Same Sex Sexual Harassment

Presented by :

Sarah Baxter

Arin Billingsley

Honey Bonjour

Kathleen Clark

Carl Demaio

https://www.youtube.com/watch?v=zvJdqAL5XfI&feature=share_email

Definition

Sexual harassment is defined by unwelcome sexual advances, requests

for sexual favors, and other verbal or physical conduct of a sexual nature

that is made a condition of employment, the basis of an employment

decision, or that contributes to a hostile working environment.

While most forms of sexual discrimination are associated with heterosexual

relationships, a sharp increase in the number of same-sex harassment

complaints is beginning to raise public consciousness of this issue. The

problem, however, has been present for a while. EEOC statistics reveal that

the number of same-sex harassment charges has doubled in the last 5

years. 

EEOC Definition

It is unlawful to harass a person (an applicant or employee) because of that person’s 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 person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t 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.

Types of Sexual Harassment

There are two types of sexual harassment that are legally recognized:

Quid pro quo sexual

harassment

Hostile environment sexual

harassment

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when an employee gets on the promotion

track or even gets to keep his/her job is based on if the employee submitted to or

rejected sexual advances or other types of inappropriate sexual comments. For

example, if a supervisor were to tell an employee she would be more likely to be

promoted if she dressed sexier, that would be considered quid pro quo sexual

harassment.

Remember, if an employee submits to the sexual advance or comment, it does not

necessarily mean that the employee is then barred from ever making a complaint. If

the employee should change her mind, she can still complain against the supervisor

who made the comment.

Hostile Environment Sexual Harassment

This type of sexual harassment occurs when a co-worker or supervisor in the workplace makes sexual advances or comments to an employee that, while not affecting promotions or the future of the employee's job, makes the working environment of the employee offensive and hostile. In general, the comments tend to affect the employee's ability to do her job. Some instances of hostile environment sexual harassment can be:

Personal questions of a sexual nature

Vulgarities and other offensive language

Physical conduct that is sexual or degrading to any reasonable person

Any sexually explicit or offensive pictures or literature that is in plain site of other employees

If the employer was aware, or should have been aware, of the sexual harassment and did not take action to discipline the offender and correct the situation, the employer can be liable as well as the offender.

 Non-Direct Harassment?

Sometimes third parties who were not

directly the target of sexual harassment

may be able to bring a claim against the

offender if the third party has suffered

certain repercussions due to the

offender's inappropriate actions. If the

third party does not get a promotion she

rightfully deserved because another

employee submitted to sexual

harassment and was promoted because

of it, the third party has the right to

lodge a complaint against the offender.

Behaviors that Constitute Harassment

What constitutes sexual harassment can vary depending on the situation and people involved. It might include behaviors like unwelcome sexual advances, requests for sexual favors, direct or indirect threats or bribes for sexual activity, sexual innuendos and comments, sexually suggestive jokes, unwelcome touching or brushing against a person, pervasive displays of materials with sexually illicit or graphic content, and attempted or completed sexual assault.

Severity of Harassment

Sexually oriented behavior is considered more severe when:

The harasser is at a higher

hierarchical level than the victim

The harasser has behaved similarly

toward the victim and others over

time

There are job consequences for

the victim

Explanations of Harassment

Biological Model: Sexual harassment represents a type of behavior

(sexuality in general, human courtship patterns) to be accepted, rather

than a problem to be solved. Inconsistency between the model and

actual characteristics of targets and harassers.

Sociocultural Model: Sexual harassment has little to do with sexuality

and more to do with the assertion of power and dominance over others

(e.g., gender norms of male dominance and female subservience) Men

are socialized to be aggressive and dominant, whereas women are

socialized to be acquiescent.

Explanations of Harassment continued..

Organizational Model: Organizational characteristics set the stage for

sexual harassment for example: power hierarchies, skewed gender

ratios, gendered occupations, part-time vs. full-time workers,

newcomers, occupational cultures. A higher power differential means

greater levels of sexual harassment.

Gender Role Spillover Model: The effects of gender role expectations

are emphasized (especially those that are irrelevant to the conduct of

work). More likely to occur in skewed groups.

Individual Differences Model: Even when working under the same

conditions, not every person engages in sexual harassment.

Statistics

The percentage of charges filed by males has increased from 16.1% to

17.8% in 2012. Although women are still filing the majority of EEOC

sexual harassment charges, it is worth noting this significant increase in

charges filed by men. ****This may be because the harassment is rising,

or the willingness to come forward is more prevalent!

EEOC Says

Approximately 15,000 sexual harassment cases are brought to the Equal Employment Opportunity Commission (EEOC) each year. 

31% of the female workers claimed to have been harassed at work 

7% of the male workers claimed to have been harassed at work 

62% of targets took no action 

100% of women claimed the harasser was a man

59% of men claimed the harasser was a woman 

41% of men claimed the harasser was another man

Incidences

Long Prairie Packing Co. in Long Prairie, Minn., which in 1999 settled the EEOC’s first male-on-male sexual harassment class action by agreeing to pay $1.9 million.

Burt Chevrolet and LGC Management in Colorado, which agreed in 2000 to pay $500,000 to settle the claim that 10 former salesmen were persistently subjected to same-sex harassment by male managers.

Hill Brothers Construction, which decided in 2007 to pay $225,000 to settle male truck drivers’ claims of same-sex harassment in Mississippi.

A female manager was accused of harassing female coworkers because the female manager supposedly favored male colleagues and “picked on” a female employee about how she dressed, her hairstyle and jewelry, and her personal life

Sexual Harassment Between Same Sex Peers

Same sex harassment cases between peers can be a difficult and complex issue to address.

These issues can range from men with less masculine traits being victimized by men with more masculine traits, a superior requesting sexual favors in return for a promotion or raise, or to degrade the junior coworker.

Within the school environment, male against male sexual harassment is just as valid as female against female harassment.

In a notable case, a young man filed a lawsuit against his school mates over the fact that they had stripped him naked, taped him to a towel rack, and forced a female to look at him in the men's changing room. This case unfortunately did not end well. It was decided that this was not abnormal behavior for a male and the case was dismissed under the missive 'boys will be boys.

Educating Youth tips for teens

Many steps can be take to help teens in same sex harassment predicaments and prevent further harassment from taking place.

Actions such as sexual comments and jokes, pulling down or up on a victims pants, creating 'slam books', or journals with degrading comments and pictures of a victim, spying on peers undressing or taking photos of a peer undressing, and flashing a victim constitute sexual harassment.

Speaking about sexual harassment in school or the workplace, providing information for teens to read through, and knowing various sources teens can use if they are experiencing harassment, such as counseling, support groups, and psychological help are helpful as well.

Most importantly, realize that there are certain environments, situations, and patterns when it comes to sexual harassment. School buses, overnight stays at friends houses, and workplaces with low supervision are particularly dangerous. Knowing these are half the battle.

Tips for Educators Schools Teachers…

Youth and teens are  exposed to sexual behavior through the media.

Parents, educators, and youth workers can have an influence and positive impacts.

Media and unhealthy or unrealistic ideas about teens and sexuality bring negative affects and cause harmful behavior.

Sexual harassment is happening in the school such as sexual comments, showing sexual photos, harsh name calling, grabbing and touching.

Teacher, parents and those who work with youth should not be hesitant to talk about sexual harassment.

Educators should be aware and pay attention to hurting students and those being harmful.

Teachers should provide open, honest communication with their students and provide info and have workshops on the topic to help students. 

What parents can do

TALK TO YOUR KIDS!

Talk with their children, let them know it isn't okay to call people "gay" in a derogatory manner.

Prohibit inappropriate behavior such as "mooning" or "flashing" or even "de-pantsing" 

Let children know that spreading rumors is wrong.

Pay attention to your kids, notice when they are distressed.

Make clear that your child knows what is considered sexual harassment!

Same sex harassment is treated the same as heterosexual harassment when filed. 

Processes for filing complaints

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination.

If you file a charge, you may be asked to try to settle the dispute through mediation. Mediation is an informal and confidential way to resolve disputes with the help of a neutral mediator. If the case is not sent to mediation, or if mediation doesn't resolve the problem, the charge will be given to an investigator.

If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, we will attempt to reach a voluntary settlement with the employer. If we cannot reach a settlement, your case will be referred to our legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If we decide not to file a lawsuit, we will give you a Notice of Right to Sue.

Military Policies on Sexual Harassment

The policy of the United States Army is that sexual harassment is unacceptable

conduct and will not be tolerated. The Army is totally committed to creating and

maintaining an environment conducive to maximum productivity and respect for

human dignity. The vision of America's Army as an effective force, trained and

ready to fight and win, demands reaffirmation of a commitment to a work and

duty environment free of sexual harassment for all personnel, whether civilian or

military, in the active and reserve components. The Army is an organization of

people, and its success is based on their ability to perform in an environment of

mutual respect, dignity, and fair treatment. This demands zero tolerance of sexual

harassment.

MARINES

The Marine Corps have annual training for sexual harassment in every level of

the service. Marines must not be hesitant to report incidents of sexual

harassment or discrimination of any kind. Commanders must ensure Marines

understand their obligation to report incidents, without fear of reprisal, and

that people and services throughout the Marine Corps community are

available to assist.

These are leadership issues, which require every commander's attention.

Commanders must all ensure that Marines are treated with dignity and

respect. Commandant greatest responsibility to the Nation is to make and

provide Marines who will fight and win with as few casualties as possible. If

the marines are treated with respect and dignity, they will allow the Corps to

fulfill its mission.

NAVY

Any person in a supervisory or managerial position or any military member of civilian employee violates this policy if he/she makes unwelcome verbal comments or gestures; engages in sexually-oriented teasing or spreading of rumors; tells sexually-orientated jokes, or makes similar innuendoes. Any physical contact of a sexual nature is also engaging in sexual harassment. This policy prohibits harassment based on sexual orientation. The gender of the members/employees involved shall not be a factor when determining if sexual harassment has occurred.

The Navy is committed to eliminating all forms of sexual harassment. It is expected every manager and supervisor to be knowledgeable of regulations prohibiting sexual harassment and to carry out and take seriously these policies to their employees. Finally, any MSC employee who engages in sexual harassment while conducting business with personnel of the Department of the Navy, with other Federal agencies, with persons employed in the private sector or members of the public is violating the standards of conduct and will be subject to administrative/disciplinary action.

AIR FORCE Secretary of the Air Force Sheila Widnall and Under Secretary for Personnel

and Readiness Edwin Dorn presented a five-part plan for addressing the issue of sexual harassment.

They said they would:* Work closely with Congress and in particular submit after-action reports on the four cases discussed at the March 9 HASC hearing* Prepare a new sexual harassment policy statement for the Secretary's signature* Establish a "Task Force on Discrimination and Sexual Harassment" to review and improve the Department's complaints handling process* Conduct a new survey on sexual harassment in the military; * Ensure that EO training for senior leaders includes instruction on leaders' roles in dealing with discrimination and harassment.

Why talk about the military?

A Family Research Council analysis of publicly available documents-the Pentagon's own report on sexual assault in the military for Fiscal Year 2009, and published decisions from military courts of appeals over the last decade and a half-have shown that there is already a significant problem of homosexual misconduct in the military. 

FRC has reviewed the "case synopses" of all 1,643 reports of sexual assault reported by the four branches of the military for Fiscal Year 2009 (October 1, 2008 through September 30, 2009). Our startling finding was that over eight percent (8.2%) of all military sexual assault cases were homosexual in nature.

http://www.huffingtonpost.com/2011/09/20/dont-ask-dont-tell-repeal_n_971406.html

http://www.huffingtonpost.com/2013/06/04/military-gays-jerry-boykin-_n_3380626.html

THE END

Any questions?

REFERENCES

http://www.eeoc.gov/employees/charge.cfm

http://edis.ifas.ufl.edu/fy850

http://www.sexualharassmentlawfirms.com/Sexual-Harassment-statistics.cfm

https://www.youtube.com/watch?v=k8zeaYFQMJM

http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-harassment/

http://www.legalmatch.com/law-library/article/types-of-sexual-harassment.html

http://www.eeoc.gov/laws/types/sexual_harassment.cfm

http://www.newyorkcitydiscriminationlawyer.com/same-sex-sexual-harassment.html

http://www.thedailybeast.com/articles/2014/10/12/no-shaking-sexual-harassment-allegations-for-gay-gop-house-hopeful.html

More References

http://sw.oxfordjournals.org/content/47/1/65.full.pdf

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2405&context=ulj

http://sw.oxfordjournals.org/content/47/1/65.short

We also took some information from the class lectures as well!