NBCI PREVENTION OF
SEXUAL HARASSMENT
TRAIN THE TRAINER
August 2011
Prepared By:
Leroy Nesbitt
WHY ARE WE HERE?
Issues of sexual misconduct are
emotionally charged. Allegations proved
or unproved can destroy an organization
or career
It is against the law and legal liability can
attach for individuals and organizations.
Organizations must have staff leadership
on issues of sexual harassment
THE BOTTOM LINE
As a matter of Christian
and legal principle, sexual
harassment and sexual misconduct
are totally unacceptable.
Sexual harassment and/or sexual
misconduct by any person are
prohibited forms of personal
behavior.
TRAINING
ACCOMPLISHMENTS
A commitment to an open and honest
dialogue around difficult issues.
Increased learning about our
responsibilities.
A determination that each of us here
will do all we can to ensure that we
neither contribute to nor ignore
offensive, harassing or illegal behavior
THIS TRAINING WILL
PROVIDE . . .
An understanding of what creates a hostile
environment relative to harassment.
An understanding of the legal definition of
harassment.
Clear explanations of how harassment harms
the object, the harasser and the organization.
An outline of the appropriate method for
responding to an incident of harassment.
Guidelines for preventing harassing behavior.
HARD QUESTIONS
AND ANSWERS
WHAT IS SEXUAL
HARASSMENT?
Sexual Harassment Includes:
• ABUSE
• COERCION
• EXPLOITATION
• HARASSMENT
ANSWERS
 SEXUAL ABUSE
Sexual abuse is sexual molestation of any person, including
any sexual involvement or sexual contact with a person who
is a minor or who is legally incompetent.
 SEXUAL COERCION
Sexual coercion is the use of force – physical, emotional or
supervisory – to gain sexual gratification.
 SEXUAL EXPLOITATION
Sexual exploitation is the development of, or the attempt to
develop, a sexual relationship between a person, employee,
or volunteer and a person with whom he or she has an
authoritative relationship – whether or not there is apparent
consent from the individual.
WHAT IS SEXUAL
HARASSMENT?
SEXUAL HARASSMENT . . .
• is unwelcome.
• is personally offensive.
• debilitates the membership and its
morale.
• interferes with the ministerial or
employment relationship.
BEHAVIORS THAT
CONSTITUTE SEXUAL
HARASSMENT
 Sexually harassing behaviors may include
but are not limited to the following:
• Unwanted verbal harassment and/or
abuse of a sexual or gender-related nature;
• Pressure for sexual activity;
• Repeated remarks with sexually
demeaning implications;
• Unwelcome touching;
BEHAVIORS THAT
CONSTITUTE SEXUAL
HARASSMENT
 Sexually harassing behaviors may include
but are not limited to the following:
• Suggesting or demanding sexual involvement
accompanied by implied of explicit threats
concerning employment, honors, programs, or
activities available at - or related to - the
church;
• Participating in verbal or physical behavior to
which a person deems it necessary to succumb
in order to maintain church or civic stature or
personal safety;
• Displaying objects or pictures that are sexually
suggestive of offensive;
BEHAVIORS THAT
CONSTITUTE SEXUAL
HARASSMENT
Sexually harassing behaviors may include
but are not limited to the following:
• Inviting others attend inappropriate social
activities;
• Giving inappropriate gifts;
• Using inappropriate reasons for questionable
conduct and behavior;
• Discussing your own personal conduct
during a business conversation.
SEXUAL HARASSMENT
A PERSISTANT
AND COSTLY PROBLEM
$ The EEOC receives approximately 15,000
claims of harassment each year.
$ Approximately 20% -30% of charges in a given
year are settled or resolved with monetary
benefits going to the charging party.
$ The monetary value of benefits received by
charging parties is in the multiple millions.
THINK ABOUT DOLLARS
AND CENTS . . . AND SENSE!
$ Risk management and the enormous cost of
sexual harassment claims and litigation
$ It’s Personal!
$ The Problem of Personal Liability
$Defamation
$Negligence
$ Assault and Battery
$ Invasion of Privacy
$ Misrepresentation
$ Emotional Distress
SELF-EXAMINATION
IDENTIFYING
ATTITUDES AND
PERCEPTIONS
IN OUR SOCIETY . . .
We are all a product of our
environment. The things that
influence us may desensitize us
to things that may be offensive
to others
AVOID DUAL
RELATIONSHIPS
CIRCLES OF RELATIONSHIP
• Everyone to whom you relate professionally
• People with whom you share social events
• People you enjoy being with but on whom you
do not depend emotionally
• Those with whom you share intimate
information and whom you trust absolutely
• Those with whom you are intimate and
mutually interdependent
THE RULES
THE EEOC DEFINITION OF
SEXUAL HARASSMENT
 The basic definition of sexual harassment comes
from the United Stated Equal Employment
Opportunity Commission (EEOC):
“Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of
a sexual nature constitutes sexual harassment
when submission to or rejection of this conduct
explicitly or implicitly affects an individual's
employment, unreasonably interferes with an
individual's work performance or creates an
intimidating, hostile or offensive work
environment.”
KEY POINTS . . .
Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a
sexual nature
Creating an intimidating, hostile or
offensive work environment
THE LAW
TWO TYPES OF SEXUAL
HARASSMENT
“Quid Pro Quo”
Hostile Environment
“QUID PRO QUO” HARASSMENT
“Quid Pro Quo”
• “This for That”
• Exchange of position or
assignment, etc., for sexual favors
• Can be a one-time event
Can be a threat of tangible loss that
goes unfulfilled
HOSTILE ENVIRONMENT
HARASSMENT
Hostile Environment
• Abusive, repetitive and
intimidating
• Part of an overall pattern that
affects a person’s performance
• Typically not a one-time event
THE U. S. SUPREME COURT ON
SEXUAL HARASSMENT
•
•
•
•
“Burlington Industries v. Ellerth”
“Faragher v. City of Boca Raton”
The Supreme Court found that these two cases shared a
large common denominator:
• The notion that an organization can be held responsible
for its employees’ illegal behaviors – despite not having
the explicit knowledge that the bad behavior was
occurring
The Court stated that “a tangible employment action
taken by a supervisor becomes for Title VII purposes, the
act of the employer.”
The employer can be liable regardless of whether the
employer knew or should have known or approved of the
actions.
THE U. S. SUPREME COURT ON
SEXUAL HARASSMENT
 When no tangible employment
action has been taken a defending
employer may assert a two prong affirmative
defense that:
(1) the EMPLOYER exercised reasonable care
to prevent and correct promptly any sexual
harassing behavior; and,
(2) the EMPLOYEE unreasonably failed to take
advantage of any preventative or corrective
opportunities provided by the employer or to
avoid harm otherwise.
DC HUMAN RIGHTS ACT
DC Human Rights Act is intended to end
discrimination in the District of
Columbia based on race, color,
religion. national origin, sex, age,
marital status, personal appearance,
sexual orientation, familial status,
family responsibilities, matriculation,
political affiliation, disability, source
of income, and place of residence or
business.
DC HUMAN RIGHTS ACT
PROHIBITED ACTS OF DISCRIMINATION
Every individual shall have an equal
opportunity to participate fully in the
economic, cultural and intellectual life of
the District and to have an equal
opportunity to participate in all aspects
of life, including, but not limited to, in
employment, in places of public
accommodation, resort or amusement,
in educational institutions, in public
service, and in housing and commercial
space accommodations.
DC HUMAN RIGHTS ACT
Protected Areas of Discrimination.
Employment
Housing and Commercial Space
Public Accommodations
Educational Institutions
DC HUMAN RIGHTS ACT
 By an employer - To fail or refuse to hire, or to discharge,
any individual; or otherwise to discriminate against any
individual, with respect to his compensation, terms,
conditions, or privileges of employment
 Accommodation for religious observance - It shall further
be an unlawful discriminatory practice for an employer to
refuse to make a reasonable accommodation for an
employee’s religious observance by permitting the
employee to make up work time lost due to such
observance
FINAL IDEAS AND
THOUGHTS . . .
WHAT ARE THE PROBLEMS ?
 Pedophile
bishops,
clergy, lay
leaders
 Sexual
harassment
of church
employees
 Abuse of
clergy
relationship
 Impropriate
clergy
relationships
 Hostile
Environment
 Religious
intolerance
THANK
YOU