d rummond w oodsum & m ac m ahon sexual harassment copyright 2006 drummond woodsum &...

DRUMMONDWOODSUM &MACMAHON

SEXUAL HARASSMENT

Copyright 2006 Drummond Woodsum & MacMahon. All rights expressly reserved.

What’s The Point of Sexual Harassment Training Anyway?

• Required by law

• 26 M.R.S.A. § 807(3) requires education and training

• Best Defense

• A good idea

Why is sexual harassment illegal???

Sexual HarassmentThe Legal Definition

• Explicit or implicitly a term or condition of employment • Submission or rejection affects employment decisions

• Interferes with work or causes intimidating hostile or offensive environment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical

conduct of a sexual nature when:

Let’s break that down

Elements of Sexual Harassment

• Conduct

• Sexual in nature

• Unwelcome to the recipient

• Affects work

Element #1CONDUCT

Touching?Gestures?Language?E-mails?Posters?Thoughts?

So basically . . .

Conduct is:

anything that can be perceived

Element #2SEXUAL IN NATURE

• Context

• Subjective vs. objective

• What about profanity?

Element #3UNWELCOME TO RECIPIENT

After all, we’re talking about harassment

But that’s not as simple as it sounds . . .

What is unwelcome?

Subjective vs. objective

Who is a “recipient”?

Who Can Be a Harasser?

Male/Female

Female/Male

Same Sex

Element #4

AFFECTS WORK

Who Can Be a Harasser?

Supervisors

Co-workers

What about non-employees?

Non-employees

• Contractors

• Vendors

• Others

Two Kinds of Sexual Harassment

• Quid Pro Quo – Something for Something

• Hostile Environment – Conduct that is severe and pervasive

Where Can Harassment Occur?

• In the workplace

• Off premises at District sponsored events

• Off premises at non-sponsored events

RETALIATION

• Retaliation is illegal

• Retaliation may give rise to personal liability

• Any adverse action may constitute retaliation

If you feel you have been harassed…

• Follow District policy

• Report your concerns to your supervisor, or to any of the people listed in the policy

• Call the Maine Human Rights Commission

What can you do?

What happens if you make a complaint?

• Investigation

• Confidentiality issues

What are your obligations as an employee?

1. Do not engage in inappropriate behavior

2. If you know of possible harassment, report it

3. Maintain confidentiality

4. Do not retaliate

DRUMMONDWOODSUM &MACMAHON