Sexual Harassment
Prevention
ANNUAL TRAINING
What is Sexual Harassment?
Harassment on the basis of:

sex
 sexual
orientation
 self-identified
or perceived sex
 gender
expression
 gender
identity
 the
status of being transgender
What is Sexual Harassment?
 Unwelcome
conduct of a sexual nature
 Conduct
that has the purpose or effect of
unreasonably interfering with work
performance
 Conduct
that creates an intimidating,
hostile, or offensive work environment
What is Sexual Harassment?


Can happen to anyone

Employee

Intern

Independent Contractor

Supervisor

Men, Women, Gender Fluid & Tran Folx

Intended target or bystander
Can be perpetrated by anyone

Co-worker

Supervisor or Boss

Board Member

Client

Contractor
Where can it happen?

At the workplace

At a work-related function

At a private or non-work setting

During or outside of work hours

Online, Texts, Calls
When is it Unlawful?
 Subjects
a person to inferior terms,
conditions, or privileges of employment
Conduct
that is made explicitly or implicitly
a term or condition of employment
Submission
or rejection of such conduct is
used as the basis for employment decision
affecting an individual’s employment
When is it Unlawful?
 In
New York doesn’t need to be “severe or
pervasive” to be unlawful
 Only
considered lawful when
Shown
to be no more than “petty slights or
trivial inconveniences”
Types of Sexual Harassment?
 Hostile
 Quid
 Sex
Environment
Pro Quo
Stereotyping
Hostile Environment
 Sexual
or discriminatory displays or
publications in the workplace
Pictures,
Posters, Calendars, Graffiti,
Objects, Promotional Material, Reading
Material, Pornographic Material
On
work computer, on work cell phone, on
any device if it’s being shared while in the
workplace
Hostile Environment
 Sexually
jokes
oriented gestures, noises, remarks,
 Remarks,
jokes, or comments about a
person’s sexuality, gender, or sexual
experience
 Bullying,
yelling, name-calling
Hostile Environment

Rape, sexual battery, molestation, or attempts to
commit these acts

Physical acts of a sexual nature

Touching

Pinching

Patting

Grabbing

Kissing

Hugging

Brushing Against

Poking
Hostile Environment
 Sabotaging
a person’s work
 Interfering
with a person’s ability to
perform the job

Destroying or Damaging Workstation

Destroying/Damaging Tools

Interfering with Equipment
Quid Pro Quo
 Between
authority
 When
employee and someone with
a person in authority trades or tries
to trade job benefits for sexual favors
Quid Pro Quo
 Offering/granting
or opportunities
 Threatening
 Denial
better working conditions
adverse working conditions
of opportunities
 Retaliating
for refusing to engage in a sexual
relationship
 Using
pressure, threats, or physical acts to
force a sexual relationship
Sex Stereotyping

When conduct, appearance, or personality traits
are considered inappropriate simply because they
don’t conform to ideas of how any sex or gender
should act or look

Harassment because the person doesn’t conform
to gender stereotypes

Harassment because someone is performing a job
that is, or in the past was, usually performed by
people of a different sex or gender
Your legal rights
 NY
Law protects:
Employees
Paid
Interns
Unpaid
Interns
Non-employees
providers)
(contractors, service
Your legal rights
 Protection
from Retaliation
 Retaliation:
 Any
action taken to alter an employee’s terms and
conditions of employment
 Any
adverse action that could discourage a
reasonable worker from making a complaint
 Need
 May
not be job-related or occur in the workplace
happen after end of employment
Your legal rights

Protected Activity:
 Making
a complaint to supervisor or designated person
 Making
a report of suspected harassment
 Filing
a formal complaint
 Opposing
discrimination
 Assisting
another employee who is complaining of
harassment
 Providing
information during a workplace investigation of
harassment
Mandated Reporting
 Supervisors
and managers are required to
report any harassment that is reported to them
or which they observe
 Even
if no one is objecting to the harassment
 Even
if the supervisor thinks the conduct is
trivial
 Even
if the harassed individual asks that it not
be reported
How to Report
 Report
to a supervisor or manager
 Complete
a report/complaint form or make
a verbal complaint
 If
the offending party is your supervisor or
manager, report directly to their superior, a
board member or other employee
Additional Remedies
 Employees
may choose to pursue outside
legal action
 Complaint
alleging violation f Human Rights
Law to DHR or NY Supreme Court
 Complaint
filed with EEOC anytime within
300 days from alleged harassment
Is It Sexual
Harassment?
SCENARIOS
Is it Sexual Harassment?

Joe and Steve are co-workers.
They often talk about their
personal lives. Steve mentions one
day that he is single. The next day
Joe asks Steve if he’d like to go
out on a date with him.

No

Joe is not Steve’s superior

Joe has not said anything sexually
explicit or offensive

The interaction and behavior do
not interfere with Steve’s ability to
do his job
Is it Sexual Harassment?

Mary is up for a promotion. During
the interview, Lisa asks Mary if she
plans to get pregnant any time
soon. Mary is uncomfortable with
this question and tells Lisa that she
does want to have children, but
isn’t sure when she will start trying.
Lisa tells Mary that the next 12
months are not a good time for
someone in this position to be
taking maternity leave and asks
Mary if she’s awarded the
promotion if she can commit to
“holding off” on getting pregnant.

YES

Mary’s reproductive plans are
being questioned because of her
sex

Mary’s reproductive plans are
being used to deny her benefit

Even if Lisa didn’t ask Mary to
commit to “holding off”, it is
implied that becoming pregnant
or taking maternity leave would be
used to deny her this promotion

Pregnancy discrimination is Sexual
Harassment
Is it Sexual Harassment?

Ayaz and Laqisha talk every day
at lunch, in the break room, about
their dating lives, including graphic
details about what sexual positions
they enjoy. Ruth is sometimes
eating her lunch in the break room
at the same time. She is not
involved in the conversation, but
can often hear what they are
talking about and it makes her
uncomfortable.

YES

Even though she is not the
intended recipient of this
information, she is still being
subjected to it

The subject matter is sexual in
nature

These discussions are happening
within the workplace

This creates a hostile environment
for Ruth
Is it Sexual Harassment?

Antonia works as a receptionist in
a law firm. The law firm has a dress
code of “professional business
attire.” Antonia show up every day
dressed in business slacks, a
button-up shirt, flat dress shoes,
and occasionally a tie. Antonia’s
supervisor tells Antonia that this
attire is inappropriate for the
position. The appropriate attire for
women is a dress or dress suit with
heels. Antonia’s supervisor informs
Antonia that if Antonia doesn’t
correct this behavior, Antonia will
be subject to a formal write-up.

YES

Antonia’s boss is sex stereotyping

Antonia is being expected to dress
a certain way because of her
perceived gender

Antonia is being held to a different
standard because of her
perceived gender (being
expected to wear specific clothes,
instead of simply complying with
the dress code)
Is it Sexual Harassment?

Abe is Ling’s supervisor at the
grocery store. Abe and Ling have
a similar sense of humor and often
flirt at work. One day, when they
are out getting drinks, Abe tries to
kiss Ling. Ling declines Abe’s
advance. Abe asks Ling if she’s
sure, letting her know that Jess has
been looking for more shifts and
he might have to start taking shifts
from Ling to give some to Jess.

YES

Abe is engaging in Quid Pro Quo
sexual harassment

Abe is threatening to
demote/compromise Ling’s pay
unless she engages in sexual
activity with him

Even though it occurs outside of
work and Ling flirts with Abe, Abe is
still her supervisor, and this
behavior still effects Ling’s
condition of employment
Is it Sexual Harassment?

Maeve is a case worker at a
housing discrimination non-profit.
Maeve is helping Jeff with his
discrimination complaint against
his former landlord. Jeff often
comments on Maeve’s
appearance and states that no
landlord would ever refuse to rent
to such a beautiful woman. Jeff
sometimes brushes Maeve’s hand
or side when he’s standing near
her and one time “accidentally”
touched her behind when they
were in an elevator

YES

Jeff is making unwanted
comments of a sexual nature

Jeff is touching Maeve in a sexual
way

Even though Jeff is a client, and
not an employee, it is happening
within a work setting for Maeve
and creating a hostile work
environment for her