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
What are the nine excuses a harasser uses to defend his action
- “She (or he) is hypersensitive; how
could anyone be offended?” - “I treat everybody this way.”
- “No one ever complained before,
so how can the conduct be offensive?” - “Boys will be boys.”
- “I didn’t mean any harm.”
- “No harm, no foul.”
- “I just read the policy again and I
still don’t understand where you draw
the line.” - “I was only mentoring, trying to help
with a personal crisis.” - “You cannot take that charge seri
ously; he (or she) is trying to hold us
up.”
what to do when you experience harassment or witness it
report it to the appropriate official you are not required to report it to your supervisor
what do you need to do as the complainant
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.
Disciplinary measures use on harasser by employer
- an oral or written warning;
- deferral of a raise or promotion;
- demotion;
- suspension; or
- discharge.
1964
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.
1967
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.
1968
The equal employment opportunity commission the agency that enforces federal Anti-discriminatory law find employer permitting harassment on p[olish employer
1980
EEoc interprets sexual harassment as a type of sex discrimination
1981
sexual insults create hostile environment
1986
addressing sexual harassment in court for the first time.
1989
law against age harassment over 40
1990
EEOC announce Sexual favoritism can be sexual harassment
1991
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
1993
Standard for hostile environment
1998
Same-sex harassment
Employer duty to prevent harm towards it employee
Employee duty to avoid harm
1999
Importance of employer’s
antiharassment policy
2000
Employee must use avenues
available
2001
Disability harassment
An invitation to some sexual
conduct does not excuse other
unwelcome conduct
The First Amendment does not
protect harassment
2003
Offensive sexual banter can create
hostile environment
