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

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EVERYBODY!

•

Power vs. Sex

Critical Issues

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Flirtation vs. Harassment

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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]