dignity and respect in the workplace for all employees. Present Best Cares and BBSIs stand on harassment and discrimination Learn what is acceptable and unacceptable workplace behavior. Understand the responsibilities of all employees to help maintain an environment free from harassment. Learn what to do if you experience or observe harassment in the workplace. In 1980 the EEOC issued guidelines declaring sexual harassment a violation of Section 703 of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable, and suggesting affirmative steps an employer should take to prevent sexual harassment. Defines sexual harassment as unwelcome sexual conduct. Two types of sexual harassment: "quid pro quo" "hostile environment Quid Pro Quo this for that Occurs between a supervisor and employee. Supervisor abuses power. When employees submission to or rejection of sexual requests or conduct is used as a basis for employment decisions. Hostile Work Environment: Unwelcome behavior; Severe or pervasive conduct (or both); Offensive to the reasonable person; Alters working conditions to create an abusive working environment; Can be created by anyone in the workplace. The victim becomes a target because they refuse a sexual request. EXAMPLES: Being fired Passed over for a raise or promotion Being given less than desirable work Conduct that is severe, pervasive, or both. This can include items displayed in the workplace that reasonably interfere with job performance or that create an intimidating, hostile, or offensive work environment. EXAMPLES Sexually explicit pictures, calendars, or objects Using foul language Making sexual jokes Using obscene gestures An employee is asked to talk about her raise with her supervisor after hours at a romantic restaurant. An employee brings a sexually explicit gag gift into work for a co-workers birthday present. A supervisor regularly uses obscene language when talking to his employees. It is unlawful to harass a person because of that persons sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a persons sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. A female employee wears miniskirts to work. Is this inviting harassment?
A female supervisor makes frequent
comments about a male employees physique. Is this sexual harassment?
A male supervisor makes frequent comments
about a male employees physique. Is this sexual harassment? Inappropriate electronic material Text messages, Twitter, Facebook, Instagram, Snapchat, email Suggestive Messages EXAMPLES: Sexual comment about an employees photo posted on a social networking site. Repeated text messages for a date. Offensive photos or videos sent via email or cell phone. Sexual innuendo via tweet, text, email or FB message. Two co-workers forward each other off-color jokes via email.
An employee asks a co-worker out.
Two co-workers develop a personal
relationship. An employee posts a swimsuit calendar in their work area.
An employee posts a male pinup poster in her
work area.
A vendor makes provocative comments to the
receptionist. YES Supervisors Subordinates Co-workers Clients/customers Vendors Same-sex Direct targets of harassment Bystanders/witnesses to harassment Verbal Visual Physical - Unwanted propositions - Displaying of sexually - Inappropriate touching - Repeated requests for suggestive objects, - Holding dates cartoons or posters - Grabbing - Sexual jokes - Leering, staring or - Massaging - Boasting of sexual ogling at ones body or conquests - Hugging parts of ones body - Excessive compliments - Kissing - Obscene gestures or - Insulting sounds, cat calls facial expressions - Accidental bumping - Spreading rumors that - Leaning over someone employees are sleeping - Downloading together (same or opposite pornography from - Invading personal sex couples) internet space -Asking questions about - Emailing sexual jokes personal sexual matters or images - Using terms such as babe, honey, sweetie It is important to understand that intent has limited relevance in determining whether or not a behavior is sexual harassment.
What matters most is the impact of the behavior on the
work environment.
I didnt mean anything by it, is not a valid defense of
harassing behavior.
If you have any doubt about a behavior being unwelcome,
dont do it or say it.
Avoid the risk of offending a co-worker and the
consequences of sexual harassment. The stray remark The overly sensitive employee Consensual relationships Employers Supervisors Employees Discrimination and Harassment is Prohibited Based on: Race Sexual Orientation Color Ancestry Religion Marital Status Sex Pregnancy National Origin Citizenship Status Age Military Status Disability Any other form of illegal harassment Understand what it is and how it affects others.
Think about how your actions or comments might be
perceived by others.
Be careful with humor in the workplace. Stay away
from jokes that center on topics such as sex, race, religion, gender or ethnicity.
Dont let peer pressure influence your behavior.
Ask yourself if your behavior is something you would
want your spouse, children or parents to witness. Set an example with your own behavior. Be consistent in your expectations. Communicate any discomfort early on. Seek assistance if the harassing behavior is persistent. You have the responsibility to: Inform the offender that the behavior is unwelcome and needs to stop. Often this action alone will resolve the problem.
If it is too awkward to talk to the offending person
or the problem is pervasive or severe, talk to Human Resources, your supervisor or a BBSI representative. If you think you may have offended or upset someone:
Apologize to the person you may have
offended.
Be careful not to repeat the behavior.
Your Companys Anti-Harassment Policy Your Human Resources Department Your BBSI Representative The Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that clarifies and enforces federal harassment laws.