Sexual harassment recognition and prevention

Sexual harassment recognition and prevention Tray White Fire Captain Burbank Fire Department SERVICE BEFORE SELF…

References • Americans with Disabilities Act of 1990 • Civil Rights Act of 1964 (amended 1972) • Government Code Section 12920 • ABC’s of Federal Employment Law, 2008, Labor Relations Information System.

Learning Objectives • Without aid of reference; recognize the applicable laws protecting different classes of citizens at work • Without aid of reference; understand process of filing complaints with employer and state/federal agencies • Without aid of reference; recognize inappropriate behavior and know steps to remedy the situation

Why do I need to know this? • It is your responsibility to know what behavior is acceptable and what is not. • You are also expected to assist in remedying the inappropriate behavior through direct action or reporting. • You are protected by these statutes throughout your employment, even during your probationary period

Why do I need to know this? • Recent surveys show that 42 – 90% of all working women report experiencing some fashion of sexual harassment. • High costs in terms of absenteeism, decreased work performance and health costs. • Different organization dynamic today than there was a generation ago. We have more women in the fire service today than before. • Title VII specifically prohibits gender based discrimination, courts in California have ruled that harassment is included in this definition.

What protects me? • The Fifth Amendment • Guarantees due process of the law • The Thirteenth Amendment • Abolishment of slavery • The Fifteenth Amendment • Guarantees the citizens’ right to voteWhy do I need to know this?

Specific statutes… • Title VII of the Civil Rights Act of 1964 • Amended in 1972 • WHAT CHANGED???????? • Prohibits discrimination in all phases of the employment process because of: • Race • Color • Religion • Sex • National Origin

Definitions… • Disparate Treatment: • The employer is treating ME unfairly because I am a member of a protected class. • Disparate Impact: • The employer is treating a specific group of employees unfairly because their status as a protected class by use of general policy. • Workplace harassment: • Conduct that unreasonable interferes with a person’s work performance or creates an intimidating, hostile or offensive work environment.

Employment process • Defined by the court to mean: • Recruitment • Hiring • Placement • Transfers • Shift assignments • Wages and benefits • Education and training • Terminations • All other conditions of employment

Effects of policies on employees… • Promotional procedures • Transfers • Shift assignments • Wage and benefit negotiation • Placement of personnel • Promotion • Transfers

Equal Employment Opportunity Commission (EEOC) • Established to eliminate inequities found in the employment process • Strives for everyone to be treated fairly and equally

Affirmative Action • Goal was to have a work force that reflects, at every level of the organization, the sexual and ethnic composition of the surrounding area. • Is no longer used as strictly as it once was. It is more of a guideline or desire than a set in stone policy. • Must not discriminate against non-minorities during its application.

What is a “Hostile Work Environment?” • A harassment compliant must be: • Sexual in nature or based on gender AND: • The conduct must be sufficiently pervasive to so alter the conditions of employment and create an abusive working environment.

Environmental factors… • Nature of the unwelcome sexual acts or words. • The frequency of the encounters. • The total number of days over which the sexually harassing conduct occurred. • The context in which the sexually harassing conduct occurred. • Whether the harasser was a supervisor or co-worker. • Whether others perpetuated the harassment • Whether the harassment was directed at more than one person.

Behaviors contributing to a sexually hostile environment… • Discussing sexual activities. • Telling off color jokes. • Unnecessary touching. • Commenting on physical attributes. • Displaying sexually suggestive pictures. • Using indecent gestures. • Using demeaning terms, such as “babe.” • Sabotaging the victim’s work. • Using crude offensive language. • Granting favors to those who participate in consensual sexual activity.

How do we know what is offensive? • The reasonable person test: • It applies from the male or female view of the situation depending on the sex of the victim. • Wholly based on the victim’s perspective. • Intent of the harasser is irrelevant. • “I was just kidding.” Doesn’t excuse the harasser’s actions.

Offensive conduct… • Conduct creating a “hostile work environment” does not have to be sexually oriented. • Claims must be made on threatening, demeaning, hostile or offensive conduct by a supervisor in the workplace because of the gender of the victim. • No sexual advances are required to claim sexual harassment under Title VII.

What else is sexual harassment? • What if the victim is male? • It is still harassment. This has become more common, but less reported than female harassment. • What about favoritism? • Favors granted because of consensual sex is considered harassment and can be claimed by those not involved in the actual “sex.” • What about homosexual harassment? • Sexual orientation has nothing to do with whether harassment is illegal.

Homosexual harassment… • Oncale vs. Sundowner Offshore Services, Inc., 118th Supreme Court 998 (1998) • Title VII prohibits harassment against individuals of the same sex because it is based on the victim’s gender. • Harassing conduct need not be motivated by sexual desire.

Forms of sexual harassment… • Physical: • Assault • Unwanted touching • Patting • Fondling • Blocking • Leaning • Exposing • Staring • Leering

Forms of sexual harassment cont… • Visual: • Pornographic materials • Photos depicting either men or women as sexual objects (beefcake photos) • Unwelcome behavior: • Even if the person isn’t forced to comply with the harasser, the behavior is still unwanted. • Person claiming harassment need not directly reject the sexual advances or chastise the harasser. • However; they must demonstrate by their conduct that the advances were unwelcome.

Nonsexual harassment… • Anytime the workplace becomes uncomfortable for an individual because of the actions or treatment of other employees or an employee. • Hazing of new employees or employees which have been transferred to a new assignment. • Promotion in rank and still working with or supervising your former peers. • Treatment of individuals in groups that are not accepted. • New person assigned to station is of different ethnic origin, race or religion and is treated differently because of it.

Liability… • This is why you are taught these subjects… • Individuals are personally liable for their actions and inactions. • Managers and supervisors: • Liable for not taking action to correct the situations of harassment • Must be determined that the supervisor knew about the harassment. • Employers: • If the supervisor harasses; regardless if the employer knew about it they are liable. • Non-employee or non-supervisor employee harasser; company only liable if shown they knew and didn’t act.

Prevention… • EDUCATION, EDUCATION and EDUCATION! • Employees need to be aware of how their action may be perceived by others. • Would I want to be treated like that? • Would I act the same in the presence of my spouse or mother? • Would I stand for someone treating my family in that manner? • Would you want to read about your actions in the front page of the local newspaper?

Case studies… • Rene vs. MGM Grand (pg 13) • Male on Male groping • Washington vs. Board of trustees (pg 13) • Derogatory names • Sheperd vs. Comptroller of Public Accounts (pg 15) • Comments • Birschtien vs. New United Motor Manufacturing (pg 16) • Retaliation

Conclusion… • Sexual harassment and hostile work environment is in the eye of the offended. It is all of our responsibility to prevent it and correct it when it occurs in our presence. This behavior is neither professional nor necessary. • Many of the anti-hazing rules are a result of these statutes. It is everyone’s responsibility to know the applicable laws abide by them. • SERVICE BEFORE SELF…

Questions? • Ask now or forever hold your peace…

Sexual harassment recognition and prevention