Sexual Harassment
• Any unwelcome sexual advance
acceptance of which is made a
condition of continued
employment. (Quid pro quo)
• Any unwelcome sexual advance
or conduct on the job that
creates an intimidating, hostile
or offensive working
environment. (Hostile
Environment)
Examples
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•
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Obscene comments
Coerced sex
Obscene behavior
Refusal of management to
discipline for sexual harassment
• Preference to employee who
consents to advances
Effects
• Effects
– to individual worker
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•
•
•
loss of job
loss of wages and/or position
retaliation
stress
– Women as a group
• limited job options
• reinforcement of patterns of
discrimination
• constant vigilance of women
Legal background
• Civil Rights Act of 1964
– prohibited race, color, religion,
national origin and sex
discrimination
• EEOC prohibits sexual
harassment, 1980
Legal background, 2
• Supreme Court: sexual
harassment is discrimination
– Meritor Sav. Bank v. Vinson 1986
• First monetary damages, 1991
• CA Supreme 2005
– Consensual sex between
supervisor and employee is sexual
harassment under certain
conditions. (Miller v. Dept. of
Corrections)
Legal Definition
Conduct of a sexual nature by
supervisor, co-worker or
customer, which is unreasonable
and is severe and pervasive
and is either a condition of
employment and/or promotion
(quid pro quo) or creates a
hostile environment.
Conduct of a sexual
nature
• Can be verbal or physical
• Examples:
– sexual advances
– outright hostility against women
workers
– lewd pictures, language which
create a sexually poisoned
workplace offensive to many
women employees
“Unreasonable”
• which is unreasonable
– This is not a subjective standard;
the conduct must be objectionable
from the point of view of the
average reasonable person.
– Some courts use the “reasonable
woman” standard.
“severe and pervasive”
• The severity and pervasiveness
of conduct is measured by:
– The frequency of the conduct
– How hostile it is.
– Whether it is committed by a
supervisor, co-worker or
customer.
• Supervisor conduct is worse because
of their power over job.
– Whether others were joining in
– Whether there were numerous
targets
Consensual sex with
subordinate
• Miller v. Dept. of Corrections, CA
Supreme Ct. 2005:
Consensual sexual affair between
supervisor and employee is sexual
harassment if it creates a hostile
environment in which message is
sent to other women employees
That they are sexual playthings
OR
That the only way to get ahead is
through sex.
Employer liability
• Employers are legally liable for
sexual harassment
– by supervisor, whether or not
management knew about it,
– by co-worker, if management
knew or should have known.
Effective policies
• Statement
– that it will not be tolerated
– define prohibited behavior
– spell out penalties
• Training (e.g.CA AB1825)
• Reporting guidelines
• Prompt and confidential
investigation
• Make results known
• Strong policy against retaliation
Confronting sexual
harassment
• Confront harasser
• If harassment continues
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collect evidence
keep a journal
talk with friends and co-workers
contact or organize support group
get a copy of work records
use formal complaint procedures