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Posts Tagged sexual harassment prevention

How to Document Harassment

Apr 10

Posted by admin in Harassment and Discrimination | No Comments

Documenting Harassment or Discrimination Claims

Documentation is very important.  Good documentation will support your position and provide credibility to your claim.  Keep a journal of all the events that contributed to the harassment and/or discrimination. 

 The following should be included in the documentation:

  • Date of occurrence
  • Location
    • Ex: In the company break room at 9:25 amHarassers
    • Ex: Mark Zinnnn was putting money into the candy machine
  • Witnesses
    • Ex: Mary Mrrrty was in the break room and Jeff Grrrty came in at 9:30 am
  • What happened
    • Describe the behaviors in detail, where everyone was located, what words or actions  occurred, who said or did the words or actions, and the result of the behaviors, i.e. you left the room, you cried, etc.
  • Whom you told and what you said afterwards
    • Ex: I told Jes Maeeeiy. I said…
  • Signature
  • Date written

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Sexual Harassment: Sexual Favoritism

Dec 6

Posted by admin in Harassment and Discrimination | No Comments

Sexual Favoritism is defined as unwanted sexual advances which make an employment benefit contingent upon an exchange of sexual favors. Although not a law unto itself, it matches Federal Quid Pro Quo law (this for that).

This type of harassment can occur when employees, who submit to a manager or supervisor’s sexual demands, are rewarded by that manager or supervisor. It is important to note however, that the wronged party(ies) is not the one who submitted, but those who did not and are denied the benefits of the submission. 

In other words, employees who are otherwise denied raises or promotions may claim that they were penalized by the sexual attention directed at the favored coworkers.

Examples:

Use of Power

  • Using position to request dates, sex, etc.
  • Propositioning an individual
Positive Response Results
  • Preferential treatment, favorable reviews
  • Raise
  • Promotion
  • Paid time off, etc.
Negative Response Results
  • Threats, unfavorable reviews
  • Unreasonable workload
  • Demotion
  • Loss of job

How has the court ruled in these cases? 

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Sexual Harassment: Hostile Environment

Dec 5

Posted by admin in Harassment and Discrimination | No Comments

A Hostile Environment occurs when unwelcome sexual conduct ruins an employee’s work environment.
 
When this occurs the behavior or its effect unreasonably interferes with work performance and/or creates an intimidating, hostile, or offensive environment either at work or at company-sponsored events. The behavior must be unwelcome and in most cases repeated.
 
Types of sexual harassment includes:
 
Verbal
  • Repeated unwanted requests for dates
  • Discussing personal lives or sexual practices
  • Sexually explicit or degrading words
  • Derogatory nicknames, comments, slurs, innuendos
  • Dirty/sexually explicit jokes or teasing
  • Belittling, name-calling
  • Inappropriate forms of address i.e. honey, sweetie, babe, doll, etc.
  • Suggestive or insulting sounds
  • Whistling, catcalls
  • Graphic/verbal comments about another’s dress or body
  • Encouraging or requiring an employee to wear suggestive clothing
Written
  • Unwanted emails, text messages, love poems, love letters, cards
  • Obscene poems or limericks

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Sexual Harassment: Quid Pro Quo

Dec 5

Posted by admin in Harassment and Discrimination | No Comments

quid_smThe Civil Rights Act of 1964 makes it illegal to discriminate on the basis of race, color, religion, age, national origin, and sex. Federal law is broken into two categories: Quid Pro Quo and Hostile Environment.

Quid Pro Quo means this for that. In other words, something is given in return for something else. This category of sexual harassment includes:

unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature.

The caveat here, however is that this harassment occurs when this conduct is tied to either explicitly or implicitly to the employee’s employment. In other words, accepting or rejecting the harassment effects employment decisions regarding the employee.

Example:

Quid Pro Quo occurs when a manager or supervisor makes unwelcome sexual advances toward an employee and either states or implies that the employee must submit in order to keep his or her job or to receive a raise, promotion, or job assignment. This can only occur when the harasser has authority over the employee.

Employers are at great risk as this type of harassment need only occur once. This type of harassment does not have to meet the “unwelcome and repeated” requirements of the hostile environment law.

The courts have ruled that even if an employee submits to the demands and receives promotions, raises, etc. a case still exists. In addition, the supervisor may also be held liable.

justice_smCourt Case

 

EEOC AND TANIMURA & ANTLE SETTLE SEXUAL HARASSMENT CASE IN THE AGRICULTURAL INDUSTRY

SAN JOSE, CALIFORNIA — The United States Equal Employment Opportunity Commission and Tanimura & Antle, one of the largest lettuce growers/distributors in the United States, announced today that they reached a $1,855,000 voluntary settlement, approved by U.S. District Court Judge James Ware in San Jose, California.

In its federal court complaint, the EEOC alleged that a Tanimura & Antle production manager subjected a female employee, Blanca Alfaro, to quid pro quo sexual harassment, i.e. required sexual favors as a condition for employment and the receipt of job benefits. The EEOC alleged that Alfaro was subsequently subjected to a hostile work environment, which included constant unwelcome sexual advances by that production manager and another management employee. The Commission further alleged that Alfaro was discharged in retaliation shortly after complaining about the unwelcome advances.

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