Harassment

*What is gender discrimination?

*What is sexual harassment?

*How common?

*Legal rights

*Resources and Filing Complaints

 

 

 

Brain dump…

http://knowyourix.org/

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. Title IX states that:

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.

Know Your IX is a campaign that aims to educate all college students in the U.S. about their rights under Title IX. Armed with information, sexual violence survivors will be able to advocate for themselves during their schools’ grievance proceedings and, if Title IX guarantees are not respected, file a complaint against their colleges with the Department of Education’s Office for Civil Rights.

This campaign was built by a large collective of survivor-activists and allies seeking to share the expertise of their first-hand experience with violence, the law, and activism. On this site you’ll find resources on Title IX and the Clery Act, guidance on engaging in campus activism, hotlines for emergency care, suggestions for supporting a survivor, and personal advice in our “Dealing with…” section.

http://knowyourix.org/i-want-to/report-violence-or-harassment/reporting-harassment/

http://knowyourix.org/title-ix/how-to-file-a-title-ix-complaint/

 

http://knowyourix.org/clery-act/

http://knowyourix.org/clery-act/how-to-file-a-clery-act-complaint/

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, first signed into law in 1990, requires colleges and universities, both public and private, participating in federal student aid programs to disclose campus safety information, and imposes certain basic requirements for handling incidents of sexual violence and emergency situations. Students can file complaints with the Department of Education asking it to investigate their schools for violations, resulting in possible sanctions and substantial campus change. This investigation process has recently been strengthened by the Campus SaVE Act, which clarifies and schools’ responsibilities under Clery.

OCR at ED

Title IX

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive Federal financial assistance. Title IX states that:

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.

The United States Department of Education (ED) maintains an Office for Civil Rights, with 12 enforcement offices throughout the nation and a headquarters office in Washington, D.C., to enforce Title IX.

Education Programs and Activities Covered by Title IX

Title IX covers state and local agencies that receive ED funds. These agencies include approximately 16,000 local school districts, 3,200 colleges and universities, and 5,000 for-profit schools as well as libraries and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

The Office for Civil Rights Enforces Title IX

The Office for Civil Rights (OCR) in ED is responsible for enforcing Title IX. OCR's responsibility to ensure that institutions which receive ED funds comply with Title IX is carried out through compliance enforcement. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging sex discrimination. Also, through agency-initiated reviews of selected recipients, OCR is able to identify and remedy sex discrimination which may not be addressed through complaint investigations.

Given the large number of institutions under its jurisdiction, OCR is unable to investigate and review the policies and practices of all institutions receiving ED financial assistance. Therefore, OCR provides information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR also informs students and their parents, and those who apply for admission to academic programs, of their rights under Title IX.

OCR has investigated and worked with recipients to resolve many kinds of civil rights problems, including the following:

the provision of less than a fair share of funds for athletic scholarships to females;

inequitable pay for female teachers holding similar teaching positions to those held by male counterparts; and

discrimination against female students on the basis of pregnancy.

How to File a Discrimination Complaint with OCR

Anyone who believes there has been an act of discrimination on the basis of sex against any person or group in a program or activity which receives ED financial assistance, may file a complaint with OCR under Title IX. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. A complaint should be sent to the OCR enforcement office that serves the state in which the alleged discrimination occurred. A complaint must be filed within 180 days of the date of the alleged discrimination, unless the time for filing is extended for good cause by the Enforcement Office Director. If you have also filed a complaint under an institutional grievance process, see the time limit discussed at the end of this section.

Complaint letters should explain who was discriminated against; in what way; by whom or by what institution or agency; when the discrimination took place; who was harmed; who can be contacted for further information; the name, address and telephone number of the complainant(s) and the alleged offending institution or agency; and as much background information as possible about the alleged discriminatory act(s). OCR enforcement offices may be contacted for assistance in preparing complaints. OCR keeps the identity of complainants confidential except to the extent necessary to carry out the purposes of the civil rights laws, or unless disclosure is required under the Freedom of Information Act, the Privacy Act or otherwise required by law.

If an investigation indicates there has been a violation of Title IX, OCR attempts to obtain voluntary compliance and negotiate remedies. Only when it cannot obtain voluntary compliance does OCR initiate enforcement action. Enforcement usually consists of referring a case to the Department of Justice for court action, or initiating proceedings, before an administrative law judge, to terminate Federal funding to the recipient's program or activity in which the prohibited discrimination occurred. Terminations are made only after the recipient has had an opportunity for a hearing before an administrative law judge, and after all other appeals have been exhausted.

Prior to filing a complaint with OCR against an institution, a potential complainant may want to find out about the institution's grievance process and use that process to have the complaint resolved. A complainant is not required by law to use the institutional grievance procedure before filing a complaint with OCR. If a complainant uses an institutional grievance process and also chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process.

What does the law require?

OCR enforces Title IX, which prohibits discrimination based on a student’s sex in schools and colleges receiving federal funds. Prohibited discrimination occurs when a recipient's employees treat students differently on the basis of their sex, or engage in quid pro quo harassment, or when a recipient is aware of a sexually hostile environment and condones, tolerates or allows that environment to exist.

Federal civil rights laws are intended to protect students from discrimination, not to regulate the content of speech. OCR is sensitive to First Amendment concerns that may arise in the course of addressing sexual harassment complaints and takes special care to avoid actions that would impair the First Amendment rights of an institution's students and employees.

 

Report: https://wdcrobcolp01.ed.gov/CFAPPS/OCR/complaintform.cfm

 

Equal Employment Opportunity Commission

http://www.eeoc.gov/

http://www.eeoc.gov/laws/types/sexual_harassment.cfm

http://www.eeoc.gov/laws/types/sex.cfm

http://www.eeoc.gov/employees/charge.cfm

Note: Federal employees and job applicants have a different complaint process.

What is Sexual Harassment?

Unwanted sexual advances, requests or behavior that is gender-based.  Sex. Harassment is determined by the person receiving the attention or behavior, not the person giving it.

It is the affect or impact not the intent that determines if an action is sexual harassment.

Claiming the act was done innocently or with good intention is no defense.

 

Why do people sexually harass others?

To feel powerful.  To upset another person- give the illusion of confidence.  However, the harasser is usually insecure and does not know how to express his/her feelings positively.

 

What is the root of sexual harassment?

Learned behavior

Bullying behavior

Sexist beliefs (gender roles, entitlement)

Ignorance of what sexual harassment really is

Belief that it is only teasing, minimizing the effects

How can sexual harassment hurt you?

Undermines self esteem

Lose self-confidence

Makes it hard to concentrate

Loses trust in others

Makes you feel unsafe

Makes you feel shameful and angry

Makes you feel hopeless

 

Questions to determine if what you’re about to do/say is sexual harassment?

Would I want these comments/behaviors printed in the newspaper?

Is this something I’d say if my mom/dad were standing with me?

Is this something  I’d want someone to say to my sister/mom/girlfriend?

Is this something I’d say if the person’s partner were present?

Is there a difference in power between myself and the person? (can be size of group, not just position)

 

Unwelcome sexual advance or conduct that affects an individuals employment, work or school performance, or creates an intimidating, hostile, or offensive work or school environment. 

laws prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment. Race, color, sex, creed, and age are now protected classes. 

It is “unlawful to harass a person” because of any of these characteristics.

Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.

The harasser can be anyone.

“Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Targeted Adult Bullying

Behavior which has the effect of humiliating, intimidating or coercing someone through personal attack.

Typically occurs where one person has or wants to exert power and control over another person.

Intentionality doesn’t matter; what matters is how the person receiving behavior perceives it.

Illegal to retaliate against a person for complaining of discrimination or participating in discrimination investigation

Unfavorable treatment because of person’s sex.

Includes sexual harassment, but not all sex discrimination is of sexual nature

Equal Pay laws

Pregnancy

Transgender and LGBTQ individuals have been allowed by EEOC to file claims

Can cover discrimination on parental status

Victim and harasser can be same sex

More on sexual harassment later. Offensive comments about women in general

Equal pay for equal work.  Jobs need not be identical, but be substantially equal.  All forms of pay covered by law—salary, bonuses, insurance, time off, travel allowances.  Can go directly to court, don’t have to go through the EEOC (but can file under here as well)

Can’t treat a woman unfavorably because of pregnancy, childbirth, or medical condition related to either.  Treated like other temporarily disabled employee—provide light duty, alternative assignments, disability leave, or unpaid leave (whatever is allowed for temporarily disabled employees).  Can’t single out pregnancy conditions for special procedures to determine ability to work.  Pregnant employees and nursing mothers also have additional rights elsewhere (Family and Medical Leave Act and Fair Labor standards Act)

Occasionally status as parent enforced through EEOC under this

Making reference to an employee "PMS"ing; Claiming that a woman should be more feminine and wear makeup; Claiming that a person isn't fulfilling certain gender role; Calling an effeminate male a "fairy," or "prissy" or stating that he should ‘act more like a man;’ Refusing to hire a man in a "woman’s job" and vice versa;

Employers may be legally responsible for sexual harassment against their employees and liable to them for damages; however, liability depends on the type of harassment, and who committed it.

Harassment by a supervisor:  If the harassment results in an employment action against the victim (such as firing, demotion, or unfavorable changes in work assignments), the employer may be liable.   The employer may also be liable if  the harassment creates a hostile work environment.  However it may have a possible defense if the employer can show that it took reasonable steps to prevent and promptly correct the problem, and  the employee unreasonably failed to take advantage of the company's preventive or corrective measures.

Harassment by a co-worker: The employer may be liable if it knew, or should have known, about the harassment.  However, the employer  may not be liable if immediate and appropriate corrective actions were taken to remedy the problem. 

Organization Capacity 370. BP – Employee Harassment

Employee should advice the person if their behavior is inappropriate and the employye would like it stopped.

If that doesn’t work, report to supervisor.

If that doesn’t work, go to Executive Director or Board

Establish terms to prevent retaliation

Once filed, could also report to EEOC, especially if nothing is being done about the complaint.  Typically there is a 180 day limit to file a charge

Keep a written record of offensive behavior and all employment records

If you believe that you have been discriminated against at work, you can file a "Charge of Discrimination." All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

Note: Federal employees and job applicants have similar protections, but a different complaint process.

The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. 

Also, if more than one discriminatory event took place, the deadline usually applies to each event. 

Not victims fault

no one asks for it, the harasser’s behavior creates the problem.

Loss of economic wages or benefits

Backlash and victim blaming

Psychological effects

Stress and isolation

Sleep and Eating difficulties

Adverse effects on the target are common in the form of stress and social withdrawal, sleep and eating difficulties, overall health impairment, etc

One of the difficulties in understanding sexual harassment is that it involves a range of behaviors. In most cases (although not in all cases) is difficult for the victim to describe what they experienced. This can be related to difficulty classifying the situation or could be related to stress and humiliation experienced by the recipient. Moreover, behavior and motives vary between individual cases

Common psychological, academic, professional, financial, and social effects of sexual harassment and retaliation:

Psychological stress and health impairment

Decreased work or school performance as a result of stress conditions; increased absenteeism in fear of harassment repetition

Firing and refusal for a job opportunity can lead to loss of job or career, loss of income

Having to drop courses, change academic plans, or leave school (loss of tuition) in fear of harassment repetition and/or as a result of stress

Being objectified and humiliated by scrutiny and gossip

Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack.

Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if he or she is "worth" the sexual attention or the risk to the harasser's career)

Defamation of character and reputation

Loss of trust in environments similar to where the harassment occurred

Loss of trust in the types of people that occupy similar positions as the harasser or his or her colleagues, especially in case they are not supportive, difficulties or stress on peer relationships, or relationships with colleagues

Effects on sexual life and relationships: can put extreme stress upon relationships with significant others, sometimes resulting in divorce

Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun him or her altogether)

Having to relocate to another city, another job, or another school

Loss of references/recommendations

Some of the psychological and health effects that can occur in someone who has been sexually harassed as a result of stress and humiliation: depression, anxiety and/or panic attacks, sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of motivation, stomach problems, eating disorders (weight loss or gain), alcoholism, feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self-esteem, withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD), complex post-traumatic stress disorder, suicidal thoughts or attempts, suicide

Prioritize self-care and recovery

Talk to other people

Research your options carefully

Strengthen your support network

Find a creative outlet for processing

Consider therapy

Unwanted sexual advances, requests, or other verbal/physical conduct of sexual nature constitutes sexual harassment when: 

Submission to such conduct is made an implicit or explicit condition of individual’s employment.

Submission to or rejection of such conduct affects employment opportunities.

Such conduct interferes with an employee’s work or creates an intimidating, hostile, or offensive work environment

Sexual Harassment is any unwelcomed or unwanted sexual behavior or pressure which embarrasses, humiliates, or intimidates an individual. Sexual harrasment can be physical, verbal, and even non verbal and visual (such as staring or gestures that are suggestive or sexual).

It includes a range of actions from mild transgressions to sexual abuse or sexual assault.[3] Sexual harassment is a form of illegal employment discrimination in many countries, and is a form of abuse (sexual and psychological) and bullying. For many businesses and other organizations, preventing sexual harassment, and defending employees from sexual harassment charges, have become key goals of legal decision-making.

Yes. Conduct is considered unwelcome if the student did not request or invite it and considered the conduct to be undesirable or offensive. The age of the student, the nature of the conduct, and other relevant factors affect whether a student was capable of welcoming the sexual conduct. A student’s submission to the conduct or failure to complain does not always mean that the conduct was welcome. 

established the standards for analyzing whether the conduct was welcome and levels of employer liability, and that speech or conduct in itself can create a "hostile environment". The Civil Rights Act of 1991 added provisions to Title VII protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment, and the case of Ellison v. Brady resulted in rejecting the reasonable person standard in favor of the "reasonable woman standard" which allowed for cases to be analyzed from the perspective of the complainant and not the defendant.[64] Also in 1991, Jenson v. Eveleth Taconite Co. became the first sexual harassment case to be given class action status paving the way for others. Seven years later, in 1998, through that same case, new precedents were established that increased the limits on the "discovery" process in sexual harassment cases, that then allowed psychological injuries from the litigation process to be included in assessing damages awards. In the same year, the courts concluded in Faragher v. City of Boca Raton, Florida, and Burlington v. Ellerth, that employers are liable for harassment by their employees.[65][66] Moreover, Oncale v. Sundowner Offshore Services set the precedent for same-sex harassment, and sexual harassment without motivation of "sexual desire", stating that any discrimination based on sex is actionable so long as it places the victim in an objectively disadvantageous working condition, regardless of the gender of either the victim, or the harasser.

Quid Pro Quo

Compliance or noncompliance with sexual demand used as basis of employment decision

Hostile Environment

Being subject to unwelcome verbal or physical sexual behavior that is so severe or pervasve that it adversely affects ability to work

1. and 2. are called "quid pro quo" (Latin for "this for that" or "something for something"). They are essentially "sexual bribery", or promising of benefits, and "sexual coercion".

Type 3. known as "hostile work environment," is by far the most common form. This form is less clear cut and is more subjective.[26]

Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.[77]

The courts will try to decide whether the conduct is both "serious" and "frequent." Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.

Employer always liable for supervisor’s harassment if results in tangible action.

What is Hostile? Requires certain inquiry in whether conduct “unreasonably interfered with work performance or created intimidating, hostile, or offensive working environment.  Look at following factors: 1) verbal/physical/both, 2)how frequently repeated, 3)whether conduct was hostile or patently offensive, 4)co-worker or supervisor, 5) whether others joined in perpetrating the harassment, and 6)whether the harassment was directed at more than one individual

Hostile claims usually require pattern of offensive conduct

Again, intent does not matter.  Effect or impact on the victim determines if it is sexual harassment.  Claiming act was done innocently or with good intention is not a defense.

Flirting, attraction, sexual interaction or friendship that is invited, consensual and reciprocated and conducted in private or in a way that would not cause offence to others would not constitute sexual harassment.

2008 Study

         * 31% of the female workers reported
    * 7% of the male workers reported
    * 62% of targets took no action
    * 100% of women reported the harasser was a man
    * 59% of men reported the harasser was a woman
    * 41% of men reported the harasser was another man

EEOC Charges

    *Around 1/5 are sexual harassment charges

  *16% of those are male.

Teens

  *1 in 3 targeted in the workplace

2008 telephone poll by Louis Harris and Associates on 782 U.S. workers revealed:

    * 31% of the female workers reported they had been harassed at work
    * 7% of the male workers reported they had been harassed at work
    * 62% of targets took no action
    * 100% of women reported the harasser was a man
    * 59% of men reported the harasser was a woman
    * 41% of men reported the harasser was another man

Of the women who had been harassed:

    * 43% were harassed by a supervisor
    * 27% were harassed by an employee senior to them
    * 19% were harassed by a coworker at their level
    * 8% were harassed by a junior employee

~1/5 of those are sexual harassment charges (16% male)

Almost half of those were found to have not enough cause, but between the rest $52 million was awarded

According to a study conducted in Maine, one in three high school students reported experiencing unwarranted sexual advances in the workplace.

The U.S. Equal Employment Opportunity Commission reports that teenagers, females and males, are frequently targeted for sexual harassment at fast food restaurants, movie theaters, construction companies and other types of low paying workplaces mostly likely to employ young workers.

The victim often becomes the accused

Severe/Chronic sexual harassment can has same effects as rape or sexual assault

Becoming publicly sexualized

Loss of trust, effect on personal relationships

PTSD

Victims who speak out against sexual harassment are often labeled troublemakers who are on their own power trips, or who are looking for attention. Similar to cases of rape or sexual assault, the victim often becomes the accused, with their appearance, private life, and character likely to fall under intrusive scrutiny and attack

harassment may lead to temporary or prolonged stress and/or depression depending on the recipient's psychological abilities to cope and the type of harassment, and the social support or lack of it for the recipient. Psychologists and social workers report that severe/chronic sexual harassment can have the same psychological effects as rape or sexual assault.[15][16] Victims who do not submit to harassment may also experience various forms of retaliation, including isolation and bullying.

Common psychological, academic, professional, financial, and social effects of sexual harassment and retaliation:

Psychological stress and health impairment

Decreased work or school performance as a result of stress conditions; increased absenteeism in fear of harassment repetition

Firing and refusal for a job opportunity can lead to loss of job or career, loss of income

Having to drop courses, change academic plans, or leave school (loss of tuition) in fear of harassment repetition and/or as a result of stress

Being objectified and humiliated by scrutiny and gossip

Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack.

Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if he or she is "worth" the sexual attention or the risk to the harasser's career)

Defamation of character and reputation

Loss of trust in environments similar to where the harassment occurred

Loss of trust in the types of people that occupy similar positions as the harasser or his or her colleagues, especially in case they are not supportive, difficulties or stress on peer relationships, or relationships with colleagues

Effects on sexual life and relationships: can put extreme stress upon relationships with significant others, sometimes resulting in divorce

Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun him or her altogether)

Having to relocate to another city, another job, or another school

Loss of references/recommendations

Some of the psychological and health effects that can occur in someone who has been sexually harassed as a result of stress and humiliation: depression, anxiety and/or panic attacks, sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of motivation, stomach problems, eating disorders (weight loss or gain), alcoholism, feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self-esteem, withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD), complex post-traumatic stress disorder, suicidal thoughts or attempts, suicide

Uminn research: Women supervisors were 137% more likely to be harassed than females in non-supervisory positions

McLaughlin reported, "This study provides the strongest evidence to date supporting the theory that sexual harassment is less about sexual desire than about control and domination....Male co-workers, clients and supervisors seem to be using harassment as an equalizer against women in power." 

Minimizing the effects

Myths

Most of the conduct is harmless flirtation or just trivial.

People who feel harassed are just thin-skinned.  Or they have no sense of humor.

Some people ask for it, they send signals.

Sexual harassment will go away if you just ignore it.

Most charges are false

It’s inevitable

Interactions are inevitable.  Uninvited sexual overtures are not.

People who feel harassed are just thin-skinned. Or they have no sense of humor.

Fact:

It is true that people don't all react the same way; some people may find a certain behavior unwelcome, while others do not. But a determination of sexual harassment does not rely solely on a subjective judgment as to what is unwelcome or offensive. The courts also enforce an objective standard for determining that conduct is sexual harassment—that is, a reasonable person would also find the conduct unwelcome under similar circumstances. In a civil society, the fact that all people do not react the same way means that we each need to be aware of how our behavior affects others around us.

Myth #4:

Most of this conduct is harmless flirtation or just plain trivial.

Fact:

While the harasser may think it's "all in fun," or "romantic," that is not the way the victim experiences the behavior. Because it is unwanted attention, it commonly results in serious psychological stress or physical illness. The victim may even feel it necessary to make major life changes—like changing majors or changing jobs—in order to avoid the harassment.

Myth #5:

Sexual harassment will go away if you just ignore it.

Fact:

Research has shown that simply ignoring the behavior is ineffective. Harassers like the power and will rarely stop on their own. They may even see silence as agreement or encouragement. And often harassers do not stop with only one victim. So it is important to address the behavior in some way. The director of MU Equity is available to help you figure out what you should do if you're feeling harassed.

Pressure for a dating, romantic, or intimate relationship

Unwelcome touching, kissing, hugging, or massaging

Pressure for or forced sexual activity

Unnecessary references to parts of the body

Remarks about a person's gender or sexual orientation

Sexual innuendoes or humor

Obscene gestures

Sexual graffiti, pictures, or posters

Sexually explicit profanity

Stalking or cyberbullying

E-mail and Internet use that violates this policy

Sexual assault

A supervisor makes sexually explicit comments and propositions the employee.

A female custodian is subjected to derogatory and vicious jokes, pornographic and demeaning cartoons, and naked photos with her name written on them, posted in public view.

A supervisor offers an employee a better job, extra help, or reclassification in return for sexual attention or threatens to take adverse action for refusing.

A coworker repeatedly asks an employee out on a date and makes sexually suggestive comments to the employee.

sexual insults or taunting;
• repeated invitations to go out especially after being refused previously; 

Asking repeatedly about personal sexual conduct

Turning work discussions to sexual topics. 

Sexual innuendos or stories. 

Asking about sexual fantasies, preferences, or history. 

Daily sexual banter, innuendo, and demeaning comments regarding body/clothes

staring or leering at a person or at parts of their bodyWhistling at someone. 

Cat calls. 

 sex-based insults, taunts, teasing or name-calling;
• offensive jokes
•calling Referring to an adult as a girl, hunk, doll, babe, or honey. 

Offensive and pornographic materials sent via email or text messages or stored on computers also constitute a form of sexual harassment.

Sexting

Telling lies or spreading rumors about a person's personal sex life. 

Massage

• flashing or sexual gestures;

 unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them. 

What to do

Tell the harasser that their attention is unwanted and to stop.

Document the harassment, any negative actions, meetings with employer, retaliation.

File a complaint within workplace and inform supervisors.

File complaint with EEOC

“Would a reasonable person, having regard to all the circumstances, have anticipated that the person harassed would feel offended, humiliated or intimidated?”

Take into account power relationship, age, nature of relationship between parties 

Is this something I would say/do if a family member were standing with me? If the person’s partner was present?

What are my prejudices/beliefs that could affect this?

Reasonableness is also determined by weighing all the relevant circumstances which can include the context in which the harassment occurred, the nature of the relationship between the parties and the relative status of those involved in the complaint.

For example, in determining whether a sexually explicit joke constituted sexual harassment a number of factors would be taken into account. The same joke between friends and considered funny may be considered offensive if shared in the workplace or in the classroom.

The power relationship between the parties is given serious consideration when determining the likelihood of sexual harassment. Age, gender, and position are all potential power issues. Sexual harassment can have serious implications for work and study in situations where the alleged harasser is in a position of authority over the person subjected to the behaviour. Therefore, sexual conduct by an older male manager towards a younger female or a person in a junior position would be considered quite differently from the same behaviour between two peers.