final Flashcards
WHat are some myths of sex harr?
- harr is inevitable when working in groups or with coworkers
- charges can be false
- it is becoming less problematic
- ask for it
WHat is sexual harr?
- unwelcome touching sexually
- sexual favors with verbal and physical harr
- can be severe or even pervasive
- abuse of power
Can sexual harr be gender based?
No
WHat is difference between perception and intention?
Perception of the victim is when they do not intentionally harrass the may determine whether it is sexual harr
Can an employer fire an employee without any reason?
Yes, “for any reason, or no reason for good cause no cause or even morally wrong cause>
WHat is an exception to EMployment at will?
COllective Bargaining Agreement; but employer can fire anybody for any reason
What are employers responsibility?
- to take action to stop the harrassment
- to follow company policy
- investigate the complaints
WHat does Title 7 state
- it states that it is illegal to discriminate any employee or applicant regarding sex, gender, race, age, disability, religion
- sexual harr is a form of discrimination in thi part of civil rights act
How many employees do you have to have to file a EEOC?
have to have 15 employees
What is equal employment opposition commission?
charge of discrimination
Retaliation…
it is against the law and deals with employment complaint for discrimination, an employment witness can provide testimony in a discrimination investigation, is against the law
2. adverse action that follows protected activoty when there is a causal connection between two
What does EEOC entitle?
title 7 rightand interprets law for sex har
- issues charges against discrimination and files their claims
- also can give out a right to sue letter
WHat does the NJ law against discrimination state?
it prohibits discrimination and harr on sex orientation; can file discrimination charge with NJ division of civil right and can file lawsuit in court but there is a 2 year filing timeline
What is Quid Pro Quo harr?
when employer attempts to make an employees submisison to sexual demands a condition of employment which can be unfavorable treatment premised by hostile workplace env conditions; these unfavorable treatment can include pay cut, demotion, termination, etc.
What is a hostile workplace env condition?
it is when employers/employees harrass another employee due to individuals sex to the extent that its periodically continuing
What are some claims in a hostile wworkplace env.?
sexual remarks, inappropriate pictures, obscene gestures, offensive and intentional touching, scratching and grabbing below waste
WHat are some less obvious behavior?
profanity, intimidation via verbal and physical due to gender, embarassing and degrading members, violation of personal integrity
WHat is gender discrimination?
treating an individual with disrespect due to sex and csan be a transgender too
What three things revolve around workplace sexual harr?
violation of NJLAD, title 7, and company policy
Why is thee a low percentage of women in commission sales jobs?
because there are interests an aspirations men tend to have because of work
What are some ways to prevent sex harr?
- accepting difference of people
- appreciating diversity
- equality
Why do some employees who have been harr do not want to file complaint?
future jobs get impacted, too much time, social and psychological impacts, and cost/reputation
WHy do employers who are doing it become concerned afterwards?`
- defense costs,
- negative publicity
- liability
- verdicts
WHat ways can sexual harr be displayed via tech?
- phone txts
- snapchat
- viddeos/picts
WHy is electronic communication never good?
because it is never confidential, and personal/ professional conversations occur
What is offsite harr?
organization and staff that company does business with (i.e. vendors, consultants)
WHy do individuals involve themselves in gossip?
feelings of importance; they want to be the go to person if people want to know things and it builds their self esteem
WHat are impacts of gossip?
damamges rep, dec productivity, and puts strain on relationships between people
How many days do you have to file a sexual harr complaint nationally?
nearly 380 days
Which policy is the only one to cover for sexual orientation harr?
NJLAD
In NJLAD, what is it called when you have 2 years to file complaint?
statute of limitations
DO you have to go through a administration office for NJLAD complaint?
No
What is the minimum number of employees for NJLAD?
none
What is the ultimate result for NJLAD?
termination
Reason Woman/Personal Standard
wouldnt occur if if didnt involve gender, employment conditions are altered, and abusive working env, pervasive and severe enough to make working woman believe issue is classified as sexual harr
What is prime mean?
when men see women as sex toys
Male Perseverences
male dominant work (i.e. police and firefighters), increases rate of sex harr
WHo do human rights apply to?
all human regardless of race, gender, residence
What does sexual disc education amendment of 1972 declare?
it protects against discrimination on basis of sex in educational programs and extra curricular activities that recieve federal and financial aid
WHat is title 9 enforced by?
office of civil rights (OFC)
WHat does title 9 state?
The supreme court rules that “sex har applies only to misconduct only severe or pervasive and objectively offensive that deprives the harrassed student of access to educational opportunities”
WHokm does ttile 9 usually refer to?
pregnant women, married students, lesbian/gay people
Whom does sex harr in education involve
female students for sexual jokes, looks and male students if they are gay or homophobic;
What does discrimination in education?
under title 9 it affects all areas in education such as recruitment admissions and housing, access to courses offered, career and tech, science, engineering, and math education gender identity
In women in education, what is sex segregation?
pregnant and parenting female students seperate and less rigorous schools
WHy is sexual har common on campus?
because students overdose or use alot of alcohol
WHen in college do people usually face sex harr most?
first year
Where would you report in campus of sexual har?
office of employment equity
WHat are some sex harr behaviors?`
- unwanted physical contact
- romantic interest beyond another’s
- blocking somones path
- sugestive remarks or sounds
- disrespectful behavior
- unwanted gifts
- differential treatment
- stereotyping
- offensive jokes and cartoons
- intimidating, threatening or obsessive email/texts/IM’s
- inappropriate use of internet
What are some psychological and physical impacts for people facing sex harr?
angry feardepression, irritability, loss of self esteem, humiliation
embarrassment, shame and alienation, and a sense of helplessness and vulnerability
-physical symptoms may include headaches, loss of appetite, gastrointestinal disorders, inability to sleep weight loss, and crying spells.
WHat is one common disease people who face sex harr?
PTSD
What are some ramifications of sex harr?
for student it impacts academics, emotions, absenteeism, for universities it damages schools rep,
What is the rutgers policy for sex harr
any member of the university community who believes he or she has been discriminated against or harassed in violation of the policy is encourage to initiate a report
WHat three forms of sexual integrity can be contacted to OEC?
sexual discrimination, assault, and harr
WHat is process of filing sex har in OEC?
formal or informal and has to be within one year of the incident
WHat are the resolution to informal harr?
stop behavior, faster resolution, fewer people involved, and there are no sanctions
What is formal complaint for sex harr?
there is full inves., longer process, determination, and may involve sanctons
What are some preventions in sexual harr education?
training programs, in which assist an employer in defending a sex har suit,
What are types of training programs that reduce sex har in workplace?
taking preventive action for the denfender, correction of behavior for harasser, good faith effort compliance with law, andhave potential punitive amge, or beyond pain and sufferring award
What environment is there no bullying law?
in employment
what is the anti bullying bio of rights act?
harr intimidation or bullying means any gesture any written, verbal or physical act or any electronic communication
When in relationship with employer, what must they abide by?
employee handbook; contact ( the relationship must be consensual and and must abide by disc and har policies
what are some employer concerns on dating?
- interfere with work operations
- decrease morale
- decrease productivity and performance
- may create a hostile work env.
When was sexual harrassment first known?
in the case of Williams v. Saxbe where title 7 was initiated
WHat two types of harrassment does OCR recognize as sex harr?
- quid pro quo
2. hostile env harr
what is sec role spillover theory?
when gender based sex is taken into work place
what are womens feelings towards resistance on sex har?
- avoidance
- confrontation
- diffusion
- negotiation
What kind of problems arise from organizations that do gender?
solidification of inequality in workplace with risks of sexual harrassment
How can individuals employment status be affected due to sexual harr?
submission to or rejections of sexual behavior
WHat does title 7 prevent discrimintion on basis of?
race, color, sex
- stereotypes on abilities
- employment rejection
WHat is third party harrassment?
when an outside feels offended that is not directly involved.
WHat does title 9 or the education amendment state?
it protects against discrimination on the basis of sex in educational programs and activities that recieve federal financial assistance.
WHat was the case study for same sex harrassment?
oncale v. sundowner offshore services; same sex har is under title 7
WHat does the term doing gender mean?
social or culturally pattern of behavior for male or female
What is the purpose of punitive damage?
to prevent suspect from conducting similar behavior again in the future.
Where was the movie north country taken place?
in minnesota which dealth with severe sexual harrassment in hostile enviornment via union members; it landed a landmark sex harr class action case
what is gender typing?
when child becomes aware of his or her gender and behaves accordingly
How do children develop gender based beliefs
basis on stereotypes;
When do children develop gender identity and roles ?
earlier in their lives between 15 to 36 months
WHich gender has less strict stereotypes?
females
Why do females imitate male roles?
because they are greater status and privelege to our culture
WHat types of roles do males portray?
agression, protective, and masculine
what is a gender role?
gender role is socially or culturally prescribes pattern behavior for a male femlae
What was the concept of sex spill over in the article?
gender was neutral; women workers were treated as women not workers; temporary workers had no social inequality; the clerical sector was dominated by females
What is purpose of male on male sex harr?
to humilate, undermine respect, and show off their masculinity
What is the issue on standards of proof?
the plaintiff due ot the sexual harr cases have to provide evidence via “preponderence of evidence” for a case