SECNAVINST 5300.26- Department of the Navy (DON) Policy On Sexual Harassment Flashcards
Which costs of sexual harassment are significant?
Economic
While the Equal Employment Opportunity Commission (EEOC) regulations, reference ©, establish a standard for determining employer liability for sexual harassment under Title VII of what act, reference (d), the DOD definition of sexual harassment establishes a standard that exceeds that of the EEOC?
Civil Rights Act
All DON personnel, military and civilian, will be educated and trained upon accession (within how many days to the extent possible) and annually thereafter, in the areas of identification, prevention, resolution and elimination of sexual harassment?
90 days
Training programs will use a tiered model consisting of how many levels of behavioral zone approach to explain the spectrum of sexual harassment, as outlined in enclosure (2), or other generally accepted training approach of equal or greater effectiveness?
Three-tiered
Training at what interval shall include the application of pertinent informal and formal complaint procedures?
Annual
All reported incidents of sexual harassment shall be investigated and resolved at what level?
Lowest appropriate
For civilian employees, confidentiality is guaranteed during which stage of a discrimination complaint, if requested?
The informal
Military personnel of the Navy and Marine Corps shall be processed for administrative separation on which substantiated incident of sexual harassment involving any of the following circumstances: (1) Action, threats, or attempts to influence another’s career or job in exchange for sexual favors; or (2) Rewards in exchange for sexual favors; or (3) Physical contact of a sexual nature which, if charged as a violation of the UCMJ, could result in punitive discharge?
First
Who are not precluded from initiating administrative separation proceedings for reasons set forth in the appropriate service regulations for individuals whose conduct warrants separation not covered?
Commanders
What is the key to eliminating all forms of unlawful discrimination?
Leadership
Sound leadership must be the cornerstone of the effort to eliminate what?
Sexual harassment
Who are responsible for and must be committed to preventing sexual harassment in their commands and work environment?
Commanders and supervisors
Individuals who believe they have been sexually harassed are encouraged to address their concerns or objections regarding the incident directly with whom?
The person demonstrating the harassing behavior
What is an objective test used to determine if behavior meets the legal test for sexual harassment?
Reasonable person standard
What is taking or threatening to take an unfavorable personnel action or withholding of; threatening to withhold a favorable personnel action; or any other act of retaliation against a military member or civilian employee for participating in the EEO or EO appeal process?
Reprisal
What is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature?
Sexual Harassment
What is an expansive term for military members and may include conduct on or off duty, 24 hours a day?
“Workplace”
Any person in what position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment?
Supervisory or command
For a person’s behavior to be considered sexual harassment, it must meet three criteria: Which are what?
It must be unwelcome, sexual in nature, and occur in or impact the work environment
What is behavior that a person does not ask for and which that person considers undesirable or offensive?
Unwelcome behavior
When recipients are offered or denied something that is work-connected in return for submitting to or rejecting unwelcome sexual behavior, they have been subjected to a type of sexual harassment known as what?
“Quid Pro Quo”
If the behavior produces a work atmosphere which is offensive, intimidating, or abusive to another person, whether or not work performance is affected, a type of sexual harassment called what has occurred?
“hostile environment”
Behavior in which zone is acceptable?
Green
Behavior in which zone may be sexual harassment?
Yellow
Behaviors in which zone are always sexual harassment ?
Red
If yellow zone behaviors occur repeatedly, especially after the person has been told it is unwelcome, it becomes what?
Red zone behavior