Transcript Training Presentation - Western Washington University
Sexual Harassment Prevention Training by:
Dr. Sue Guenter-Schlesinger Vice Provost of Equal Opportunity & Employment Diversity Laura Eckert, J.D.
Sr. Exec. Equal Opportunity Assoc.
Nick Sanchez, J.D.
Equal Opportunity & Employment Diversity Specialist
Equal Opportunity Office OM 345 MS-9021 Ph: 650-3307 www.wwu.edu/eoo – Email: [email protected]
Sexual Harassment is Against the Law
• Faculty & Staff: Title VII (Civil Rights Act of 1964) • Students: Title IX (Ed Amendments of 1972) • State & University Policies
Western Policies
• Equal Opportunity/Non-Discrimination Policy • Sexual Harassment • Related Policies: Faculty Handbook, Section 1, VIII, & Appendix F, Section 7
Sexual Harassment: Definition
• Unwelcome sexual advances and/or • Requests for sexual favors • Other verbal or physical conduct of a sexual nature
WHEN.........
Definition (Cont’d)
• Quid Pro Quo − Submission to such conduct or activity is made either explicitly or implicitly a term or condition of an individual’s employment or academic progress − Submission to or rejection of such conduct or activity is used as the basis for employment or evaluation
Definition (Cont’d)
• Hostile Environment − Such conduct or activity interferes with an individual’s employment or educational advancement and /or creates an intimidating, hostile or offensive environment.
Who Could be Sexually Harassed
•
EVERYBODY!
•
Power vs. Sex
Critical Issues
•
Flirtation vs. Harassment
•
Intent vs. Impact
Examples of Sexual Harassment
• • • • • • • Turning work discussions to sexual topics Asking personal questions about social/sexual life Making sexual comments about a person’s clothing or body Staring at someone Blocking a person’s path Massaging a person’s neck, shoulders Patting, caressing, fondling
What to Do if Sexually Harassed
• Tell the harasser to stop, if possible. Say how the behavior is offensive to you.
• Document the incident(s) and report it to your supervisor .
• Utilize organizational procedures (EO Office).
Sexual Harassment Complaint Procedure
• EO Office tries informal resolution first • Alleged victim may file formal complaint • EO Office investigates, ensuring fairness to all • Leadership is informed & takes appropriate action
Retaliation is Prohibited by Law!
• Leadership can help ensure that complainants are protected against retaliation, even if their complaint is not substantiated through an investigation
Why Victims Don’t Report
• Do not believe anything will happen • Fear • Concern for harasser
Supervisory Responsibilities
• Take complaint seriously: “Knew or should have known” • Document all discussions • Inform Supervisor or EO Office
Potential Liabilities for Supervisors
• Supervisors are required to address issue with assistance from the EO Office.
• “Swift & appropriate action in substantiated cases” • Make victims “whole” again
Affirmative Defense
• 2 Key Supreme Court Cases (Ellerth vs. Burlington Industries & Faragher vs. City of Boca Raton) provide a means of an affirmative defense for an employer: − If it exercised reasonable care to prevent or correct promptly any sexually harassing behavior; or − The employee unreasonably failed to pursue the available, internal procedures for handling complaints.
QUESTIONS????
Equal Opportunity Office OM 345 MS-9021 Ph: 650-3307 www.wwu.edu/eoo – Email: [email protected]