Harassment Flashcards
By law employer has to prevent
Harassment towards employees and correct the work environment
What is the definition of sexual harassment
When employer or employee conduct become unwelcome sexual advances, requests sexual favors and other verbal, physical conduct that is sexual by nature
What is the definition of sexual harassment
When employer or employee conduct become unwelcome sexual advances, requests sexual favors and other verbal, physical conduct that is sexual by nature
What does employer do to promote a good reputation maintain the employee moral and keep productivity in the workplace
The employer goes far beyond that law can forbid to maintain a free harassment, productive and morale environment.
What are the two unlawful sexual harassment rule by the supreme court.
The first harassment is from the employer (quid pro quo) “this for that”
The second hostile environment
What does (quid pro quo) stand for
Is a Sexual harassment that is committed from position of power that can fire, demote and denial of promotion toward the victim
What is hostile environment base on
It’s impose by gender base unwelcome conduct from supervisors, co-workers, customers, vendors, or anyone else with whom the victim interacts on a job.
What are the contribution of a hostile environment
-threat to impose a sexual quid pro quo
-discussing sexual activities
-telling off-color jokes
-unnecessary touching
-commenting on physical attributes
-displaying sexually suggestive pictures
-using demeaning or inappropriate terms
-using indecent gestures
-using crude language
-sabotaging the victim’s work
-engaging in hostile physical conduct
-granting job favors to those who participate in consensual sexual activity
What other harassment quid pro quo impose
Religion
What are the two requirements to create a hostile environment against a person protected statues.
1) The person being abused
2) The person finds his work environment hostile due to the abuse being imposed.
What does a judge need to look over to consider a hostile environment that goes a against a person statues
1) frequency of the unwelcome discriminatory conduct.
2) severity of the conduct
3)whether the conduct was physically threatening or humiliating, or a mere offensive utterance
4)whether the conduct unreasonably interfered with work performance
5)effect on employee’s physiological well-being and
6)wether the harasser was a superior in the organization
What do courts find not liable
Woman being asked to go on a date
Isolated incidents
Crude jokes
Sexual remarks
3 offense incidents in 18 month
How to be aware of your conduct if it’s offensive
1) Is this verbal or physical behavior of a sexual nature?
2) Is the conduct offensive to the persons who witness it?
3) Is the behavior being initiated by the party who has power over the others?
4) Might an employee feel compelled to tolerate that type of conduct in order to remain employed?
5) Might the conduct make an employee’s job environment unpleasant
6) If the answer to these questions is yes put a stop to it.
What are the typical policy for anti harassment
1) a prohibition of described harassing conduct, often with examples that in themselves do not necessarily rise to the level of unlawful conduct
2) a statement of who is protected by the policy and who must abide by it
3) a warning that all employees, regardless of rank, must comply with policy
4) a procedure that authorized complaints of harassment through alternative channels of communication, to ensure that complaints can be investigated impartially as well promptly
5) assurances that complaints will be investigated discreetly , preserving confidentiality to the extent that the needs of the investigation will permit
6) a provision that individuals found to have engaged inappropriate conduct will be subjected to discipline, up to and including dismissal and
7) a prohibition against retaliation by anyone against any employee who reports harassment or who cooperate with the investigation of the report.
Avoid the seven-risk area of an offense
1) Vulgar language
2) Work related off premises conduct
3) Touching
4) Dating subordinate
5) Visual displays
6) Talking dirty and telling jokes
7) Email