1
Florida Heart CPR*
Sexual Harassment In the Workplace
2 hours
Learning Objectives:
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To understand the definition and terminology associated with sexual harassment;
To recognize those actions that could be considered sexual harassment;
To apply the skills necessary to prevent and stop sexual harassment;
To determine what situations are, or could develop into, a sexual harassment
problem;
To understand agency-specific complaint and disciplinary procedures. * (see
note below)
While many states' policies regarding sexual harassment prevention is uniform as set
forth in each agency has its own policy statement and guidelines for investigations. We
strongly recommend that you check your agency's policy and specific information
regarding such issues as complaint procedures and disciplinary measures. This course
does not constitute legal advice. If you have a legal question, please direct it to a
member of your state's bar association.
1. What does the term sexual harassment mean to you?
Sexual harassment is any unwanted verbal or physical advances, sexually explicit
derogatory statements, or sexually discriminatory remarks made by someone in the
workplace which is offensive or objectionable to the recipient or which causes the
recipient discomfort or humiliation or which interferes with the recipient's job
performance.
2. How is sexual harassment different from sexual discrimination?
Sexual harassment is a kind of sexual discrimination. Sexual discrimination is when a
particular sex is treated differently from those of the other sex.
3. Examples of sexual harassment.
Visual (pictures, posters, magazines, calendars, etc.)
Verbal (repeated requests for dates, lewd comments, sexually explicit jokes, whistling
etc.)
Written (letters, e-mail messages etc.)
Some other examples are:
Offensive gestures
Subtle pressure for sexual activities
Unnecessary touching, patting, pinching, kissing
Leering or ogling
Brushing up against another's body
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Sexual Harassment in the Workplace
2
Promise of promotions, favorable performance evaluations, etc. in return for sexual
favors, known as QUID PRO QUO or "This for that."
4. What is the impact of sexual harassment in the workplace?
We are all affected by sexual harassment in the workplace:
The recipient feels victimized.
The unit experiences a decrease in productivity.
There may be time and attendance problems.
There may be loss of employment or suspension for the harasser.
The agency may incur legal fees and possible law suit.
Time is taken away from the job to investigate claims.
It creates an uncomfortable work environment.
Defining Sexual Harassment:
What is Sexual Harassment?
Sexual harassment is any unwanted verbal or physical advances, sexually explicit
derogatory statements, or sexually discriminatory remarks made by someone in the
workplace which are offensive or objectionable to the recipient or which cause the
recipient discomfort or humiliation or which interfere with the recipient’s job
performance.
Click on the linked words for additional information.
Sexual Harassment may include:
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visual harassment: posters, magazines, calendars, etc.
verbal harassment or abuse: repeated requests for dates, lewd
comments, sexually explicit jokes, whistling, etc.
written harassment: love poems or letters, graffiti
offensive gestures
subtle pressure for sexual activities
unnecessary touching, patting, pinching or kissing
leering or ogling
frequent brushing up against another’s body
promise of promotions, favorable performance evaluations, etc. in
return for sexual favors
demanding sexual favors accompanied by implied or overt threats
to a person’s job, promotion, performance evaluation, etc.
physical assault, rape.
The first step towards eliminating sexual harassment from the workplace is prevention.
EVERYONE should take steps to prevent sexual harassment from occurring in the first
place.
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Sexual Harassment in the Workplace
3
Sexual Harassment Policies
Harassment policies differ significantly based on each practice's needs. Here are just
two examples. The first is a sample policy created. The second is a portion of a
personnel policy used in a family practice. None of this is intended in anyway to replace
the advice you may need from legal counsel, nor is it intended as legal advice. It is an
example only.
A sample harassment policy
The XYZ medical group is committed to providing and maintaining a workplace free of
any type of harassment, including harassment on the basis of an individual's race, color,
ethnicity, national origin, age, religion, gender, sexual orientation or other legally
protected characteristics. In keeping with this commitment, we will not tolerate
harassment of XYZ medical group employees by anyone, including any physician,
manager, co-worker, vendor or patient.
The XYZ medical group will not create or tolerate a hostile work environment or
harassment in any form - verbal, physical or visual. Management will not use its
authority to harass employees, take or fail to take personnel action as a reprisal against
an employee for resisting or reporting any act of harassment, or tolerate any
harassment, verbal or physical, of an employee toward another employee. Anyone who
engages in such conduct will be subject to discipline up to and including immediate
discharge. All managers are responsible for regularly reminding employees of this
policy, and all are responsible for ensuring that this workplace is free of harassment.
The XYZ medical group feels that the prevention of sexual harassment deserves special
attention. Unwelcome sexual advances, requests for sexual favors and other physical,
verbal or visual conduct based on sex constitute sexual harassment when submission
to the conduct is a condition of employment, submission to or rejection of the conduct is
used as a basis for employment decisions, or the conduct unreasonably interferes with
an individual's work performance or creates a hostile, intimidating or offensive work
environment.
Under this policy, sexual harassment includes the following:
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Florida Heart CPR*
Unwelcome sexual advances or invitations to engage in sexual
activity;
Unwelcome invitations or pressure to engage in sexual activity as a
condition of employment or promotion;
Verbal or physical conduct of a sexually harassing nature, including
nonconsensual touching or an act of physical aggression that
creates a hostile work environment;
Sexual Harassment in the Workplace
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Nonverbal conduct, such as a display of sexually suggestive
objects or pictures or obscene gestures (including computer
accessing or downloading of sexually suggestive files).
All XYZ employees are responsible for helping to prevent harassment of any kind.
Management will investigate complaints or allegations of harassment or improper verbal
or physical conduct to determine if the conduct is interfering with the employee's work
performance or is creating an intimidating, hostile or offensive work environment.
Employees may raise concerns and make reports of harassment without fear of reprisal.
Any employee who feels that he or she has witnessed any type of harassment or has
been subjected to any type of harassment must use the following complaint procedure:
1. Any harassment complaint by you should normally be
reported to your manager. If your manager is unavailable or you
believe that it would be inappropriate to contact that person, the
complaint should be reported to the XYZ medical group
administrator.
2. When you report a complaint, you will be asked to provide a
signed and dated sworn statement that details as specifically
as possible the alleged harassment. If possible, the written
statement should include the dates of the alleged harassment, the
number of times it occurred, an explanation of what happened,
whether the alleged harasser was told that the conduct was
unwelcome, and what harm resulted from the alleged harassment.
3. The XYZ medical group administrator will normally investigate
harassment complaints. Every effort will be made to begin
investigating complaints within 24 hours. The investigation will
include, but is not limited to, interviewing the complaining party, the
alleged harasser and any other personnel as required to obtain
sufficient, factual information upon which a determination can be
made. All employees must cooperate with the investigation. Failure
to do so may result in immediate discharge
4. The XYZ medical group will protect all victims and witnesses
as much as possible. All complaints and investigations will be
treated in as confidential a manner as possible. Written statements
will be sworn to, and interviews may be recorded.
5. If the investigation concludes that harassment has occurred,
the administrator will report his or her findings along with a
recommendation to the managing physician, and the XYZ
medical group will take prompt remedial measures to
immediately end the offending misconduct. An employee who
engages in harassment will be subject to discipline up to and
including immediate discharge.
6. The complaining party will be advised of the final disposition
of the complaint. If you should have any questions about the XYZ
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Sexual Harassment in the Workplace
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medical group policy regarding harassment or the procedure for
reporting complaints, please contact your manager or the XYZ
medical group administrator.
Defining Sexual Harassment: Terminology Feedback
Quid Pro Quo: This for that. It refers to situations in which submission to sexually
harassing conduct is made a term or condition of employment, or in which submission
to, or rejection of sexually harassing conduct is used as the basis for employment
decisions affecting the individual who is the target of such conduct.
An example is:
Promising a promotion in exchange for continuing a relationship.
Hostile Environment: Unwelcome and demeaning sexually related behavior that creates
an intimidating, or offensive work environment.
An example is:
Listening to coworkers talk about their sex lives.
Retaliation: Negative action taken by the alleged harasser when the employee refuses
requests for sexual favors, or reports the harassing behavior to a higher level.
An example is:
Refusing time off after a sexual harassment complaint is filed.
Reasonable Person’s Standard: A hostile work environment must be judged from the
perspective of a reasonable person. The standard considers the perspective of the
person being harassed and NOT stereotyped ideas of acceptable behavior.
An example is:
Most people would have the same perspective on the same issue.
On a scale of 1 - 10, with one (1) representing harmless and ten (10) representing
offensive, you indicated your personal reaction to the following behaviors:
1. An outside employee calls you honey.
2. Coworkers continuously use obscene language in the lunch room.
3. A picture of someone dressed in a thong bikini sits on your coworker’s desk.
4. An employee loudly discusses her love life on the phone.
5. You are told that you may be passed over for a promotion if you refuse a sexual
advance.
6. A person in another department comments on the sound of your voice on the
telephone.
7. A supervisor massages your shoulders.
8. Dirty jokes and cards get passed around the office.
9. A supervisor tells you of his or her sexual fantasies about you.
10. Your boss grabs you tightly and kisses you.
The purpose of this exercise was to make you aware that people have very different
opinions when it comes to labeling behaviors harmless or offensive.
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Sexual Harassment in the Workplace
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The basic point to keep in mind is that any unwanted abusive conduct directed to one
gender in the workplace can be sexual harassment. The activity does not necessarily
have to relate to sexual activity. Further, inappropriate, offensive behaviors are labeled
by the recipient, regardless of how they are intended.
You should never minimize a person’s complaint about offensive behavior.
Regardless of intent, an action is sexual harassment if it is:
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Deliberate
Repeated
Sexual in Nature
Unwanted
Not asked for and not returned
Remember: INTENT... the purpose behind the action and IMPACT... the impression of
another’s actions.
Case Study 1:
Understanding Sexual Harassment:
One of the Gang
Shirley with coworkers at a conference table. Shirly appears irritated, rolling her eyes to
the side.A woman was recently promoted to an engineering position in a regional office.
The office is predominantly male. In fact, many of the employees have worked together
for up to 20 years. On Monday mornings, the engineers meet to review work
assignments for the week.
It is Monday morning and although Shirley has attended several of these meetings, she
dreads going into the conference room. The common practice in the office is that the
employees discuss their weekend endeavors as part of the pre-meeting discussions.
The talk centers on their sexual exploits and is very crude.
Shirley is very uncomfortable, and has tried on several occasions to express her
feelings to her coworkers. However, the workers feel that their conversations are not
directed at Shirley and brush off her comments by stating she is too sensitive.
Understanding Sexual Harassment: One of the Gang
Question One Feedback
1. How would you assess this situation?
Possible Solutions
Florida Heart CPR*
Feedback
Sexual Harassment in the Workplace
7
A. Shirley should try to be
more reasonable. Her coworker’s comments aren’t
intended to offend her,
and she is being overly
sensitive.
Everyone has a right to be comfortable
in his or her workplace. A “reasonable
person standard, ” which adopts a
reasonable “victim’s” perspective, is
used as the basis for the assessment.
All inappropriate workplace behavior
must be stopped – even if the offended
individual is in the minority. These
situations can be difficult when an
established culture has allowed certain
behavior to take place.
B. This behavior is clearly
Offensive behavior that is serious
sexual harassment.
and/or pervasive enough could create a
Shirley has tried to
hostile work environment. In this
express her feelings of
scenario, the offended individual has a
discomfort. Her coresponsibility to speak up and send a
workers should face
clear message to the offending parties.
disciplinary action.
This can be done directly or by
someone speaking on behalf of the
“recipient.” The goal is for the offensive
behavior to end. If it continues, the coworkers could face disciplinary action
for sexual harassment and could
expose the employer to liability.
C. The co-workers’ behavior People must be reminded that offensive
is inappropriate for the
behavior is defined by a “reasonable”
workplace. Even though recipient. In third party situations,
their comments are not
people are often unaware that their
directed at Shirley, they behavior is causing someone to be
are offensive and must be uncomfortable in the workplace. Quite
stopped.
often, once a situation is brought to
their attention, those accused are
embarrassed and will stop the behavior.
If the request is ignored, the co-workers
could be guilty of creating a hostile
environment.
The best answer for this question is choice C.
Understanding Sexual Harassment: One of the Gang
Question Two Feedback
2. What would you do to resolve this conflict at the lowest level?
Florida Heart CPR*
Sexual Harassment in the Workplace
8
Possible Solutions
A. Speak directly to the coworkers and tell them
you are offended and
uncomfortable with their
pre-meeting
conversations.
Feedback
People are often unaware that their
behavior is making someone
uncomfortable and will stop once they
are informed. If you are unable to speak
directly to the offending party, or, if you
feel that you have been unsuccessful,
talk with someone who can help send a
clear message. The goal is for the
offensive behavior to end. If it continues
or becomes worse after putting the
offending parties “on notice,” disciplinary
action should be considered.
B. Ignore the comments. Some people may have difficulty
They aren’t directed at addressing offensive behavior for fear of
you.
being labeled. However, ignoring things
will not make them go away. Assess the
behavior that is making you feel
uncomfortable. If it is negatively affecting
your job performance, you have a
responsibility to take action. Speak up.
The offending parties might be unaware
of the effect of their behavior.
C. File a written complaint Everyone has the right to file a written
to assure you are taken complaint without fear of retaliation. This
seriously.
step obligates your employer to conduct
a formal investigation. If you are
considering this action, to understand
how the process will work, follow the
steps outlined in your agency’s sexual
harassment prevention policy.
The best answer for this question is choice A.
Understanding Sexual Harassment:
One of the Gang Conclusion
Florida Heart CPR*
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Remember that everyone has a responsibility to create and
maintain a respectful work environment.
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Avoid behavior that has sexual overtones.
Sexual Harassment in the Workplace
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Consider the effect of your words or actions on third party
recipients.
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Don’t ignore behaviors that make you feel uncomfortable. Speak up
and do your part to resolve situations at the lowest level possible.
Case Study 2:
Understanding Sexual Harassment:
No Thank You
For the past several weeks, Carlos has repeatedly asked Tiffany to go out on a date.
Tiffany has refused each time. Today, Carlos invited her to lunch. When she informed
him of previous plans, he proposed going out after work instead. It’s to the point where
the sound of his voice makes her tense.
Tiffany – “He doesn’t take no for an answer. Why can’t he just leave me alone?”
Carlos – “I think she’s playing hard to get - and I was raised to keep trying until she
gives in.”
Understanding Sexual Harassment:
No Thank You Question One Feedback
1. How would you categorize this interaction?
Possible Solutions
Feedback
A. A cultural
We have all been raised to view and
misunderstanding. Carlos’ practice life differently. Sex, race,
mantra is “if at first you don’t ethnicity, age, religion and
succeed, try, try again!”
communication style are examples of
cultural differences that affect
workplace relationships. While we
must acknowledge and respect
people’s cultural differences, we also
have a responsibility to respect the
boundaries of others.
B. Could be perceived as
Unwanted requests for dates can be
harassment. Carlos has
an example of subtle sexual
continued to pursue Tiffany harassment. In this scenario, the
in spite of her turning down actual dialogue between the two
previous requests to date
parties must be assessed to
him.
determine how the request to date
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Sexual Harassment in the Workplace
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was refused. If, after a clearly
communicated message the
unwanted behavior continues, it must
be viewed in the context of whether a
reasonable person would find that the
conduct created a hostile or abusive
work environment.
C. Miscommunication. Carlos In this scenario, Tiffany may believe
is expressing his attraction she is clearly refusing her co-workers’
to Tiffany and is unaware of requests for dating – while Carlos
her discomfort.
believes he is getting closer to a “yes”
answer. Although Tiffany may think
her negative tone of voice and body
language speaks for itself, Carlos
may not be paying close enough
attention to notice.
The best answer for this question is choice B.
Understanding Sexual Harassment:
No Thank You Question Two Feedback
2. What is the best way to resolve this situation?
A.
B.
Possible Solutions
Be direct. If Carlos
still doesn’t get the
message, report
the conduct to a
higher level.
Feedback
When refusing a request for a date, being
blunt may be the only way to get a
message across. Making excuses and
trying to let a person “down easy” may be
misinterpreted. Open, honest
communication can avoid
misunderstandings as well as claims of
sexual harassment. If you are unable to
stop the behavior, report it and let
someone at a higher level intervene on
your behalf.
Enough is enough! Everyone has the right to file a written
File a sexual
complaint without fear of retaliation. This
harassment
step obligates your employer to conduct a
complaint.
formal investigation. If you are considering
this step, to understand how the process
will work, follow the procedures outlined in
your agency’s sexual harassment
prevention policy.
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Sexual Harassment in the Workplace
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C.
Give in and accept
the date. It will get
the person off your
back and, who
knows? It might be
fun!
A key word in the definition of sexual
harassment is “unwanted.” Accepting a
date for the wrong reasons can make a
situation more uncomfortable in the long
run. Repeated requests for dates could be
considered sexual harassment if they are
interfering with your job performance. Say
“no” if you’re not interested. Involve
someone at a higher level if you are
unable to resolve the situation yourself.
You have a right to be comfortable in your
workplace.
The best answer for this question is choice B.
Understanding Sexual Harassment:
No Thank You Conclusion
*Sexual harassment includes unwanted verbal behaviors of a sexual nature.
*Repeated requests for dates can be sexual harassment even if there is no intent to
make a person uncomfortable.
*Clear communication can help to establish boundaries and avoid misunderstandings.
Preventing Sexual Harassment: Checklist
Be serious about stopping and preventing sexual harassment. Don’t let negative
attitudes about people come out at work. Remember it is your responsibility to do your
work and follow the policies and procedures of your employer. In the case of sexual
harassment, it could cost your employer a great deal of money in a court case. And, it
could cost you your job!
When you are at work remember to:
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Florida Heart CPR*
Avoid behavior that has sexual overtones, including:
o Complimenting a person's body.
o Asking questions about a person's sex life.
o Asking to date someone who has repeatedly said no.
Keep your work area decorated appropriately. There should not be
posters, pictures or other items that some people could find
offensive.
Don't use sexual humor.
Don't go overboard at office parties, picnics, or after work
socializing - especially when alcohol is involved. You still have to
work with these people. Your agency could be liable for damages
even outside of work. Don't take the risk.
Sexual Harassment in the Workplace
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Remember the rules of proper conduct to your agency's customers,
vendors, suppliers, etc. Don't harass any of them or let them harass
you.
Supervisor Responsibility
Supervisors can follow six steps to eliminate existing sexual harassment and set the
stage for preventing it in the future:
Know your specific department’s sexual harassment policy.
Be a role model for your staff.
Identify potential problems and address them promptly.
Create an open door policy where people feel comfortable confiding
in you.
5. Maintain confidentiality to the extent possible.
6. Take action on all complaints even if recipient asks you not to.
1.
2.
3.
4.
Supervisor Liability
Supervisors may be held liable in the following circumstances with regard to sexual
harassment:
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when a complaint is made to them.
when they see or hear about behavior that may be offensive.
when they see or hear about behavior they know is sexual
harassment.
when they engage in behavior that is sexually harassing.
when they delay in taking action.
when they fail to take action.
Be aware of the following:
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The more severe the behavior is, the fewer times it needs to be
repeated before it is considered sexual harassment.
The more severe the behavior is, the less responsibility the receiver
has to speak up.
Supervisors may be held personally liable for acts of harassment
they commit against another individual.
It is your responsibility to take action if you know, or should have known, about
questionable behavior in your workplace - even if an employee does not complain to
you about sexual harassment.
Remember, if an employee does not complain to you about sexual harassment, but you
knew or should have known it was occurring, it is still your responsibility to take action. If
you become aware of questionable behavior, even if there is no complaint, you must:
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Sexual Harassment in the Workplace
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Take immediate and corrective action.
Document action taken.
Communicate actions taken to the affected employee and explain
what he or she should do if the problem should occur again.
Maintain confidentiality to the extent possible; information about the
incident should be shared on a need to know basis.
Dealing with Sexual Harassment: The Non-Employee
A female repairperson, Desiree, is frequently called to service the copy machine. The
key operator, John, has been subjected to overt sexual advances by Desiree. The last
time Desiree was in to service the machine, John was refilling the paper tray and felt her
brush up against him. Although he finds her attractive, he’s unsure of how to handle the
unwanted attention.
Bringing Closure
Closure must be brought to all suspected, alleged, or resolved sexual harassment
incidents, regardless of the outcome.
As you read the following situation, consider the following questions:
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What steps can you, as a supervisor, take to begin the healing
process after a claim of sexual harassment?
Regardless of how far an incident progressed, the workplace is
affected. What can you do to reestablish some sense of normalcy?
Sometimes claimants and alleged harassers must continue to work
together after an incident. Is there anything you can do to initiate
dialog between the involved parties?
What additional steps can supervisors take to create and maintain
an environment free from hostility?
Example 1:
There was recently an incident in your office concerning two subordinates. The issue at
hand involved unwanted, repeated requests for dates, lunch meetings, touching
(shoulder rubs), verbal innuendoes (you really look like you need to relax).
The recipient confided in you about the incidents but asked you not to do anything.
Talking about it made the person feel better.
As a supervisor, you felt you had to address the issue with the alleged harasser. The
person in question admitted the behavior, stated that it was never intended to cause
discomfort, and would stay away from the complainant.
You would like to bring closure to the incident so you have asked the complainant to
meet with you to discuss how things are going.
Supervisor – “Hey, John. I noticed you and the copy machine repairwoman in here the
other day. Was she coming on to you?”
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Sexual Harassment in the Workplace
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John (employee) – “I'm not sure what's up. Desiree's attractive and all, but I have a
girlfriend. Besides, I'm not used to being hit on by someone who doesn't even work
here!”
Supervisor – “Well, this type of behavior does not belong in the workplace. You need to
let Desiree know that you are not interested. If the behavior continues I will take the
appropriate steps to make sure it does not happen again.”
Dealing with Sexual Harassment: The Non-Employee
Question One Feedback
1. How would you assess this situation?
You
Possible Solutions
Selected
A.
This is a moot point because
the behavior in question is
being exhibited by a nonemployee.
Actually, sexual harassment can involve nonemployees when the employer knew, or should
have known, of the inappropriate behavior and
did not attempt to stop it.
B.
Desiree’s behavior appears
to be sexual in nature and is
unwanted. This can be an
example of sexual
harassment.
Sexual harassment occurs when unwelcome
behavior on the basis of sex affects a person’s
job and makes the employee feel
uncomfortable. The harasser does not have to
be an employee.
C.
It appears that John hasn’t
said or done anything to stop
Desiree’s behavior. He may
be flattered by the attention.
Men may feel uncomfortable being
approached by women in the workplace, but
feel awkward reporting it. Although some men
may view sexual attention as flattery, they may
also be victims of sexual harassment.
Feedback
The best answer for this question is choice B.
Dealing with Sexual Harassment:
The Non-Employee Question Two Feedback
2. Having observed the interaction between the employee and the
repairperson, what action would you take?
You
Possible Solutions
Feedback
Selected
A.
If the behavior appeared Supervisors have a responsibility to pay attention to
Florida Heart CPR*
Sexual Harassment in the Workplace
15
B.
C.
to be mutual flirting, leave how the work gets done, and how people relate to
it alone.
each other, to determine if these factors could
contribute to sexual harassment. If you witness
behavior (including overt flirting between two
“consenting parties”) that you feel is or could be
offensive, you are obligated to take action. You may
be able to resolve situations at a low level by
personally addressing the inappropriate behavior
and focusing on productivity. If the situation involves
a non-employee or you are unsure of how to handle
something, follow your agency’s protocol.
Mind your own business Employers, including supervisors, can be held liable
unless the employee
in instances where they knew, or should have
expresses discomfort
known, inappropriate behavior was taking place, but
about the repairperson’s failed to take action. It is your responsibility to
behavior.
address questionable behavior in your workplace –
even if an employee doesn’t complain. You might
speak to the employee about what you witnessed.
Consider what, if any, further action needs to be
taken. Consult with the appropriate parties
according to your agency’s sexual harassment
prevention policy unless you are absolutely sure of
how to handle a situation.
Report the situation in
accordance with your
agency’s sexual
harassment prevention
policy.
Taking action includes stopping a behavior, taking
steps to prevent an occurrence, documenting what
you saw or did, and communicating to the
appropriate parties. Anytime you are unsure of how
to handle a situation that is or could be sexual
harassment, it is best to seek advice at a higher
level. Follow your agency’s sexual harassment
policy.
The best answer for this question is choice C.
Dealing with Sexual Harassment: The Non-Employee
Conclusion
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Florida Heart CPR*
Men can be victims of sexual harassment.
The harasser need not be an employee.
Staff must be encouraged to report improper conduct of nonemployees such as vendors, contractors, clients and customers.
Sexual Harassment in the Workplace
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Employers can be held liable for the actions of non-employees if
they knew, or should have known, that inappropriate behavior was
taking place, but failed to take steps to end it
Dealing with Sexual Harassment: This for That
A new position has been created within a State agency and a female employee, Brooke,
is up for promotion to that position. Brooke’s supervisor, Owen, will make the final
decision as to who should receive the promotion.
Brooke has always known that Owen has had a “crush” on her. However, it wasn’t until
recently that Brooke realized that Owen’s feelings for her were more than a crush. For
the past month, Owen has invited Brooke out for a drink after work. Brooke has politely
refused the invitations and even mentioned that she was engaged and did not feel
comfortable accepting. Brooke noticed that Owen’s invitations were more frequent and
persistent after he received a notice from personnel that he had the approval to fill the
position.
The next day, Owen calls Brooke into his office.
Owen – “Brooke, it is Friday and you have worked hard all week, how about you and I
going out for a drink after work?”
Brooke – “No, thank you, I have plans with my fiancé, Joe.”
Owen (jokingly) – “Oh, come on, you'll have a good time. You know if you're not nice to
me, I'll have to remember that when we interview for your promotion (Owen laughs.)”
Dealing with Sexual Harassment: This for That — Question
One Feedback
1. How would you assess this situation?
You
Possible Solutions
Selected
A.
Brooke is overreacting.
Florida Heart CPR*
Feedback
Brooke is in line for a promotion. Someone in a
position of authority responds negatively when his
request for a sexual favor is denied. Owen further
implies that Brooke’s promotion may be in jeopardy.
Ultimately, he refuses to address a work-related
question. Therefore, an objective look at the entire
situation would probably reveal that Brooke is not
over-reacting.
Sexual Harassment in the Workplace
17
B.
The supervisor, Owen, Supervisors can be guilty of quid pro quo
is harassing Brooke.
harassment if they try to trade job benefits for sexual
favors. Supervisors can also be guilty of sexual
harassment if their actions are such that they create
a hostile or abusive work environment for their
subordinates. Adverse action taken against
someone who refuses a sexual advance can be
viewed as retaliation. In this scenario, there is a
potential for all three. The totality of the
circumstances must be evaluated to determine if
sexual harassment really took place. In any case,
Brooke feels she is being harassed – which
obligates the employer to take action.
C.
There is a
miscommunication
between Owen and
Brooke.
This scenario could be a miscommunication
between the supervisor and the subordinate.
Owen’s comment could be taken seriously by
Brooke. Even if that was not his intent, the damage
was done when he implied to Brooke that her
rejection would be used as the basis for an
employment decision. It is also possible that the list
of eligible candidates for the upcoming promotion
includes someone more qualified than Brooke.
However if another candidate is selected, it could be
perceived as retaliation. Regardless, supervisors
may be held personally liable for acts of harassment
that they commit against another individual.
Supervisors must continually assess behavior to
determine if their words and/or actions could be
perceived as harassment.
The best answer for this question is choice B.
Dealing with Sexual Harassment: This for That Conclusion
Florida Heart CPR*

Employers can be held liable for allowing a supervisor to create a
hostile environment for subordinates.

Supervisors can be held personally liable for harassment.

Supervisors can be guilty of quid pro quo harassment, even for
implied threats that they never act on.
Sexual Harassment in the Workplace
18

Supervisors are responsible for ensuring that they set a good
example and are sensitive to and respectful of others.
Dealing with Sexual Harassment: I Got Mail
An employee, Marilyn, is sitting at a workstation reading an email message. As she
reads the message a feeling of disgust comes over her.
She has received similar messages over the past few months and on several occasions
has gone to her supervisor to discuss the inappropriate emails. The electronic
messages include offensive jokes and other unwanted messages. Today, it happens to
be a suggestive note from someone she used to date.
As always, the supervisor laughs off the jokes and dismisses the love note as harmless.
After all, “It’s just someone trying to win you back.”
Feeling like she is making too much of the situation, Marilyn decides not to open mail
from certain senders. Later in the day, she learns she has mistakenly deleted a
message containing information critical to a project she’s working on and starts to cry.
Marilyn – “As you know, I rely on email to do my job. But when I open my email, I find a
lot of messages from people in the office that contain offensive jokes or personal notes
about me. They make me very uneasy.”
Supervisor – “Everyone gets email jokes! And I'd think you would be flattered by all the
attention you get from your male coworkers!”
Dealing with Sexual Harassment:
I Got Mail Question One Feedback
1. How would you assess this situation?
You
Possible Solutions
Feedback
Selected
A.
No big deal.
It is true that deleted email files can be restored.
Deleted files can
However, use of office technology (i.e. email, Internet)
be restored.
to send or retrieve love letters, requests for dates,
sexual jokes, and/or suggestive pictures is prohibited
by State and agency policies and can constitute sexual
harassment. The supervisor has an obligation to
create and maintain a harassment-free work
environment, and should intervene immediately.
Florida Heart CPR*
Sexual Harassment in the Workplace
19
B.
The “ex” is
harassing her by
sending suggestive
emails.
Use of office technology to send or retrieve messages
such as love letters or requests for dates is
inappropriate and is prohibited by State and agency
policies. Further, the recipient in this scenario has
complained to her supervisor – which indicates she is
uncomfortable with the emails. The situation also
appears to have interfered with her job performance.
The “ex” sending the messages may be guilty of
sexual harassment. The supervisor has an obligation
to ensure a non-hostile work environment. Failing to
do so may result in disciplinary action.
C.
The supervisor
should be
disciplined for
allowing the
behavior to
continue.
Supervisors can be held personally liable if they delay
or fail to take action in situations where a complaint is
made to them and/or when they see or hear about
behavior that is or could be offensive. They can be
held liable if they engage in behavior that is sexually
harassing. They are also exposing the employer to
vicarious liability when they fail or refuse to act, or act
inappropriately. In this scenario, the supervisor should
have recognized the email issue as inappropriate
workplace behavior – and taken prompt action to
resolve the situation. The supervisor may indeed face
disciplinary action.
The best answer for this question is choice C.
Dealing with Sexual Harassment: I Got Mail Question Two
Feedback
2. What can you do to prevent this situation from happening again?
You
Possible Solutions
Feedback
Selected
A.
Monitor computer
While employers may choose to monitor
usage to discourage
computer usage, there is no guarantee this
inappropriate behavior. strategy will prevent future occurrences.
Reiterating the agency’s “use of technology
statement” along with reminding everyone of
their responsibilities to create and maintain a
harassment-free work environment should be
considered as well.
Florida Heart CPR*
Sexual Harassment in the Workplace
20
B.
Provide sexual
harassment prevention
training with emphasis
on the appropriate use
of office technology.
Training is an excellent way to ensure that all
employees receive the same message with
respect to the issue(s) at hand. Policies should
be reviewed and revised as appropriate prior to
scheduling training sessions. Training should
emphasize key areas of the policy including
prohibited behaviors, avenues of redress, and
consequences for violation of policy.
C.
Be more proactive in
monitoring the work
environment.
Everyone has a responsibility to create and
maintain an environment free from harassment.
Supervisors should definitely be more proactive
in monitoring the work environment. If someone
witnesses a behavior that is, or could be
offensive, it should be addressed promptly –
even if no one complains.
The best answer for this question is choice B.
Dealing with Sexual Harassment: I Got Mail Conclusion



Appropriate use of office technology should be addressed in the
agency’s sexual harassment prevention policy.
Unwanted visual displays and written messages can constitute
sexual harassment when they are sexual in nature and serious or
pervasive enough to interfere with a person’s job performance.
A hostile environment must be evaluated from the perspective of a
reasonable person - not stereotypical ideas of acceptable behavior.
Supervisor Responsibility
Supervisors can follow six steps to eliminate existing sexual harassment and set the
stage for preventing it in the future:
Know your specific department’s sexual harassment policy.
Be a role model for your staff.
Identify potential problems and address them promptly.
Create an open door policy where people feel comfortable confiding
in you.
5. Maintain confidentiality to the extent possible.
6. Take action on all complaints even if recipient asks you not to.
1.
2.
3.
4.
Supervisors are responsible for:
Florida Heart CPR*
Sexual Harassment in the Workplace
21







the actions of employees and nonemployees, if they knew or
should have known of the problem.
ensuring that employees are aware of the organization's policies on
sexual harassment.
attending mandated training.
being aware of the atmosphere in which work gets done, and how
people relate to each other, to determine if these factors could
contribute to sexual harassment.
timely responses to investigation of complaints.
modeling acceptable behavior.
ensuring that they set a good example and are sensitive to and
respectful of others.
1. What steps can you, as a supervisor, take to begin the healing
process after a claim of sexual harassment?
Talk with all affected parties. Separate conversations are advised (complainant,
harasser, coworkers). This can serve as a good forum to assess the current climate.
Things you can say:
“How are things going?”
“Have things improved?”
“I've been hearing rumors...”
2. Regardless of how far an incident progressed, the workplace is
affected. What can you do to reestablish some sense of normalcy?
Open the lines of communication with your staff.
Try to bring closure to the incident by assessing feelings, addressing rumors, reviewing
agency policy, disciplinary proceedings, etc., as relevant.
Ask the complainant(s) if they feel they were treated fairly during the complaint process.
Regardless of the outcome, ask questions like:
“Is there anything we could have done differently?”
“What can I do to help you feel comfortable working here again?”
“What can the harasser do to reestablish a working relationship with you?”
“What will you do to become part of the team again?”
“Where do we go from here?”
3. Sometimes claimants and alleged harassers must continue to work
together after an incident. Is there anything you can do to initiate
dialog between the involved parties?
Be sensitive to the emotions of all involved parties: you may see defensiveness, anger,
embarrassment, taking sides, etc.
Try to clear the air and assess everyone's true feelings about what happened.
Florida Heart CPR*
Sexual Harassment in the Workplace
22
Ask involved parties if they are willing to attend a meeting to begin to clear the air.
4. What additional steps can supervisors take to create and maintain
an environment free from hostility?
Maintain open lines of communication so everyone is aware of policy, unacceptable
behavior, expectations, etc.
Be aware of the culture and climate of your unit - if something seems awkward or tense,
check it out.
Bringing Closure
Closure must be brought to all suspected, alleged, or resolved sexual harassment
incidents, regardless of the outcome.
As you read the following situation, consider the following questions:




Florida Heart CPR*
What steps can you, as a supervisor, take to begin the healing
process after a claim of sexual harassment?
Regardless of how far an incident progressed, the workplace is
affected. What can you do to reestablish some sense of normalcy?
Sometimes claimants and alleged harassers must continue to work
together after an incident. Is there anything you can do to initiate
dialog between the involved parties?
What additional steps can supervisors take to create and maintain
an environment free from hostility?
Sexual Harassment in the Workplace
23
Florida Heart CPR*
Sexual Harassment in the Workplace Assessment
1. Sexual harassment is
a. Visual
b. Verbal written
c. Physical
d. Any of the above
2. Sexual harassment may include
a. unnecessary touching, patting, pinching or kissing
b. leering or ogling
c. promise of promotions, favorable performance evaluations, etc. in return for
sexual favors
d. all of the above
3. ________should take steps to prevent sexual harassment from occurring in the
first place.
a. Company executives
b. Managers
c. Employees
d. Everyone
4. The first step towards eliminating sexual harassment from the workplace is
_____.
a. Awareness
b. Creating policies
c. Prevention
d. An open talk policy
5. Unwelcome and demeaning sexually related behavior that creates an
intimidating, or offensive work environment is known as
a. Quid pro quo
b. Hostile environment
c. Retaliation
d. Reasonable person’s standard
6. A hostile work environment must be judged from the perspective of a reasonable
person. The standard considers the perspective of the person being harassed
and NOT stereotyped ideas of acceptable behavior. This standard is known as
a. Retaliation
b. Hostile environment
c. Reasonable person’s standard
d. Quid pro quo
Florida Heart CPR*
Sexual Harassment in the Workplace
24
7. Refusing time off after a sexual harassment complaint is filed is an example of
a. Quid pro quo
b. Retaliation
c. Hostile environment
d. Reasonable person’s standard
8. Regardless of intent, an action is sexual harassment if it is
a. Deliberate
b. Unwanted
c. Not asked for and not returned
d. All of the above
9. Supervisors may be held liable with regard to sexual harassment:
a. when they see or hear about behavior that may be offensive
b. when they delay in taking action
c. when they engage in behavior that is sexually harassing
d. all of the above
10. Supervisors are responsible for
a. the actions of employees and nonemployees, if they knew or should have
known of the problem
b. ensuring that they set a good example and are sensitive to and respectful of
others
c. timely responses to investigation of complaints
d. all of the above
Florida Heart CPR*
Sexual Harassment in the Workplace