Harassment: Facts & Definitions

INFORMATION ABOUT SEXUAL HARASSMENT:

Sexual Harassment: Form of discrimination prohibited by title VII of civil rights art of 1972. Title IX of education amendments of 1972. The Federal Equal Employment Opportunity Commission and Michigan Law 37.2101 define sexual harassment as unwelcome sexual advances, requests for favors, and other verbal or physical conduct or communication of a sexual nature when:

  • Submission to such conduct is made either explicitly, or implicitly a term or condition of an individual's employment, housing, or educational status.
  • Submission to or rejection of such conduct by an individual is used as a factor in decisions affecting such individual's employment, housing, or education.
  • Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive work, housing, or educational environment.

Definition:

Unwanted sexually oriented behavior in work or educational setting. Sexual harassment is a form of sexual abuse that's used by a harasser to control his/her victim. It's prominent in the workplace, educational and housing settings, as well as controlled settings, such as the military.

Three Types:

  • Quid Pro Quo: "This For That" claims in which a supervisor offers a job, promotion, or raise, in return from sexual favors, or threatens retaliatory action if the victim doesn't comply with his or her advances. The sexual behavior doesn't have to be physical. For example, a supervisor might give the best work assignments to employees who flirt with him/her. This is illegal sexual harassment even if the "trade" is merely understood and never stated outright.
  • Hostile/ Offensive Environment: Any type of sexually oriented behavior by a coworker, fellow student, professor, etc. that makes a reasonable person feel uncomfortable, threatened, or afraid (touching, sexist comments, sexually explicit pictures in public view, etc.)
  • Sexual Favoritism: Making decisions about an employee's advancement or student's worth based on their gender.

Factors Constituting Hostile Environment or Favoritism:

  • Reasonableness: Would a reasonable person be uncomfortable with the behavior of the person accused of the harassment?
  • Repeated: The behavior must be repeated to constitute harassment.
  • Effect vs. Intent: When confronted by authorities, many people accused of harassment will say they were just joking around and they didn't mean anything by the behaviors. The intentions of the perpetrators mean nothing. If someone feels uncomfortable because of their behaviors that is what matters in the eyes of the law.
  • Is the offender and the displayed behavior easily avoidable?: Most likely the behaviors will not be avoidable because they take place in the work or educational setting. A person cannot be expected to miss work or class because they want to avoid the behaviors of a coworker, professor, or fellow student.
  • Brought to the attention of the offender or employer/ administrator?: If the harassment was brought to their attention, and they acted with indifference, they are liable and can be civilly sued for their negligence and their unwillingness to act. If it was not brought to their attention and a law suit is filed, they will most likely plead ignorance and state that they couldn't do anything about the harassment because they didn't know about it.

Examples:

  • Visual: Suggestive or obscene looks, leering, gesturing, displaying suggestive objects or pictures, cartoons, posters, or magazines.
  • Verbal: Suggestive or obscene comments, jokes, rumors, sexual propositions, comments about one's body, pressures for dates.
  • Written: Suggestive or obscene letters, notes, invitations, drawings, e-mail, computer networks, letters asking for dates.
  • Physical: Any intentional touching, blocking the way.

Statistics:

Experienced by 50% of working women. 75% of women harassed quit these jobs or are fired. (Not always the same effect when men are harassed; what men see as flattering, women may see as threatening.)

Cost to Employers Incredible:

  • Employee Turnover
  • Medical Claims
  • Absenteeism
  • Reduced Productivity