Sexual
harassment refers to all types of unwanted sexual attention. Sexual
harassment does not mean occasional compliments of a socially
acceptable nature. We shall take all reasonable steps to see that
this sexual harassment policy is followed everyone in our organization
who has contact with employees. This prevention plan will include
training sessions, ongoing monitoring of the work site and a
confidential employee survey to be conducted and evaluated each year.
Sexual Harassment Policy Guidelines – Part I
Permission is
hereby granted to modify and use the information in this draft sexual
harassment guideline, provided you include reference to the author as
shown at the end.
We shall take all reasonable steps to see that
this sexual harassment policy is followed everyone in our organization
who has contact with employees. This prevention plan will include
training sessions, ongoing monitoring of the work site and a
confidential employee survey to be conducted and evaluated each year.
Sexual
harassment refers to all types of unwanted sexual attention. Sexual
harassment does not mean occasional compliments of a socially
acceptable nature. Sexual harassment refers to conduct which is
offensive to the individual, which harms morale, and which interferes
with the accomplishment of our organization mission. This includes
pressure to provide sexual favors, and offensive, intimidating comments
or actions concerning one's gender or sexual orientation.
Four basic types of sexual harassment:
1.
Verbal harassment: Sexually suggestive comments, e.g., about a
person's clothing, body, and/or sexual activities; sexually provocative
compliments about a person's clothes or the way their clothes fit;
comments of a sexual nature about weight, body shape, size, or figure;
comments or questions about the sensuality of a person, or his/her
spouse or significant other; repeated unsolicited propositions for
dates and/or sexual intercourse; pseudo-medical advice such as "you
might be feeling bad because you didn't get enough" or "A little Tender
Loving Care (TLC) will cure your ailments"; continuous idle chatter of
a sexual nature and graphic sexual descriptions; telephone calls of a
sexual nature; derogatory comments or slurs; verbal abuse or threats;
sexual jokes; suggestive or insulting sounds such as whistling,
wolf-calls, or kissing sounds; homophobic insults.
2.
Physical harassment: Sexual gestures, e.g., licking lips or teeth,
holding or eating food provocatively, and lewd gestures such as hand or
sign language to denote sexual activity; sexual looks such as leering
and ogling with suggestive overtones; sexual innuendoes; cornering,
impeding or blocking movement, or any physical interference with normal
work or movement; touching that is inappropriate in the workplace such
as patting, pinching, stroking, or brushing up against the body,
mauling, attempted or actual kissing or fondling; assault, coerced
sexual intercourse, attempted rape or rape.
3. Visual harassment: Showing and distributing derogatory or pornographic posters, cartoons, drawings, books or magazines.
4.
Sexual favors: Persistent pressure for dates, unwanted sexual advances
that condition an employment benefit upon an exchange of sexual favors.
It
is not permissible to suggest, threaten or imply that failure to accept
a request for a date or sexual intimacy will affect an employee’s job
prospects. For example, it is forbidden either to imply or actually
withhold support for an appointment, promotion or change of assignment
or suggest that a poor performance report will be given because an
employee has declined a personal proposition. Also, offering benefits
such as promotions, favorable performance evaluations, favorable
assigned duties or shifts, recommendations or reclassifications in
exchange for sexual favors is forbidden.
Any employee found to
have violated this policy shall be subject to appropriate disciplinary
action according to the findings of the complaint investigation. If an
investigation reveals that sexual harassment has occurred, the harasser
may also be held legally liable for his or her actions under provincial
and federal law. Anyone making a false claim of sexual harassment will
also be subject to disciplinary action.
Any employee bringing a
sexual harassment complaint or assisting in investigating such a
complaint will not be adversely affected in terms and conditions of
employment, or discriminated against or discharge because of the
compliant. Complaints of such retaliation will be promptly and
thoroughly investigated.
Sexual harassment can occur in any
situation, but is especially common in situations where there is a
power imbalance between the perpetrator and the victim, due to gender,
race, sexual orientation, status or rank differences. Sexual
harassment, however, can also occur between peers. Both women and men
can be victims of sexual harassment, although it is most common for
women to be harassed by men. Sexual harassment also occurs between
members of the same sex.
Sexual harassment differs from
healthy sexual attraction because it is unwelcome and unsolicited.
Sexual conduct becomes unlawful only when it is unwelcome. The
challenged conduct must be unwelcome in the sense that the employee did
not solicit or incite it, and in the sense that the employee regarded
the conduct as undesirable or offensive. NOTE: An employee who was
previously involved in a mutual consenting intimate relationship with
another person maintains his or her entitlement to protection from
sexual harassment, but s/he should inform the other party that any
further sexual advances are unwelcome.
Sexual harassment
degrades all persons and creates a hostile work environment. It is
extremely costly for employers as well as damaging to employees. The
effects of sexual harassment on the complainant may include loss of
self-confidence and self-esteem, physical symptoms of stress,
diminished work productivity, and low morale.
To fight sexual harassment, remember four tactics: confront, report, document, and support.
CONFRONT
the harasser. Say No Clearly. Inform the harasser that their attentions
are unwanted. Make clear you find the behavior offensive. If it
persists, write a memo to the harasser asking them to stop; keep a
copy.
REPORT the problem immediately, verbally and/or in
writing directly to your supervisor, or to the supervisor of the
accused, and to your union steward. Our door is always open and anyone
who has been harassed or thinks harassment is occurring, can seek our
confidential advice. We will speak with the accused at your request and
inform them about illegal conduct and its consequences. We have a
zero-tolerance policy for sexual harassment. If the incident is
confirmed, the offending employee faces the following possible
sanctions: verbal or written reprimand, negative evaluation, denial of
promotion, poor recommendations, suspension, demotion, forced
resignation, and termination. We will make every effort to create an
atmosphere of comfort for recipients of sexual harassment to request
assistance in the resolution of complaints, but at the same time we
will also protect the rights of the accused until proven guilty.
Note:
A single sexual advance, unless severe, may not constitute harassment
unless it is linked to the granting or denial of employment or
employment benefits. The unwelcome, intentional touching of a person’s
intimate body areas is sufficiently offensive to be considered severe,
and even a single incident can be considered as harassment. Asking
someone for a date is not considered severe. But a repetitive series of
non-severe incidents will be considered harassment if the offender was
told to stop. It is important for the victim to communicate that the
conduct is unwelcome, particularly when the alleged harasser may have
some reason to believe that the advance may be welcomed such as a
previous consenting relationship.
SEXUAL POLLUTION
There
are some acts perceived by the recipient to have a "sexual nature" that
are offensive and annoying, but may not be sexual harassment. These
offensive behaviors in the workplace pollute the working environment.
Therefore, these acts have been labeled sexual pollution. Sexual
pollution has the potential of becoming a sexually harassing act. It is
an offensive act and should be considered improper. Examples of sexual
pollution are: continuous "pet" name calling, such as "baby," "sweetie,
"or " honey"; referring to an individual as a "hunk," "fox," or
"broad"; referring to men in general as "dogs," "swine," or to women as
"bitches," "wenches, " or "chicks"; remarks of a sexual nature, open
displays of written and pictorial erotica, or nude photographs or
posters (such as a nude magazine centerfold) in the workplace, and
continuous gift giving with the intention of getting sexual favors in
return.
A single act of sexual pollution by itself may not
constitute sexual harassment. However, continuous acts with the
appearance of a sexual nature probably would be. The "reasonable
person” standard will be used to determine if it is or not.
DOCUMENT
the harassment. While the incident is still fresh in your mind, write
down what happened, where, when, and how you responded, if possible,
word for word. Include the names of witnesses, if any. Keep notes in a
journal or notebook to show a continuous record. Send a dated,
certified, return-receipt letter to the harasser, asking that the
harassment stop, and keep a copy for yourself. Use your telephone
answering machine to tape phone calls from the harasser, and save phone
messages that are left for you. Keep the records in a safe place, away
from work. Documentation will be essential if you must defend yourself
in court or before an administrative hearing panel. Document your work.
Keep copies of performance evaluations and memos that attest to the
quality of your work. The harasser may question your job performance in
order to justify his behavior.
SEEK SUPPORT from others. Talk
to a friend, colleague, or relative, an organized group, or counselor,
and your supervisor or someone in personnel that you trust. Not only
will you benefit, you may learn of others who have had similar
experiences who can offer strategies for dealing with the harassment
and support. Look for witnesses and other victims. You may not be the
first person who has been mistreated by this individual. Ask around
discretely; you may find others who will support your charge. Two
accusations are much harder to ignore. Get the union steward involved
right away.
REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT
If
you have been discriminated against on the basis of sex, you are
entitled to a remedy that will place you in the position you would have
been in if the discrimination had never occurred. You may be entitled
to hiring, promotion, reinstatement, back pay and other remuneration.
You may also be entitled to damages to compensate you for future
pecuniary losses, mental anguish and inconvenience. Punitive damages
may be available, as well, if an employer acted with malice or reckless
indifference. You may also be entitled to attorney's fees.
ARE YOU THE HARASSER?
Those
accused of sexual harassment are often surprised to learn how their
behavior is perceived by those who feel victimized by such behavior.
•
Review your attitudes and actions toward others. Examine how others
respond to what you do and say. Is your behavior sex-neutral and
bias-free?
• Imagine yourself a victim of unwelcome sexual attention by someone having control over your career or livelihood.
• Consider the impact you have on other's attitudes toward their work and self-esteem.
•
Do not assume that your colleagues, peers or employees enjoy sexually
oriented comments about their appearance, or being touched or stared
at.
• Do not assume that others will tell you if they are offended or harassed by what you say or do.
•
Be aware of other's feelings and responses to sexual harassment. Could
your behavior cause others to experience the vulnerability,
powerlessness, and anger described by victims?
Permission is
hereby granted for you to modify and use the information in this
article provided that you include a reference as follows:
