Transcript Civil Rights Act of 1964 • (a) it shall be unlawful employment practice for an employer -- (1) to fail or refuse.

Civil Rights Act of 1964
• (a) it shall be unlawful employment practice for an
employer -- (1) 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 because of such individual’s race,
color, religion, sex, or national origin...
What is sexual harassment?
• Harassment on the basis of sex is a violation of sec. 703
of Title VII of the Civil Rights act. Unwelcome sexual
advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature when (1)
submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's
employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3)
such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or
creating an intimidating, hostile, or offensive work
environment.
Quid Pro Quo
• Submission to the conduct is made either
explicitly or implicitly a term or condition
of instruction, employment, or
participation in other University activity,
• Submission to or rejection of such conduct
by an individual is used as a basis for
evaluation in making academic or
personnel decisions, or
Hostile Environment
Such conduct has the purpose or effect
of unreasonably interfering with an
individual’s performance or creating an
intimidating, hostile, or offensive work or
learning environment.
Necessary Showings
• The conduct must be severe or pervasive
• “Mere offensive utterances” do not constitute
sexual harassment.
• Courts look at all of the circumstances to
determine whether a reasonable person would
consider the conduct to be severe or pervasive
from the victim’s viewpoint.
• Frequency and severity are balanced.
Employee’s Story
I was excited about my new assignment on
a special department project I was flattered
when my boss suggested we discuss it over
dinner. At first I felt uncomfortable about
meeting him in a social setting but, deciding
that I was being paranoid, agreed. During
dinner, we began to discuss the new project.
As the evening progressed, the conversation
shifted to very personal topics, including my
present and past boyfriends. I tried to shift
the conversation back to something related
to work but he kept drifting back to personal
issues. Occasionally he touched my hand
and told me he thought I was attractive. As
we were getting ready to leave, he stood
uncomfortably close to me and patted me on
the arm. I felt nervous about the way he was
relating to me but I was afraid to offend him
by saying anything. Now I find myself
avoiding him even though I respect his
opinions and need his guidance to do well in
my department.
Supervisor’s Story
I was impressed with her work, and gave
her a special assignment that would help
her to expand her abilities as well as help
the department move forward. I thought the
project had real potential. I invited her to
dinner so we could talk over her ideas in a
more relaxed atmosphere. I thought this
would be helpful since she seems very
bright but is nervous and shy in group
meetings. I enjoyed getting to know her
better and I could tell the feeling was
mutual. We had a good time and the
discussion was productive. Since our
meeting, I haven't seen much of her. I’m
surprised that after such a promising start
she seems less interested in my help. I
guess she changed her mind about the
assignment. It makes me wonder if she’s
really promotion material.
Is this a hostile work environment?
Ellison and Gray are revenue agents in the same
office. According to Ellison, Gray pesters her and
hangs around her desk. Ellison declines an
invitation to go out for drinks and suggests lunch
the next week but then tries to stay away from the
office during lunch time to avoid having to go.
Sometime during the next week, Gray
uncharacteristically wears a three piece suit and
asks Ellison to lunch. She declines.
Is it now?
Gray gives Ellison the following note: “I cried over you last night and
I’m totally drained today. I have never been in such constant term oil
(sic). Thank you for talking with me. I could not stand to feel your
hatred for another day.”
Ellison leaves the room after reading the note and Gray follows her.
Ellison leaves the building.
What about now?
Ellison gets Gray’s note on Wednesday. He calls in sick on
Thursday and Ellison is off Friday. The next Monday she starts four
weeks of training out of town.
Gray sends Ellison a three-page typed single spaced letter which
states in part: “I know you are worth knowing with or without sex....
Leaving aside the hassles and disasters of recent weeks, I have
enjoyed you so much over these past few months. Watching you.
Experiencing you from O so far away. Admiring your style and
élan.... Don’t you think it odd that two people who have never even
talked together, alone, are striking off such intense sparks. . . I will
[write] another letter in the near future.”
Does Gray’s intent matter?
• Suppose Gray sees himself as a modern day
Cyrano de Begerac wishing no more than to
woo Ellison with his words? There is no
evidence that Gray harbors any ill will
toward Ellison.
• In his three page love letter, Gray offers to
leave Ellison alone if she wishes.
Other examples of conduct that can
create a hostile environment
• The lovesick puppy syndrome
– A suitor who will not take “no” for an answer
– Maybe he or she hangs around, mooning over the
unattainable beloved
• Invading body space
• Calling someone offensive or disrespectful terms
(like “babe” or “honey”)
• Being insensitive to differing cultural norms
Examples of conduct that does NOT
create a hostile environment
• Conduct that a reasonable person, similarly
situated would not find to be pervasive or
severe
• Isolated instances of “mere offensive
utterances”
• Asking a co-worker for a date and taking no
for an answer
Equality
• Formal Equality (equal consideration)
– Symmetrical model (blind to difference)
• Assimilationist modes of achieving equality
– Identical treatment
• Adrogynous modes of achieving equality
– New “qualifications” instituted for everyone
• Substantive Equality (status/outcome equality)
– Assymetrical model (responsive to difference)
• Accommodation modes
– can’t help the differences so people shouldn’t be penalized for them
• Acceptance modes
– Allow for cultural/gender/racial/sexuality differences and make them
costless
• Empowerment modes
– If it undoes white male hetersexual privilege then it is an equal
outcome
Superson’s proposal
Sexual Harassment consists of any behavior (verbal or
physical) caused by a person, A, in the dominant class directed
at another, B, in the subjugated clss, that expresses and
perpetuates the attitude that B or members of B’s sex is/are
inferior because of their sex, thereby causing harm to either B
and/or members of B’s sex.
Objective view of harassment -- does not depend on
whether or not B was bothered or disturbed, or on
whether A intended to harass, but rather on whether the
behavior is an instance of a practice that expresses and
perpetuates an attitude that B and members of B’s sex are
inferior because of their sex.
What is the most interesting thing you learned this week?
What were you hoping for? Was your hope satisfied?
Was this format acceptable to your learning process? Why or
why not?
Any changes, recommendations, suggestions you’d like to make.