Country-Specific Essay

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WGS100SexualHarassment.ppt
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Sexual Harassment 101

OUTLINE

  • OVERVIEW OF SEXUAL HARASSMENT

  • TYPES OF SEXUAL HARASSMENT

Quid Pro Quo

Hostile Environment

WORKING DEFINITION OF SEXUAL HARASSMENT

  • PROHIBITED CONDUCT

10 Danger Zones

Definitions of Terminology

Sexism

A set of attitudes and beliefs that says one sex is superior to another sex

Sex Discrimination

Basing employment decisions on an employee’s sex and/or treating employees differently because of their sex

Sexual Harassment

Unwelcome behavior of a sexual nature

Gender-Based Harassment

Unwelcome behavior on the basis of gender

HISTORICAL BACKGROUND

  • 1964 Civil Rights Act 1964 Title VII

  • 1970 Sexual Harassment of Working Women Published (Katharine McKinnon

  • 1974 Sexual harassment becomes a sub-category of sex discrimination

  • 1980—EEOC issues guidelines for legal requirements

  • 1998 Same Sex Harassment made illegal—Oncale v. Sundowner Offshore Services

http://en.wikipedia.org/wiki/Oncale_v._Sundowner_Offshore_Services


Sexual harassment: Civil vs. Criminal Act

  • Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole.

  • A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Legal duties include respecting rights established under the Constitution or under federal or state law.

Sexual Harassment is a Civil Crime; Sexual Assault, for example, is a Criminal Offence. Both are against the law!

  • http://litigation.findlaw.com/filing-a-lawsuit/civil-cases-vs-criminal-cases-key-differences.html#sthash.fQvMnIaX.dpuf

Title VII

  • Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. –

  • http://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/titleviiofthecivilrightsactof1964.aspx#sthash.7uqP2WTp.dpuf

Title IX (1972)

Protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

WHAT IS SEXUAL HARASSMENT?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's education or employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

WORKING DEFINITION OF SEXUAL HARASSMENT

  • UNWELCOME

  • SEXUAL CONDUCT

  • SEVERE AND/OR PERVASIVE

TYPES OF SEXUAL HARASSMENT

  • Quid Pro Quo
  • Making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of the employee’s continued employment or a students’ right to an education; OR
  • Making submission to or rejection of such conduct the basis for decision(s) affecting the employee or student;
  • What does this mean in an academic environment?
  • Hostile Work Environment:
  • To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

TEN DANGER ZONES

  • 1. COMMENTS ON PERSONAL APPEARANCE

  • 2. JOKES

  • 3. WORK RELATED OFF-PREMISES CONDUCT

  • 4. NICKNAMES

  • 5. STEREOTYPES

TEN DANGER ZONES

  • 6. TOUCHING

  • 7. DATING/INITIATING PERSONAL RELATIONSHIPS

  • 8. CARTOONS, POSTERS, PICTURES, APPAREL, TEE-SHIRTS

  • 9. E-MAIL, INTERNET

  • 10. RETALIATION