Civil Rights Act of 1964

1. Civil Rights Act of 1964 • (a) it shall be unlawful employment practice for an employer -- (1) to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin...

2. What is sexual harassment? • Harassment on the basis of sex is a violation of sec. 703 of Title VII of the Civil Rights act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

3. Quid Pro Quo • Submission to the conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other University activity, • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions, or

4. Hostile Environment Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive work or learning environment.

5. Necessary Showings • The conduct must be severe or pervasive • “Mere offensive utterances” do not constitute sexual harassment. • Courts look at all of the circumstances to determine whether a reasonable person would consider the conduct to be severe or pervasive from the victim’s viewpoint. • Frequency and severity are balanced.

6. Employee’s StorySupervisor’s Story I was excited about my new assignment on a special department project I was flattered when my boss suggested we discuss it over dinner. At first I felt uncomfortable about meeting him in a social setting but, deciding that I was being paranoid, agreed. During dinner, we began to discuss the new project. As the evening progressed, the conversation shifted to very personal topics, including my present and past boyfriends. I tried to shift the conversation back to something related to work but he kept drifting back to personal issues. Occasionally he touched my hand and told me he thought I was attractive. As we were getting ready to leave, he stood uncomfortably close to me and patted me on the arm. I felt nervous about the way he was relating to me but I was afraid to offend him by saying anything. Now I find myself avoiding him even though I respect his opinions and need his guidance to do well in my department. I was impressed with her work, and gave her a special assignment that would help her to expand her abilities as well as help the department move forward. I thought the project had real potential. I invited her to dinner so we could talk over her ideas in a more relaxed atmosphere. I thought this would be helpful since she seems very bright but is nervous and shy in group meetings. I enjoyed getting to know her better and I could tell the feeling was mutual. We had a good time and the discussion was productive. Since our meeting, I haven't seen much of her. I’m surprised that after such a promising start she seems less interested in my help. I guess she changed her mind about the assignment. It makes me wonder if she’s really promotion material.

7. Is this a hostile work environment? Ellison and Gray are revenue agents in the same office. According to Ellison, Gray pesters her and hangs around her desk. Ellison declines an invitation to go out for drinks and suggests lunch the next week but then tries to stay away from the office during lunch time to avoid having to go. Sometime during the next week, Gray uncharacteristically wears a three piece suit and asks Ellison to lunch. She declines.

8. Is it now? Gray gives Ellison the following note: “I cried over you last night and I’m totally drained today. I have never been in such constant term oil (sic). Thank you for talking with me. I could not stand to feel your hatred for another day.” Ellison leaves the room after reading the note and Gray follows her. Ellison leaves the building.

9. What about now? Ellison gets Gray’s note on Wednesday. He calls in sick on Thursday and Ellison is off Friday. The next Monday she starts four weeks of training out of town. Gray sends Ellison a three-page typed single spaced letter which states in part: “I know you are worth knowing with or without sex.... Leaving aside the hassles and disasters of recent weeks, I have enjoyed you so much over these past few months. Watching you. Experiencing you from O so far away. Admiring your style and élan.... Don’t you think it odd that two people who have never even talked together, alone, are striking off such intense sparks. . . I will [write] another letter in the near future.”

10. Does Gray’s intent matter? • Suppose Gray sees himself as a modern day Cyrano de Begerac wishing no more than to woo Ellison with his words? There is no evidence that Gray harbors any ill will toward Ellison. • In his three page love letter, Gray offers to leave Ellison alone if she wishes.

11. Other examples of conduct that can create a hostile environment • The lovesick puppy syndrome • A suitor who will not take “no” for an answer • Maybe he or she hangs around, mooning over the unattainable beloved • Invading body space • Calling someone offensive or disrespectful terms (like “babe” or “honey”) • Being insensitive to differing cultural norms

12. Examples of conduct that does NOT create a hostile environment • Conduct that a reasonable person, similarly situated would not find to be pervasive or severe • Isolated instances of “mere offensive utterances” • Asking a co-worker for a date and taking no for an answer

13. Equality • Formal Equality (equal consideration) • Symmetrical model (blind to difference) • Assimilationist modes of achieving equality • Identical treatment • Adrogynous modes of achieving equality • New “qualifications” instituted for everyone • Substantive Equality (status/outcome equality) • Assymetrical model (responsive to difference) • Accommodation modes • can’t help the differences so people shouldn’t be penalized for them • Acceptance modes • Allow for cultural/gender/racial/sexuality differences and make them costless • Empowerment modes • If it undoes white male hetersexual privilege then it is an equal outcome

14. Superson’s proposal Sexual Harassment consists of any behavior (verbal or physical) caused by a person, A, in the dominant class directed at another, B, in the subjugated clss, that expresses and perpetuates the attitude that B or members of B’s sex is/are inferior because of their sex, thereby causing harm to either B and/or members of B’s sex. Objective view of harassment -- does not depend on whether or not B was bothered or disturbed, or on whether A intended to harass, but rather on whether the behavior is an instance of a practice that expresses and perpetuates an attitude that B and members of B’s sex are inferior because of their sex.

15. What is the most interesting thing you learned this week? What were you hoping for? Was your hope satisfied? Was this format acceptable to your learning process? Why or why not? Any changes, recommendations, suggestions you’d like to make.