SEXUAL HARASSMENT - Miami Dade College
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Transcript SEXUAL HARASSMENT - Miami Dade College
Miami Dade College
Division of Human Resources
Office of Employee Relations/EOP/ADA
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
Guidelines Defining Sexual Harassment
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of
a sexual nature constitute sexual harassment when
submission to such conduct is made either
explicitly or implicitly a term or condition
of an individual’s employment;
EEOC Guidelines Defining Sexual Harassment
submission to or rejection of such conduct
by an individual is used as the basis for
employment decisions affecting such
individuals; and
such conduct has the purpose or affect of
unreasonably interfering with an individual’s
work performance or creating an
intimidating, hostile, or offensive working
environment.
SEXUAL HARASSMENT IS
DISCRIMINATION BASED ON SEX
Employee treated differently because of their sex/gender.
Employment decisions based on person’s sex.
Harassment on the basis of sex is a violation of Title VII of
the Civil Rights Act of 1964 as amended in 1972; Civil
Rights Act of 1991; Title IX of the Education
Amendments, College Policy.
Title VII prohibits discrimination based on race, sex,
color, national origin, and religion.
Quid
Pro Quo
The sexual act or a sexual favor is the
prerequisite condition to employment or
employment decisions (i.e., promotion,
job benefits); or academic success or
evaluation.
Refusal to engage in the sexual act or
provide a sexual favor results in being
fired, denied promotion, denied a job
benefits; or denied some academic
benefit, (i.e., an appropriate grade,
enrollment, participation).
Quid
Pro Quo
There is proof the sexual demand was linked
to a tangible, economic aspect of the harassed
employee’s compensation, term, condition or
privilege of employment; or a student’s
enrollment, academic benefit, or
participation.
HOSTILE ENVIRONMENT
The threat takes the form of ongoing
harassment that interferes with work or school
by making the atmosphere intimidating and
unpleasant.
The atmosphere is made hostile or abusive by
the unequal treatment of the sexes or individuals.
The harassment is “sufficiently severe or pervasive
to alter the conditions of the victim’s
employment”; or academic performance and
create an abusive working, or educational
environment. The actions are generally repetitive.
DON’TS
1. Vulgar, sexually explicit language
2. Sexual comments as to physical appearance
3. Sexual comments toward persons
DON’TS
4. Off-color sexual jokes or anecdotes
5. Explicit questions about one’s sex life, sexual
preference or sexual orientation
6. Comments, sexually explicit or implicit, about one’s
clothing, body or looks
DON’TS
7. Repetitively asking for dates
8. Use of sexually harassing terms to refer to
females (i.e., bitch)
9. Whistling, kissing sounds, smacking noises
DON’TS
10. Terms of endearment (i.e., honey, sweetheart,
darling)
11.
Rumor-mongering about a person’s sex life in
front of them or behind their back
12.
Writing suggestive notes or sending unwelcome
cards
DON’TS
NON-VERBAL ITEMS TO BE AVOIDED
13.
Unsolicited or inappropriate gifts (e.g.
underwear, night-time apparel)
14. Offensive photographs or pictures
15.
Staring at a person in an unwelcome
manner (i.e. the once-over)
DON’TS
16.
Stalking at the office or after hours
17. Kisses, making facial expressions, or sexual
gestures
18. Touching a person’s hair, clothing or body when
the touching is unwelcome (i.e. pushing one’s hair
out of face, back massages)
DON’TS
NON-VERBAL ITEMS TO BE AVOIDED
19.
Standing inappropriately close to someone
20.
Hugging and kissing when its uninvited
21.
Rubbing against someone when it is uninvited
DO’ S
1.
Take the report seriously
2.
Listen, sympathize, but don’t judge
3.
Don’t delay
4.
Respond to concerns
DO’ S
5.
Document
6.
Follow-up on the complaint
7.
Avoid using “dangerous words” such
as, “It’s just teasing – no big deal”