Transcript Roanoke City Public Schools Substitute Training

Roanoke City Public Schools
Staff Training
Sexual Harassment
Training
Policy Defined
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School Board Policy - GBA
Sexual Harassment/Harassment Based
on Gender, Race National Origin,
Disability or Religion will not be
tolerated.
Reporting
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Reporting
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GBA-F
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Informal Procedure
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Formal report of Harassment
Complainant and person accused may meet with
Supervisor/Principal to resolve issue.
Compliance Officers
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Sandra Bryan Burks– Executive for Human Resources
Karen Sporakowski – Human Resources Supervisor
Legal Definitions
The basic definition of sexual harassment comes
from the United States 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.
Anyone Can Be Harassed
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The victim as well as the harasser may be a
woman or a man. The victim does not have to
be of the opposite sex.
The harasser can be the victim's supervisor,
an agent of the employer, a supervisor in
another area, a co-worker, or a non-employee.
The victim does not have to be the person
harassed but could be anyone affected by the
offensive conduct.
Unlawful sexual harassment may occur
without economic injury to or discharge of the
victim.
The harasser's conduct must be unwelcome.
Types of Sexual
Harassment
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Quid Pro Quo - Occurs when an individual's
submission to or rejection of sexual advances or
conduct of a sexual nature is used as the basis for
employment decisions affecting the individual or the
individual's submission to such conduct is made a
term or condition of employment.
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Sufficient to show a threat of economic loss
A single advance may be harassment if tangible loss
occurred.
Employers are strictly liable.
Even if the party agreed, they can change their mind later
and bring charges.
Case Study #1: Connie
Connie, a shop foreman, has known for some
time about the affairs between some women
and their bosses. Furthermore, these women
have received perfect reviews, while other,
more-deserving employees did not. When
Connie comes up for a promotion, it is made
clear that “socializing” will be part of the new
job. She rejects the offer and receives a poor
performance appraisal and a probation period
and loses an opportunity for an increase in
salary. Is Connie being sexually harassed?
Connie (con’t)
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YES
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Some women have been promoted for giving
sexual favors
Connie is subject to Environmental sexual
harassment
Connie was denied promotion and salary
increase
Types, Continued
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Hostile Work Environment – Unwelcome sexual
conduct interferes with job performance or creates a
hostile, intimidating or offensive work environment even
though the harassment may not result in tangible or
economic job consequences.
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Employer can be held liable for the creation of a hostile
environment by a supervisor, non-supervisor, or the employer’s
customers or independent contractors.
Employer is responsible if:
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There was a complaint to management (follow policy)
If management failed to establish a policy to follow
If harassment is openly practiced or well known among employees.
Case Study #2: Mr. Blake
In their monthly work group meetings, Mr. Blake
always requires Liz to set up the meeting in the
break room, provide coffee, and take notes. The
work group consists of three supervisors: Liz,
Tom, and Jack. Is Mr. Blake discriminating
against Liz?
YES
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Performing duties not required of Tom and Jack
Not sexual in nature, but the actions do
discriminate
Case Study #3: Linda & Dan
Linda is very attracted to her boss, Dan. Since
they are both single, she asks him over to her
house for dinner. After a very pleasant evening
and a few too many drinks, they wind up
spending the night together. Could this be
considered sexual harassment?
MAYBE
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Appears to be consensual
Opportunity for future claim
In Either Type…..
There are two conditions that determine
liability for employers in cases of hostile
environment sexual harassment:
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The employer knew or should have known
about the harassment.
The employer failed to take appropriate
corrective action.
Questions?