exhibit the type of behavior you expect of your employees. 4. RESOLVE. * Inform your employees that you will take immediate and appropriate actions if an incident of sexual harassment is brought to your attention; * Emphasize to your employees that you have an open-door policy and that anyone who has been harassed or thinks harassment is occurring, can seek your confidential advice. 5. TRAIN. * Conduct sexual harassment awareness and prevention training programs; * Discuss the issues of sexual harassment in staff meetings; * Post the Company Sexual Harassment Policy and Procedures in a conspicuous place; * Initiate formal and informal discussions about sexual harassment. THE ROLE OF EMPLOYEES, IN REDUCING AND PREVENTING SEXUAL HARASSMENT In order for the Company Sexual Harassment Prevention Program to work effectively, all members of the working community must exercise their rights and responsibilities to maintain a work environment free from sexual harassment. Therefore, all Company personnel must: 1) combat sexual harassment when it occurs; 2) respond effectively and swiftly when it does occur; and 3) participate in sexual harassment awareness and prevention training programs designed to prevent incidents of sexual harassment from occurring. RESPONSIBILITY OF EMPLOYEES Employees must also assume an active role in the prevention of sexual harassment. This will occur when there is a commitment to: 1. UNDERSTAND * Obtain a copy, and become familiar with the Company Policy and Procedures on Sexual Harassment; * Obtain a copy of the Company Sexual Harassment Brochure; * Be familiar with the three main components of the EEOC Guidelines on sexual harassment. (See EEOC Guidelines in the Glossary); * Examine one's feelings, attitudes, and behaviors in relation to sexual harassment; * See that behavior corresponds with the expectations and behavioral requirements of the Company Sexual Harassment Policy. 2. OBSERVE. * Be aware and conscious of engaging in potential sexual-harassment behaviors or incidents at work; * Be sensitive to individuals who may be offended by the verbal and nonverbal behaviors of others. * Be aware of subtle forms of sexual harassment; * Watch for and discourage sexual behaviors that negatively affect work participation. 3. EXAMINE. * Pay attention to the response of others in order to avoid unintentional offense; * Do not assume that employees or co-workers, enjoy or want to hear "risque" jokes or sexually oriented comments about their appearance, or be touched, stared at, flirted with, or propositioned for dates or sexual favors; * Ask yourself if your verbal or nonverbal behaviors might have a negative impact on other co-workers' attitudes toward work. * Examine your behaviors, gestures, and comments. Ask yourself, "Could I unknowingly be encouraging sexual interplay by the way I interact or communicate?" * Do not take sexual harassment lightly. If you think you are being sexually harassed by an individual or a group, do not accept it as a joke. Do not encourage the harasser by smiling, laughing at his/her jokes, or flirting back. Let the harasser know that you do not enjoy and do not want this type of attention. 4. CONFRONT. * If possible, confront the sexual harasser immediately. Tell him/her that you find that type of attention offensive; * If possible, tell the harasser that the behavior affects you negatively and has the potential of negatively affecting your job; * If possible, tell the harasser what behaviors (gestures, physical or verbal) behaviors you find offensive. 5. RESOLVE. * Seek confidential advice to develop your personal resolution strategy; * If the offensive behavior continues, it may be necessary to resolve the incident through Grievance Procedures; * Consider writing a letter to the harasser and keep a copy for yourself; * If you receive a letter accusing you of sexual harassment, immediately consult the President's Staff; * Document all incidents of sexual harassment. Be detailed, precise about date, time, location, and person/persons involved. 6. SUPPORT. * If you know someone who is harassing others, tell him or her: 1) about the negative effects of harassment on the recipient and to others who witness and are subjected to the behavior; 2)that this behavior is offensive and unacceptable; 3) that the conduct is unprofessional and unethical; and 4) that the behavior could be a violation of the Company Sexual Harassment Policy, federal law, and the civil and criminal laws of Canada. * If you know someone who is being harassed, give him or her your support. Encourage the recipient to talk about it and to take immediate action to stop it. * If you actually see or hear an incident of sexual harassment or are subjected to an offensive environment, you can also take the appropriate steps to resolve the harassment or co-file with the complainant. * When a recipient files a complaint, if possible, support him or her throughout the complaint process. SEXUAL HARASSMENT PREVENTIVE CHECKLIST AND GUIDELINES FOR MANAGERS AND SUPERVISORS The most effective way to avoid sexual harassment complaints is to develop and maintain an effective prevention program. Guidelines to develop and implement such a program are as follows: (Check the methods that you have taken) _____ Serve as a role model for the employees you supervise by creating a workplace atmosphere free of sexual harassment. _____ Distribute and explain the new Company Sexual Harassment Policy to all assistant and mid-level managers and supervisors. _____ Prepare and distribute an office memorandum supporting the Sexual Harassment Policy to all employees. _____ Publish office memorandum in support of the Policy in Company bulletins or newsletters. _____ Develop and implement training programs to educate supervisory and non-supervisory staff on issues regarding sexual harassment definitions, rights, responsibilities, prevention strategies, and formal and informal resolution procedures. _____ Effectively communicate the liabilities and consequences of violations of the Company Sexual Harassment Policy. _____ Determine whether there is a sexual harassment problem in your department. You may want to distribute the Sexual Harassment Questionnaire (following this page) to your employees. Discuss its results in a staff meeting. SEXUAL HARASSMENT QUESTIONNAIRE: (The use of this Questionnaire is optional) 1. Please do not write any names on this form. 2. Continue on the back of this form if additional space is needed to answer a question. A. Definition of Sexual Harassment 1. Sexual harassment in the workplace may include, but is not limited to, the following: a. Sexual relations, sexual contact, or the threat of, or coercion for the purpose of sexual relations or sexual contact, which is not freely and mutually agreeable to both parties (i.e.,unwanted sexual attention); b. Continual or repeated verbal abuse of a sexual nature including, but not limited to, graphic commentaries about the recipient's body, sexually suggestive objects or pictures in the workplace without a job related purpose, sexually degrading words or terms used to describe the recipient or members of the recipient's gender, or propositions of a sexual nature; c. The threat or insinuation that lack of sexual submission will adversely affect the recipient's employment, wages, advancement, assigned duties, or professional career prospects; or d. Gestures and nonverbal behaviors intended to get the attention of or some reaction or response from the recipient by making movements of the body, head, arms, hands and fingers, or face and eyes to express a sexual intent or emotion. Gestures and nonverbal behaviors generally do not involve physical contact and may not involve reciprocation by the receiver. B. Questions {Answer Y or N...} 1. Have you been subjected to sexual harassment while working for this unit? (If "No," skip to Question #9.) Y N 2. If so, what did you encounter? (Check as appropriate). Physical contact you did not want. Y N Cornering or invading your "personal space." Y N Continued or repeated idle chatter of a sexual nature and graphic comments about sex. Y N Offensive and persistent "risque" jokes or sexual teasing. Y N Comments made or questions asked about the sensuality of your spouse, friend or your own sexual orientation. Y N Pseudo-medical advice given to you such as "You must be feeling bad because you didn't get enough (sex)" or "A Little Tender Loving Care (TLC) will cure your ailments." Y N Provocative looks such as leering or ogling. Y N Lewd gestures (holding or eating fruit provocatively) or suggestive noises or sounds (wolf calls, kissing sounds, or lip smacking). Y N Annoying or degrading comments about your body, weight, or size. Y N Annoying or degrading remarks about sex. Y N Pressure to engage in sexual activity, but without job-related threats. Y N Threats or suggestions that your job, working conditions, etc., depend on your submission to sexual demands. Y N If you have experienced sexual harassment on the job in a form that was not listed, please use the space below to explain. (Continue on the back if necessary). _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 3. Who harassed you? (Do not write names) Co-worker _____ Supervisor _____ Client _____ Other: (Specify) _____ 4. What action did you take to end the harassment? (If you did not take any actions to end the harassment, skip to Question #6) No Action _____ Filed a formal complaint/grievance _____ Filed an informal complaint/grievance _____ Resolved the problem on your own _____ Resolved the problem within the Unit _____ Other measures: (Specify) _____ 5. Did the harassment stop when you initiated action to end it? What was the outcome? Y N (Continue on back if necessary) ____________________________________________________________ ____________________________________________________________ 6. If you did not take any action to end the harassment, please indicate why? ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 7. Would you have filed a complainant if you had been aware of a procedure for you to do so? Y N 8. Were you penalized in any way for objecting or complaining? If so, how? Y N _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 9. Do you know of anyone who works in this unit who has been harassed and was afraid to object or complain? Y N 10. Do you think that sexual harassment is a problem in this unit? What suggestions do you have for creating a sexual harassment-free work place? Y N ____________________________________________________________ ____________________________________________________________ 11. Has harassment, or your fear of it, distracted you from your work or reduced your efficiency? Y N How? (Specify and continue on back if necessary.) _____________________________________________________________ _____________________________________________________________ 12. (Optional) Are you male or female? M F 13. Please make any additional comments on any aspect of this subject. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ CRUCIAL ISSUES TO ADDRESS IN SEXUAL HARASSMENT WORKSHOPS, STAFF MEETINGS, AND DISCUSSION The issues below are listed to provide unit heads and staff guidance in developing effective sexual harassment prevention programs. These issues include, but are not limited to, the following: 1. What is sexual harassment? * Sexual harassment is an unwanted sexual advance or an unwelcome request for sexual favors, and other coercive behavior of a sexual nature. 2. What behaviors may constitute sexual harassment? * Lewd remarks, whistles, or personal references to someone's anatomy; * Unwanted physical contact (patting, pinching, brushing against a person's body); * Subtle or overt pressure for sexual favors; * Gestures and nonverbal behavior with sexual overtones 3. Where does sexual harassment occur and to whom? * Sexual harassment has no boundaries. Sexual harassment can occur in any workplace environment. Any worker, patron or client regardless of race, gender, age, and/or economical or educational status could be sexually harassed. Sexual harassment occurs between individuals of the same sex as well as individuals of the opposite sex. Men are victims of sexual harassment and their harassers may be male and/or female. 4. Who should attend sexual harassment prevention programs? * Sexual harassment prevention programs are for everyone. Education and awareness are the best tools for eliminating sexual harassment in the work environment. All administrators, staff, and organizations should be encouraged to participate. 5. What actions or remedies should be taken by the complainant if sexual harassment occurs? * Individuals who feel harassed should tell the harasser to stop, keep records of the incidents, and seek the advice of their supervisor or staff of the President's Office. Sexual harassment complainants may file an informal or formal complaint. *** Before An Informal Resolution Procedure Or Formal Grievance Procedure Is Initiated, The Complainant Must File a Complaint. The Company Is Committed To Upholding And Protecting The Rights Of The Complainant, And Of The Accused. The Complainant, However, May Obtain Advice Without Disclosing The Name Of The Accused. 6. What are the effects of sexual harassment on the complainant? The effects of sexual harassment are: loss of self-confidence, self-esteem, physical symptoms of stress, diminished word productivity, and low morale. 7. What are the myths associated with sexual harassment? The myths are: * The complainant wanted the attention or enjoyed it; * The complainant's physical appearance or clothing enticed the harasser; * The complainant probably falsified the incident report of sexual harassment; * The complainants and the accused sexual harassers can be easily identified or stereotyped; * All men are harassers; * Women are the only victims or sexual harassment and women do not sexually harass. (Approximately 10% of reported cases are filed against women and 90% against men); * Sexual harassment is only teasing and an innocent flirtation sport; * If the complainant had only said "No," the harassment would have stopped. 8. The facts of sexual harassment * Sexual harassment is humiliating and degrading; * It undermines an employee's performance; * It may threaten the complainant's career or economic livelihood; * It causes emotional and/or physical problems; * Sexual harassment at work is not a new or rare event. Fear of ridicule has kept many personsfrom reporting it. * Most charges of sexual harassment are true. A complainant would have little to gain from making false changes. Furthermore, employees who have been determined to have falsely accused others of sexual harassment will be disciplined. * Individuals who sexually harass others may not immediately stop the harassment if the complainant says "NO." A "NO" may be perceived by the harasser to be a "YES" or a "MAYBE." * A woman as well as a man may be the harasser. (Anyone could find him/herself in the position of the accused or complainant); RESOLUTIONS: WHAT ACTIONS TO TAKE? SEXUAL HARASSMENT: A PROBLEM COMPOUNDED BY PERCEPTION Employers who have taken all the necessary steps to prevent sexual harassment from occurring in the workplace may still have a problem in combating sexual harassment. An individual's perception of what sexual harassment is or is not adds to the complexity of the sexual harassment problem. Well-intended gestures, such as, a pat on the shoulder, touching, "lewd" remarks, jesting comments of a sexual nature, or physical contact may be interpreted asacts of sexual harassment by one recipient, while another may dismiss them as annoying. Likewise, some individuals may perceive leering or ogling as sexual harassment. Others may perceive the same behaviors as merely looking or staring. In any event, any type of unwanted physical or verbal contact can be offensive to an individual. Often persons accused of sexual harassment may not realize that they have committed acts of harassment. Accused harassers may not have intended to commit an act of sexual harassment and may believe that their conduct is appropriate, acceptable, and appreciated. Employers, therefore, are responsible for educating their employees about the behaviors thatconstitute sexual harassment or could be easily misinterpreted as sexual harassment. In determining whether an act constitutes sexual harassment prohibited by the Company Policy, the "Reasonable Person" standard will be used. (Refer to the definition of "Reasonable Person" in the Glossary.) SEXUAL HARASSMENT: GRIEVANCE RESOLUTION CHECKLIST FOR MANAGERS AND SUPERVISORS Supervisors and managers are responsible for: * Being familiar with the new Company Sexual Harassment Policy and Procedures. * Knowing the administrative channels available to process a complaint of sexual harassment. * Providing the complainant and accused employee the opportunity to discuss the incident informally and confidentially. Supervisors and managers who receive complaints or inquiries about sexual harassment MUST notify the President's Office immediately and do the following: 1) Listen carefully to the complainant. Take all complaints seriously and offer the complainant emotional support and guidance, without any conclusionary comments on the validity or merits of the complaint. Ask the complainant to describe in non-evaluative terms (facts only) a specific incident or incidents of sexual harassment. Listen carefully to the complainant. Complainants of sexual harassment often feel "powerless," worry about retaliation, and are afraid of being branded or labeled a "trouble maker" or "whistle blower." Complainants also may feel that they will not be believed or will be blamed by others for the incident. Therefore, it is very important to offer genuine support and timely assistance. 2) Advise The Complainant Of The Following: A. To consider telling the harasser to stop. Inquire if the complainant has told the harasser to stop. The complainant may not have told the harasser to stop for a variety of reasons. Ask the complainant if s/he feels comfortable asking the harasser to stop, or would prefer third-party intervention from you. The complainant may choose to accept the self-help approach. If so, advise him/her to approach the harasser and say "I want (whatever the sexually harassing behavior is) to stop immediately" in a firm and assertive manner. This approach gives the complainant an active role in the resolution process and a sense of "empowerment." Telling the harasser to stop will often deter the harasser from subsequent and more progressive acts of sexual harassment. B. To consider writing a letter. The complainant may not want to directly confront the harasser and request an end to the harassing behavior. Instead, the complainant could write the harasser a letter and request an end to the behavior. The letter could also reinforce any verbal request(s). The letter and the contents of the letter should be kept CONFIDENTIAL. The letter should contain the following: 2)B. I. a description of the incident and the type of behavior without any evaluation. It should contain details about location, date, and time of the incident. This part should be low-key and should address only the facts. 2)B. ii. a description of the incident's mental and physical effect on the complainant. The complainant should convey opinions, thoughts, and feelings, and should share the effect of the harassing behavior. For example, "It embarrassed me," "made my stomach turn to knots," or "I can't concentrate on my work." 2)B. iii. an indication that the complainant wants the sexual harassment to stop immediately and what is necessary to maintain their relationship. For example, "I want our relationship to be strictly professional and I don't want you ever to touch me again or make gestures or remarks about my sexuality." A copy of the letter should be kept by the complainant in a secured location. The complainant may give the letter to the harasser in person or send it by certified mail. The complainant should also seek guidance from the President's Staff. 2)B. iv. There are many advantages of writing a letter. Generally writing a letter is more powerful than a verbal message telling the harasser to stop. Writing a letter is an important step toward ending the sexual harassment. Other advantages are as follows: * It keeps the incident confidential. * It avoids public or one-on-one confrontation. * It gives the alleged harasser a chance to know how his or her behavior is affecting the complainant. * It gives the harasser a chance to change his or her behavior or defend it before informal or formal complaints are filed. * It may minimize or prevent retaliation against the complainant. * It may be used in support of a formal complaint or lawsuit to demonstrate that the complainant initiated action to end the harassment. Writing a letter to the harasser has been a controversial issue because it may trigger questions of legality, confidentiality, admissible evidence, and due process. However, if the letter is kept CONFIDENTIAL and is written in a "polite" yet direct manner, these questions will not arise. Again, it is required that the complainant to be advised to consult with the President's Staff. 2)C. To keep a record of the incidents of sexual harassment. Ask the complainant if s/he has a record of the incident or incidents of sexual harassment. If not, advise the complainant to record all incidents, dates, times, places, and witnesses who heard or saw the incident. 2)D. To seek information about others who may have been similarly harassed. Ask the complainant if s/he knows of other co-workers who have had similar experiences or who have been harassed by the same person(s). Tell the complainant that these persons may be important components in the grievance resolution process if a complaint is filed. The complainant may want to contact the individuals perceived to be targets of sexual harassment before disclosing their names. (Indicate to the complainant that this action should be discrete and kept confidential). 2)E. To save and secure all work related documents. Ask the complainant if s/he has received any efficiency reports, progress reports, or other documents demonstrating the quality of his/her work. If yes, tell the complainant to make copies and keep the documents in a secured place. 3) Advise complainants not to: * Ignore the incident -- it will not go away. * Resign a position to avoid the problem. * Automatically believe that s/he caused the incident or provoked the harassment. * Believe that the complaint will be taken lightly or trivialized. 4) Determine what actions the complainant wants to take. You may not take any actions to investigate or resolve the matter informally without contacting the President's Staff. 6) Inform the complainant. As soon as possible, inform the complainant what actions you have taken or intend to take in response to the complaint. 7) Seek informal resolution. If possible and appropriate, seek informal resolution. 8) Watch for acts of retaliation. After a complaint is filed, watch for acts of retaliation by the accused against the complainant. Supervisors must take swift and appropriate actions to end the retaliation. In addition, supervisors must keep the incident confidential and ensure that the complaint and the accused are not defamed or ridiculed. Handout #l WHAT IS SEXUAL HARASSMENT? Sexual harassment is behavior that is uninvited, unwanted, and unwelcome by the recipient. The behaviors include physical contact, verbal abuse, gestures, or written messages. Verbal Behavior * Continuous idle chatter of a sexual nature; * Sexual slurs, innuendoes and other comments about a person's clothing, body and/or sexual activities; * Lewd remarks or suggestive sounds such as whistling, wolf calls, or kissing sounds; * Implied or overt threats if sexual attention is not given; * Repeated unsolicited propositions for dates and/or sexual intercourse. Physical Behavior * Unwanted physical contact such as patting, pinching, stroking, or brushing up against the body; * Attempted or actual kissing or fondling; * Physical assaults; * Coerced sexual intercourse; * Rape. Gestures * Sexual looks such as leering and ogling with suggestive overtones; * Continuous and unwelcome flirting. Handout #2 CHECKLIST FOR SEXUAL HARASSMENT COMPLAINANTS (Check the steps that you have taken and write the date, as appropriate.) ____ Seek advice and report incidents of Sexual Harassment Date ____ Tell the harasser to stop. Date Tell the harasser firmly and assertively that the behavior is unwanted and unwelcome and that you want to keep the relationship professional and harassment free. ____ Write a letter to the harasser. Date Make an initial request, or reinforce your oral demand, for the harassing behavior to stop, with a follow-up letter if the sexually harassing behavior continues. Write a direct three-part letter. Describe the incident, the type of behavior, the date and the location. Describe how the incident made you feel mentally and physically (stressful, depressed, stomach ache, headache, etc.). State firmly that you want the harassment to stop immediately. Give the letter to the harasser in person or send it by certified mail. Keep a copy of the letter. Keep the letter confidential. ____ Keep a record of all incidents of Sexual Harassment. Date Record all incidents, dates, times, places, and witnesses who heard or saw the incident. ____ Save and secure all relevant documents. Date Keep copies of your efficiency reports, progress reports, and other documents demonstrating the quality of your work. If the supervisor is the harasser, or if you are not sure whether you have a valid complaint, contact the President's staff Handout #3 CHECKLIST FOR ACCUSED SEXUAL HARASSERS Persons accused of sexual harassment should do the following: 1. Seek Advice. ____ Before taking action on your own to resolve a complaint, Date contact any of the following persons for assistance and advice to resolve this serious accusation: o Your supervisor; o The staff of the President's Office 2. Take the complaint seriously. Federal laws, civil and criminal state laws, and recent Supreme Court decisions have encouraged employers to take a stronger stand against sexual harassment. The Company, its agents, supervising employees, and employees shall be held liable for their acts of sexual harassment and are subject to appropriate Company disciplinary action and/or personal liability. Therefore, it is crucial that persons accused of sexual harassment seek guidance, information, or assistance from any of the individuals listed above. Also, work closely with the investigator to bring the complaint to resolution. 3. Record all contacts with the complainant. ____ Document all contacts with the complainant, and include incidents, dates, times and Date locations in a journal. You may need to use the journal to assist you in the investigation and resolution process. 4. Work closely with the COMPLAINT INVESTIGATOR to bring the grievance to a quick, equitable resolution. GLOSSARY Affirmative Action Plan or Procedure. A formal plan or procedure developed to eliminate, limit, or prevent discriminatory treatment on the basis of race, ethnicity, and sex by employers and educational institutions. Agent. A person authorized by another to act on his/her behalf. Breach of Contract. A breach is the breaking or violation of a law, right, or duty. A complainant may file a civil suit for breach of contract when sexual harassment occurs in the workplace. Civil Suit. Civil suits are municipal legal actions filed in court for the declaration, enforcement, and protection of rights, or for the redress or prevention of a wrong. Specific statutes or sections of the federal constitution or state constitutions give particular parties the right to file civil suits against sexual harassers. Note: In some instances when a complainant wins a civil suit, the Court may order the accused to pay the complainant's attorney's fees and court costs. Complaint. An informal or formal allegation of misconduct against an individual. The original or initial pleading by which an action is commenced. A formal complaint is a written complaint filed in an appropriate office which requires action on the behalf of the sexually harassment complainant. An informal complaint a verbal allegation of objectionable behavior by a complainant. Conciliation. The process of seeking to resolve a discrimination complaint through informal negotiations without resorting to a formal hearing or Court action. Contract. An agreement, written, oral, or implied by law, between two or more parties. Criminal Suits. Action instituted or filed to punish an infraction of the criminal law. Touching, fondling, physical assaults, and attempted rape fall within the realm of criminal acts. Discrimination. An act, policy, or practice which unlawfully differentiates against a person on the basis of their race, sex, creed, color, religion, etc. Discrimination may involve a single act or may be a continuing policy or practice. Discrimination may be intentional or unintentional. *** Discrimination may be overt (discriminating openly on the basis of sex or race) or covert(using a mechanism indirectly related to sex or race to discriminate). EEOC Guidelines. The EEOC guidelines specify that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Employee. A staff member, agent, or student who has been hired or selected to perform a service for wages. Employer. A manager, head, director, or supervisor who provides jobs that pay wages or a person who directs salaried and/or non-salaried personnel to perform a particular service or activity. Equal Employment Opportunity. Equal access to all available jobs and training, under equal terms and conditions, and with equal benefits and services in the absence of actions, policies, and practices which illegally differentiate among applicants and employees on the basis of race, color, national origin, sex, age, and religion. Grievance. An injury, injustice, or wrong which provides grounds for complaint because it is unjust, discriminatory and against university policies on procedures. Guidelines. Interpretations of legal or administrative regulations. Injunction. An injunction is a court order forbidding a certain type of action by an individual or institution. An injunction prevents the initiation or continuation of a wrong. Jurisdiction. It is the authority by which company grievance systems and court accept and decide cases. Legal Action. A civil or criminal suit filed in a court by a prosecutor, an enforcing agency or department, an aggrieved person, several persons (class action), or an organization. Policy. A policy is a method of management, actions, or conditions used to guide and determine present and future decisions. It is an overall plan embracing the general goals and procedures of a body, an agency, or an organization. Reasonable Person Standard. The reasonable person standard is a phrase used to denote a hypothetical person who exercises "those ordinary qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection of their own interest and the interest of others." The phrase does not apply to a person's ability to reason, but rather the prudence with which s/he acts under the circumstances. Similar terms are reasonably prudent person or the ordinary prudent person. Reprisal. In general, any action taken by one person either in spite or as a retaliation for an assumed or real wrong by another. Retaliation. To repay in kind, return like for like, or to get revenge. The infliction upon an actual or perceived "wrong doer" the same, or another injury, which the "wrong doer" has causedto another. Rights. That which one is entitled to have, or to do, or to receive from others within the limits prescribed by law. Sex Discrimination. Defined as acts of preferential treatment and failure to provide equal opportunity based on a person's gender. For example, giving rewards, punishments, assignments, promotions, and bonus funds based on reasons other than a person's performance and merit. Sexual Harasser. A person perceived or accused by another person of engaging in actions which the accuser/complainant perceives as sexual harassment. Sexual Harassment Complaint. An informal or a formal allegation against a person. Sexual Harassment Complainant. A person who files a complaint of sexual harassment in a formal legal or quasi-legal process, or in an informal process. Sexual Pollution. Sexual pollution is an act (or continuous acts) that has (have) the potential for being offensive and should be considered improper if it is (they are) not job related. Examples of sexual pollution are: remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters that are not job related or are not being displayed for work purposes. Statute. A statute is a law, enacted by a legislature, which declares, commands, or prohibits certain actions. A permanent rule established by an organization, corporation, etc., to govern. Federal statues apply to the entire country. Provincial and local statues apply only to that particular jurisdiction.