TOPIC: SEXUAL HARRASMENT

PRESENTED BY: NDIZEYE Marc

1.1. Definition:

Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders when submission to, or rejection of, such conduct explicitly or implicitly affects an individuals employment, work performance, or creates a hostile or intimidating work environment.

Sexual harassment is a form of sex discrimination. The legal definition of sexual harassment is unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.

Conduct is not sexual harassment if it is welcome. For this reason, it is important to communicate (either verbally, in writing, or by your own actions) to the harasser that the conduct makes you uncomfortable and that you want it to stop.

Unwelcome

Many different kinds of conductverbal, visual or physicalthat is of a sexual nature may be sexual harassment, if the behavior is unwelcome and if it is severe or pervasive. Verbal or written: Comments about clothing, personal behavior, or a persons body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out;telling rumors about a persons personal or sexual life; threatening a person

Conduct Of A Sexual Nature

Physical: Assault; impeding or blocking movement; inappropriate touching of a person or a persons clothing; kissing, hugging, patting, stroking Nonverbal: Looking up and down a persons body; derogatory gestures or facial expressions of a sexual nature; following a person

Visual: Posters, drawings, pictures, screensavers or emails of a sexual nature Non-sexual conduct may also be sexual harassment if you are harassed because you are female, rather than male, or because you are male, rather than female.For example, it may be sexual harassment if you are a woman working as a carpenter on an all-male job, and you are the only one whose tools are frequently hidden by your male co-workers.

Severe or Pervasive The conduct of the harasser must either be severe or it must be pervasive to be sexual harassment. A single incident is probably not sexual harassment unless it is severe. For example, a single incident of rape or attempted rape would probably be sexual harassment (it would also violate criminal laws).

Although a single unwanted request for a date or one sexually suggestive comment might offend you and/or be inappropriate, it may not be sexual harassment. However, a number of relatively minor separate incidents may add up to sexual harassment if the incidents affect your work environment. Some questions you can ask yourself to determine whether the conduct is pervasive are: How many times did the incidents occur? How long has the harassment been going on? How many other people were also sexually harassed?

Affects Working Conditions or Creates a Hostile Work Environment If you are fired, refused a promotion, demoted, given a poor performance evaluation, or reassigned to a less desirable position because you reject a sexual advance, that almost certainly is sexual harassment. Even if the conduct does not result in economic injury or change of status to your job, it may be sexual harassment if the conduct unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment.

 For example, it may be illegal sexual harassment if repeated sexual comments make you so uncomfortable at work that your performance suffers or if you decline professional opportunities because it will put you in contact with the harasser.

2.1. Sexual Joking : Sexual harassment exists where the conduct is unwelcome. Therefore, while some women think that if they join in the joking it will lessen the impact of the harassment, it may, in fact, work against them. It provides evidence that they did not find it objectionable or offensive, and may result in a determination that they were not victims of a hostile environment. In fact, going along with the jokes is not effective in stopping harassment, and in a significant number of cases, just makes it worse.

As unfair as it may seem, the law permits review of provocative dress, bad language, and other conduct of the target of harassment. There are several cases in which complaints of sexual harassment were denied because the targets participated in sexual horseplay or used vulgar or foul language themselves. Ultimately, the determination of whether a work environment is hostile is made after reviewing all of the circumstances and the context in which the behavior occurred.

calling a woman doll, babe, sweetie, or honey; using sexist phrases, like dumb blondes; claiming that women cry more or are too emotional; asking male workers to think above their belt buckles; announcing that women cant manage or workers will not work for a woman; stating that some jobs are just womens work; or, suggesting that women should be barefoot and pregnant.

2.2. Sexist Words: Sometimes sexual harassment takes the form of words that are directed at females in general, including:

2.3.Sexist Behavior. A harassers physical conduct may also contribute to a sexually harassing environment. Examples of sexually harassing conduct without words include: looking up and down a persons body; cornering a person or blocking a persons path; following the person; giving personal gifts; hanging around a person; intentionally standing too close to or brushing against a person; looking up a skirt or down a blouse; pulling a person onto ones lap; displaying sexist or sexual calendars;

2.4. Sexual Advances. Some harassment may include physical and verbal sexual advances towards one or more victims. Examples of these include: turning discussions to sexual topics; telling sexually explicit or suggestive jokes or stories; asking about sexual fantasies, experiences, preferences, or history; making sexual comments or innuendos; telling lies or spreading rumors about a persons sex life; asking personal questions about social or sexual life; making sexual comments about a persons clothing, anatomy, or looks; repeatedly asking out a person who is not interested; or, making harassing phone calls or emails.

asking a person to spend the night; asking a person to have an affair; or, asking a person to have sex or to engage in sexual conduct.

2.5. Requests for Sex. This type of sexually harassing behavior typically occurs when a supervisor suggests or promises benefits, like a promotion or wage increase, if the victim engages in sexual activity. These requests include:

2.6. Sexual Intimidation. This type of coercion occurs when there is a warning that the employee will lose his or her job or lose a job benefit unless the he or she agrees to engage in a sexual activity. For example, telling a person to go to a motel to negotiate a raise or ordering a person to provide sexual services to avoid a transfer. 2.7. Sexual Criminal Conduct. Less common, but more violent, sexually harassing conduct may include:

threats of harm; forced sexual touching; or, attempted or completed sexual assault.

Any attempted or completed grabbing, touching, or forcing sexual activity without consent is a sexual crime.

President Clinton himself came under fire for alleged sexual harassment. Paula Jones was a state employee when Clinton was Governor of Arkansas. In 1991, she claimed that Clinton exposed himself and asked her for oral sex in a hotel room. Clinton denied all allegations. After several rounds of filing, Jones's lawsuit was dismissed for failing to state a claim. During the appeals process, a settlement was reached. Jones dropped her suit against Clinton in exchange for $850,000. However, she never received an admission of guilt or an apology.

3.1. Paula Jones/President Bill Clinton

Jones's allegations paved the way for investigating the President's sex life. The Monica Lewinsky scandal and the impeachment of President Clinton were big follow-ups to the Paula Jones case.

4.1. Quid Pro Quo Sexual Harassment: "Quid pro quo" means "this for that." An example of this form of sexual harassment occurs if a teacher (or any school employee) stipulates that your grade (or participation on a team, in a play, etc.) will be based on whether you submit to unwelcome sexual conduct. This abuse of authority is illegal regardless of whether you refuse sexual demands or submit to them.

4.2. Hostile Environment Sexual Harassment: Verbal, physical or visual forms of harassment, that are sexual in nature, "sufficiently severe, persistent, or pervasive" and unwelcome fall under the category of Hostile Environment Sexual Harassment. A single, severe incident, such as a sexual assault, could create a hostile environment. More commonly, a "hostile environment" is created by a series of incidents.

5.1. Sexual coercion It is known as quid pro quo sexual harassment in the United States. Sexual Coercion is a type of harassment which has direct results in some consequence to the victim's employment. It is employment discrimination. Sexual coercion is under a condition of employment, where an openly or implicitly offer in keeping a job or getting a promotion is made by a supervisor to an employee in exchange for sexual favors. Such person normally has the power over promotion or raise of the employee.

 In sexual coercion, promotion and favorable job benefits will follow if an employee takes the advantage and consented to sex. On the contrary, if the employee rejects, the job benefits are denied.

It is also known as hostile environment sexual harassment. Sexual annoyance is a demeaning and unwelcome sexually related behavior that is offensive, hostile or intimidating to the victim, but has no direct connection to any job benefits. However, the annoying behavior creates an offensive working environment which affects the victim's ability to continue working. Sexual annoyance includes sexual harassment by an employee against a co-employee. Similarly, sexual harassment by a company's customer against an employee also falls into this category.

A strong and visible policy on sexual harassment is a positive first step toward prevention. Educational seminars and workshops for managers and employees will also help to raise awareness of the problem. Establishing internal procedures to handle human rights complaints will also reduce the possibility of problems occurring.

The obligation rests with employers to prevent sexual harassment in the workplace. If sexual harassment occurs, the employer may be ordered to pay financial compensation to the person harassed. A strong and clear policy prohibiting sexual harassment and other preventative measures are in the best interest of the corporation.

GOD BLESS YOU