Harassment Flashcards

1
Q

By law employer has to prevent

A

Harassment towards employees and correct the work environment

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2
Q

What is the definition of sexual harassment

A

When employer or employee conduct become unwelcome sexual advances, requests sexual favors and other verbal, physical conduct that is sexual by nature

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3
Q

What is the definition of sexual harassment

A

When employer or employee conduct become unwelcome sexual advances, requests sexual favors and other verbal, physical conduct that is sexual by nature

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4
Q

What does employer do to promote a good reputation maintain the employee moral and keep productivity in the workplace

A

The employer goes far beyond that law can forbid to maintain a free harassment, productive and morale environment.

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5
Q

What are the two unlawful sexual harassment rule by the supreme court.

A

The first harassment is from the employer (quid pro quo) “this for that”

The second hostile environment

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6
Q

What does (quid pro quo) stand for

A

Is a Sexual harassment that is committed from position of power that can fire, demote and denial of promotion toward the victim

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7
Q

What is hostile environment base on

A

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.

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8
Q

What are the contribution of a hostile environment

A

-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

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9
Q

What other harassment quid pro quo impose

A

Religion

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10
Q

What are the two requirements to create a hostile environment against a person protected statues.

A

1) The person being abused

2) The person finds his work environment hostile due to the abuse being imposed.

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11
Q

What does a judge need to look over to consider a hostile environment that goes a against a person statues

A

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

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12
Q

What do courts find not liable

A

Woman being asked to go on a date

Isolated incidents

Crude jokes

Sexual remarks

3 offense incidents in 18 month

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13
Q

How to be aware of your conduct if it’s offensive

A

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.

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14
Q

What are the typical policy for anti harassment

A

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.

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15
Q

Avoid the seven-risk area of an offense

A

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

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16
Q

What are the nine excuses a harasser uses to defend his action

A
  1. “She (or he) is hypersensitive; how
    could anyone be offended?”
  2. “I treat everybody this way.”
  3. “No one ever complained before,
    so how can the conduct be offensive?”
  4. “Boys will be boys.”
  5. “I didn’t mean any harm.”
  6. “No harm, no foul.”
  7. “I just read the policy again and I
    still don’t understand where you draw
    the line.”
  8. “I was only mentoring, trying to help
    with a personal crisis.”
  9. “You cannot take that charge seri
    ously; he (or she) is trying to hold us
    up.”
17
Q

what to do when you experience harassment or witness it

A

report it to the appropriate official you are not required to report it to your supervisor

18
Q

what do you need to do as the complainant

A

1) the names of everyone who saw or heard the offensive conduct

2) the names of everyone who may have had a similar experience with the alleged harasser

3) achronology—when and where each incident occurred

4) the reasons why you did not report the incidents earlier (if you have delayed at all); and

5) your thoughts on what the employer should do to correct the problem and maintain a harassment-free environment.

19
Q

Disciplinary measures use on harasser by employer

A
  • an oral or written warning;
  • deferral of a raise or promotion;
  • demotion;
  • suspension; or
  • discharge.
20
Q

1964

A

The Civil Rights Act of 1964 becomes law. Title VII prohibits employment discrimination on the
basis of race, color, religion, national origin, and sex, but does not mention harassment.

21
Q

1967

A

The Age Discrimination in Employment
Act becomes law. It forbids employers to discriminate against individuals, over age 40, on the basis of their age, without mentioning harassment.

22
Q

1968

A

The equal employment opportunity commission the agency that enforces federal Anti-discriminatory law find employer permitting harassment on p[olish employer

23
Q

1980

A

EEoc interprets sexual harassment as a type of sex discrimination

24
Q

1981

A

sexual insults create hostile environment

25
Q

1986

A

addressing sexual harassment in court for the first time.

26
Q

1989

A

law against age harassment over 40

27
Q

1990

A

EEOC announce Sexual favoritism can be sexual harassment

28
Q

1991

A

A sexually hostile environment is
found where new female employees
encountered crude language, sexual
graffiti, and pornography

woman and men get trial different

The civil right act becomes law

29
Q

1993

A

Standard for hostile environment

30
Q

1998

A

Same-sex harassment

Employer duty to prevent harm towards it employee

Employee duty to avoid harm

31
Q

1999

A

Importance of employer’s
antiharassment policy

32
Q

2000

A

Employee must use avenues
available

33
Q

2001

A

Disability harassment

An invitation to some sexual
conduct does not excuse other
unwelcome conduct

The First Amendment does not
protect harassment

34
Q

2003

A

Offensive sexual banter can create
hostile environment

35
Q
A