SEXUAL HARRASSMENT & GENDER HARASSMENT IN THE WORKPLACE I. WHAT IS SEXUAL HARASSMENT?

Sexual harassment is a form of sex discrimination. The legal definition of sexual harassment is unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment. Unwelcome: Conduct is not sexual harassment if it is welcome. For this reason, it is important to communicate (either verbally, in writing, or by your own actions) to the harasser that the conduct makes you uncomfortable and that you want it to stop. Conduct of A Sexual Nature: Many different kinds of conductverbal, visual or physical that is of a sexual nature may be sexual harassment, if the behavior is unwelcome and if it is severe or pervasive. Here are some more examples: Verbal or written: Comments about clothing, personal behavior, or a persons body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendoes; telling rumors about a persons personal or sexual life; threatening a person. Physical: Assault; impeding or blocking movement; inappropriate touching of a person or a persons clothing; kissing, hugging, patting, stroking. Nonverbal: Looking up and down a persons body; derogatory gestures or facial expressions of a sexual nature; following a person. Visual: Posters, drawings, pictures, screensavers or emails of a sexual nature. ** Non-sexual conduct may also be sexual harassment if you are harassed because you are female, rather than male, or because you are male, rather than female.For example, it may be sexual harassment if you are a woman working as a carpenter on an all-male job, and you are the only one whose tools are frequently hidden by your male co-workers.

II. WHAT IS GENDER HARRASSMENT? Gender harassment is a form of sexual harassment. It includes generalized sexist statements and behavior that convey insulting or degrading attitudes about women and men.

Examples include insulting or condescending behavior towards women or men, environments that objectify women. (I.e. salesperson entertain clients with strippers), obscene jokes or humor about sex or women in general. III. TYPE OF SEXUAL HARASSMENT? There are two forms of sexual harassment in employment which are illegal. These are known as hostile work environment claims and quid pro quo claims. Hostile work environment sexual harassment results when either: You are the target of unwelcome sexually suggestive or demeaning comments, repeated and unwelcome requests for dates, offensive gestures, offensive touching, jokes or pranks, intimidating behaviors, or pornographic materials that are: 1) directed to you because of your gender status (the very fact that you are a female or a male, 2) the offenses are severe or pervasive, 3) the conditions of your employment are affected, and 4) your employer is directly or indirectly responsible for the harassment. This includes offensive conduct directed to you by your employers customers or vendors. OR, Your employer provides less favorable terms and conditions of employment to you than to your opposite sex co-workers simply because of your gender status (hiring procedures, hours, wages, promotions, work schedules, work assignments, vacation or sick leave benefits, job evaluation discipline, termination, etc.). Quid pro quo ( Latin for this for that) sexual harassment results when: Sexual favors are asked for or demanded of you by a supervisor or higher-level manager in exchange for employment benefits. (Promotions, salary increases)

Sexual relations can be voluntary without being welcome. Sex that is coerced because you fear you will lose your job or be punished at work if you dont cooperate or because you are afraid or embarrassed can be a form of illegal harassment. Your gender status doesnt have to be the only reason you were singled out for this unfair treatment, but it must be at least a substantial factor.

IV. WHY PEOPLE DO NOT REPORT HARASSMENT? Some people do not believe that harassment is so common in today's society because many victims do not report the crime. Some of the reasons why victims don't report sexual harassment include:

they blame themselves they feel helpless, hopeless, and/or powerless they don't know how to report the harassment they think that their complaint won't be taken seriously they don't trust their own perceptions of what happened -- maybe they "misunderstood"

they don't want to "rock the boat" they are afraid of the harasser or others (such as the harasser's friends or family they don't trust "the system" they don't think their workplace will support them if they report the harassment they don't think their friends will support them they feel embarrassed

they don't think that reporting will make any difference; they don't believe that anything will be done about the harassment or the harasser

they don't want to get the harasser into trouble they are prevented or blocked by sex role stereotyping they are prevented or blocked by victim behavior

V. WHAT IS THE IMPACT OF SEXUAL HARASSMENT? Sexual harassment can have a negative effect on the individual, in both the short and long term. Those who have been harassed may experience illness, humiliation, anger, loss of self confidence and psychological damage. Sexual harassment may also lead to workplace problems such as decreased performance, lower job satisfaction and higher absenteeism. In some cases, it may lead to resignation. Observing someone else in the organization experience sexual harassment may also have a detrimental impact on an employee, by affecting their attitude towards work and even leading to psychosomatic problems. If employees believe that sexual harassment is not being tackled in the organization this may lead to decreased job satisfaction and poorer physical health. On the other hand, the investigation of sexual harassment complaints may cause serious divisions between staff. The presence of sexual harassment within an organization may damage business performance due to low morale, lost productivity, damage to reputation and public image, and the cost of any compensation awards to sufferers of harassment who have taken a claim to employment tribunal. It may also have an impact on employee turnover, particularly that of female employees.

Given its potential impact on the health of those who have been harassed and its contribution to work-related stress for those involved both directly and indirectly, sexual harassment is also a health and safety issue and has been recognized by the Health and Safety Executive as a potential health risk or hazard in organizations.

VI. TECHNIQUES FOR PREVENTING SEXUAL HARASSMENT: There are three basic types of intervention that can be implemented by an organization to prevent or deal with sexual harassment: prevention, responding to sexual harassment where it does occur and follow-up in the aftermath of an investigation into a complaint of sexual harassment.

Preventative actions: include the formation and adoption of a sexual harassment policy, training and awareness raising, monitoring and evaluation. There are two distinct approaches to policy formation: a 'top-down' and a 'consultative' approach. The consultative approach is advocated by researchers, who emphasize the importance of including multiple stakeholders, including employee groups and trade unions. This can also be seen as a 'bottom-up' approach, where staff and staff representatives are fully involved with management in developing and owning relevant policies and programs. A culture of respect has to be developed within an organization, and a strong zero tolerance policy towards sexual harassment is essential, whichever approach is adopted. Training can be used to raise awareness and understanding of sexual

harassment and to help equip individuals with the necessary skills to deal with it. Few studies have looked at the effectiveness of training but those that exist suggest that it is particularly effective for changing men's attitudes. Responses to sexual harassment when it has occurred include the complaints procedure within an organization and the identification of effective strategies for dealing with sexual harassment. Both a formal and informal route for reporting harassment are important. They should make it explicit that confidentiality will be maintained wherever possible and that employees bringing a complaint will be protected from victimization. Making a complaint can be a very difficult procedure for an individual, especially if the organization does not have clear policies and procedures in place and similarly, if the alleged harasser is the manager of the person making the complaint, as is often the case. Following an investigation of a complaint of sexual harassment, rehabilitation of the person who has been harassed, including support and counseling where required, is essential. Others will need to be reintegrated, including the harasser and any witnesses or other colleagues who have been affected. Examination of how the harassment occurred and whether existing policies and procedures need amending, are also necessary.

VII.

COMMON SENSE GUIDELINES FOR INDIVIDUALS CONSIDERING BRINGING A SEXUAL HARASSMENT CLAIM:

1. If it will not jeopardize your job or safety, make it clear to the harasser that the offensive behavior is in fact unwelcome. 2. Report your complaints of ongoing harassment to management and ask that steps be taken to eliminate such abuse. Make your complaint known to a person with decision-making authority. If your employer has established anti-discrimination procedures, follow them. Be aware that your complaint will probably not be kept confidential. You are encouraged to make your complaints in writing and, where possible, have a trusted witness present when you make your complaint. Try to get some evidence that the employer actually received your complaint and the date and time the complaint was made. Keep a copy of the complaint you submit. 3. If you are represented by a union, report the discrimination to your union and ask that they investigate and take appropriate action on your behalf. 4. Establish a record of solid job performance. A history of excessive absenteeism, tardiness, sloppy work performance, acts of violence or threats of violence, theft or use of drugs or alcohol on the job or coming to work under the influence may make it difficult, if not impossible, to pursue your claim. 5. Keep a written log of dates, times and witnesses, and events you believe are significant to your potential claim. Make those notes during breaks or after work. Do not set yourself up for the charge that you were doing personal business on company time. 6. Only make or keep copies of documents where you have your employers authorization to do so. Obtaining records and information where you do not have such permission can get you fired and can defeat or limit your claim.

7. When you are making notes of what has happened: limit your notes to the facts (who, what, when, where); be accurate; dont guess about the facts; dont exaggerate; dont misrepresent what really happened. Make notes of your physical and emotional responses to the harassment (loss of appetite, inability to sleep, weight loss or gain, depression, fear, etc.). 8. If you discuss your situation with sympathetic co-workers, have those conversations off the work premises and not on company time. Confide only in people you know for certain you can trust. 9. If you have a written job description, keep a copy of that document in your personal records. 10. If you are given a written job evaluation, ask for a copy and keep it. Good job evaluations are very helpful in overcoming a defendant employers claim that you were disciplined or terminated because the quality of your work or your work habits didnt measure up to the companys standards. 11. If you are given a written disciplinary warning or notice, do not sign it without carefully reading it and understanding what it says. If you dont understand it, ask questions. Ask for permission to have a witness present at any disciplinary meeting. If you disagree with the content of the notice, ask to have your written statement setting out your view of the facts made a part of your employment file. Keep a copy of your statement. You have a right to inspect your personnel file to ensure your statement was made part of your file. 12. If you are fired, you are entitled to a written statement explaining the basis for your termination.

13. If you consult with an attorney, make the best use of the time available with the attorney by organizing your information neatly and in order by dates of the incidents. Prepare a brief, clear summary of the highlights of your claim. If you make this effort, you enhance the chance the attorney or legal staff will take greater interest in your case. 14. Before you hire an attorney, make sure you understand how the lawyer is going to be paid and the rate of pay. You also need to understand what costs you will be charged in addition to the attorney fee. 15. Be prepared for the fact that when you make a claim for emotional distress, which will be a significant part of your claim, you can expect the defendant will be entitled to access what would otherwise be private and confidential information about you. Records and information related to your health care, education, employment, family life and any possible criminal history will be open to inspection by your employers attorney.