Sexual Harassment Prevention and Training

Editor’s note: This text-based course is an edited transcript of the webinar, Sexual Harassment Prevention and Training, presented by Angela Hernandez-Harris, MA, LCPC. Any errors in transcription or editing are the responsibility of Continued.com and not the course presenter. It is recommended to download the course handout to supplement this text format.

Learning Outcomes

After this course, participants will be able to:

• Define sexual harassment
• Identify behaviors that could be considered sexual harassment
• List employee rights and discuss ways employers should take precautions to prevent and address sexual harassment in the workplace

What is Sexual Harassment?

To establish a foundation, let's delve into the essence of harassment. Harassment can be succinctly defined as any form of unwelcome conduct grounded in an individual's actual or perceived attributes, such as race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status.

This conduct serves the purpose or bears the effect of substantially impeding the individual's work performance or engendering an environment that is intimidating, hostile, or offensive. It is pertinent to note that the scope of the term "working environment" extends beyond a physical location assigned for work duties. Consider the case of remote work—an apt illustration of this concept. You may find other instances that resonate similarly.

With a clear understanding of harassment as unwelcome conduct, let's now narrow our focus to sex-based harassment. In this context, the Office for Civil Rights (OCR) at the US Department of Health and Human Services plays a pivotal role in enforcing protections against sex discrimination, which encompasses areas such as pregnancy, sexual orientation, and gender identity. In the forthcoming sections, we will delve further into the intricacies of these definitions and explore practical strategies for addressing and preventing harassment in the workplace.

Sex-Based Harassment

A widely recognized principle within federal courts and agencies is the inclusion of sex-based harassment within the ambit of discrimination on the basis of sex. This inclusion applies when such harassment reaches a threshold of severity that it effectively obstructs an individual's capacity to engage in or derive benefits from the pertinent program. There are three primary manifestations of sex-based harassment, each with distinct facets: sexual harassment, sexual violence, and gender-based violence.

These delineations reflect the acknowledgment that discrimination encompasses not only overt differential treatment based on sex but also the insidious impact of harassment. This recognition emphasizes the significance of creating an environment free from any form of gender-based mistreatment. As we delve further, we will explore the nuances within these categories and delve into strategies for addressing and eradicating such behaviors from the workplace.

Sexual Harassment Defined

In accordance with the US Equal Opportunity Commission (EEOC), sexual harassment is distinctly characterized as the presence of unwelcome sexual advances, requests for sexual favors, and other forms of verbal or physical misconduct that bear a sexual connotation. This definition situates sexual harassment as a manifestation of sex-based discrimination and underscores its classification as a violation of human rights. Moreover, it is crucial to recognize that sexual harassment constitutes an unlawful act, firmly prohibited by legal statutes.

In particular, the framework of Title VII of the Civil Rights Act of 1964 stands as a bulwark against sex discrimination, incorporating sexual harassment as a fundamental facet of such discrimination. This extends inclusively to instances involving pregnancy, sexual orientation, and gender identity. Importantly, Title VII serves as a robust defense against the proliferation of sexual harassment within the workplace. By explicitly stipulating the impermissibility of these actions, Title VII encompasses both the prohibition of sexual harassment and the elimination of related discriminatory practices.

This legal framework operates to safeguard the rights of employees in workplaces where there are 15 or more individuals employed. It serves as a potent deterrent against any form of discrimination, thereby fostering an environment characterized by equality and fairness. As we proceed, we will delve deeper into the various components of sexual harassment, its implications, and strategies for creating a workplace that actively prevents such conduct.

Who and Where Are the Harassers?

The identity and location of harassers encompass a broad spectrum. It is essential to remain cognizant of this diversity. Harassers can emerge from any background, regardless of gender. Both men and women can assume the role of a harasser. The gender of the victim need not necessarily be different from that of the harasser—an important consideration that underscores the complexity of harassment dynamics.

Sexual harassment is not confined to specific settings; it can unfold in various contexts. While the list is not exhaustive, consider the following scenarios: the harasser could be the victim's immediate supervisor, an agent representing the employer, a supervisor from a different department, a fellow colleague, or even an individual who is not an employee of the organization. Furthermore, It is imperative to acknowledge that the victim of harassment need not be the direct target. Anyone affected by the offensive behavior, even indirectly, can be considered a victim.

Crucially, unlawful sexual harassment can occur without resulting in economic harm to the victim or the victim's dismissal. The critical criterion hinges upon the unwelcome nature of the harasser's behavior, as judged by the victim. The individual who experiences the conduct is the sole determinant of whether the actions are unwelcome or not.

Remaining vigilant about these nuanced aspects of harassment empowers individuals to identify and address instances of misconduct. By understanding the diverse forms that harassment can take, one can play a pivotal role in fostering a respectful and inclusive workplace environment. In subsequent sections, we will delve into strategies for recognizing, responding to, and preventing sexual harassment.

Perspective- thoughts?

The transformative impact of the #MeToo movement on our current landscape is profound. An article authored by Susan Strauss (2019) in The Online Journal of Issues in Nursing delves into the realm of sexual harassment within healthcare, shedding light on its historical context. Strauss aptly points out that although the term "sexual harassment" is a relatively modern construct, the phenomenon itself has deep historical roots spanning centuries. Strides towards addressing sex discrimination legally emerged with the passage of the Civil Rights Act of 1964. It is noteworthy, however, that the first instances of sexual harassment lawsuits only began surfacing in courts during the 1970s. In a pivotal moment, the US Supreme Court officially recognized sexual harassment as a form of sex discrimination in 1986, a significant milestone occurring 22 years after the Act's enactment.

The evolution continued as Congress modified Title VII in 1991, bestowing victims of sexual harassment the right to pursue compensatory and punitive damages. The subsequent year, 1994, heralded the Violence Against Women's Act, marking another significant step towards addressing gender-based mistreatment. A further stride towards equality was made in 1995 when Congress subjected itself to the same legal framework as the broader citizenry through the Congressional Accountability Act.

However, the true watershed moment seems to have materialized with the advent of the #MeToo movement. This grassroots campaign has significantly elevated awareness, ignited conversations, and compelled societal reckoning with the prevalence and repercussions of sexual harassment. By exposing the magnitude of the problem and prompting a cultural shift, the movement has propelled us to the juncture we find ourselves in today.

The continuous evolution of laws and attitudes underscores the necessity of ongoing efforts to cultivate safe, respectful, and inclusive workplaces for all. In the ensuing sections, we'll explore strategies for creating an environment that actively prevents and addresses sexual harassment.

What Are Specific Examples of Sexual Harassment?

The four primary types of sexual harassment you have outlined—verbal, physical, non-verbal, and visual—form a comprehensive framework for categorizing such behaviors. In addition to these, other forms of sexual harassment can manifest, each highlighting the multifaceted nature of this issue. Here are a few additional forms of sexual harassment:

Verbal/Written

Verbal and written sexual harassment can encompass a range of behaviors, often marked by their explicit or offensive nature. Here are examples illustrating the various facets of such harassment:

• Sexually Explicit Comments: Making comments about an individual's appearance, body, or clothing that are sexual in nature and unwelcome, such as lewd remarks or innuendos.
• Sexual Jokes: Sharing jokes, anecdotes, or stories that have sexual undertones or are explicitly sexual, creating an uncomfortable or hostile environment for the recipient.
• Unwanted Requests: Soliciting sexual favors, dates, or intimate interactions despite the other person's lack of interest or discomfort.
• Spreading Rumors: Propagating rumors or gossip about someone's private or sexual life, causing emotional distress and discomfort for the target.
• Coercion or Threats: Using the promise of rewards or threats of punishment to pressure an individual into engaging in sexual activity against their will.
• Excessive Flirting: Persistently and aggressively engaging in flirtatious behavior, despite clear indications that it is unwelcome, making the recipient uncomfortable.
• Inappropriate Texts or Emails: Sending messages or emails with explicit content, sexual references, or suggestive language that crosses personal boundaries.
• Sexualized Comments About Work Performance: Making remarks linking an individual's work performance or advancement to sexual activity or appearance, creating an uncomfortable atmosphere.
• Catcalling: Shouting sexually explicit comments, often of a demeaning nature, at someone in public spaces, causing embarrassment and discomfort.
• Unwanted Advances: Pursuing someone romantically or sexually despite their clear lack of interest or expressed discomfort.
• Invasive Questions: Asking personal questions about an individual's sexual history, preferences, or experiences that are unrelated to work and invade their privacy.

These examples emphasize the critical importance of cultivating a respectful and professional environment in which individuals can work without fear of encountering such inappropriate and offensive behavior. It is crucial for individuals and organizations to be vigilant in recognizing and addressing verbal and written sexual harassment to create a workplace that values dignity and equality for everyone.

Physical

Certainly, physical, sexual harassment comprises a range of behaviors that involve unwanted and inappropriate physical contact, gestures, or actions. Here are examples illustrating various forms of physical sexual harassment:

• Impeding Movement: Blocking an individual's path or movement, either deliberately or in a manner that makes them feel trapped or uncomfortable.
• Inappropriate Touching: Engaging in unwelcome touching of an individual's body or clothing, violating their personal space and boundaries. This could include touching their arms, shoulders, legs, or any other part of the body.
• Unwanted Hugging or Kissing: Initiating hugs or kisses without consent, especially if the recipient has not indicated a desire for physical contact.
• Patting, Stroking, or Rubbing: Touching someone in a way that is overtly sexual or intimate, such as patting their back, stroking their hair, or rubbing their shoulders, without their permission.
• Sexually Suggestive Gestures: Making explicit or offensive gestures with sexual undertones that create discomfort or offense for the recipient.
• Offensive Music Selection: Playing music that contains offensive, degrading, or sexually explicit language, contributing to a hostile or uncomfortable environment.
• Brushing Up Against Someone: Deliberately brushing up against another person in a way that is unwelcome and intrusive, often used as a means to initiate physical contact.
• Unwanted Physical Advances: Initiating advances such as attempting to hold hands, sit on someone's lap, or engage in any form of physical intimacy without consent.
• Unwanted Gifts or Objects: Offering gifts, objects, or items of a sexual nature that are intended to be sexually suggestive or offensive.
• Blocking or Cornering: Physically positioning oneself in a way that restricts another person's movement or makes them feel cornered and uncomfortable.
• Forced Physical Contact: Forcing someone to engage in physical contact against their will, such as forcing them to hold hands or engage in a hug.

These examples underscore the importance of fostering a workplace culture that prioritizes respect, consent, and personal boundaries. Recognizing and addressing physical sexual harassment is essential for creating a safe and inclusive environment where all individuals can thrive without fear of such inappropriate behavior.

Non-Verbal

Certainly, non-verbal sexual harassment encompasses a variety of behaviors that communicate sexual objectification, disrespect, or discomfort. Here are examples that illustrate the different forms of non-verbal sexual harassment:

• Ogling or Staring: Looking at a person's body in a suggestive or objectifying manner, often making the individual feel uncomfortable or violated.
• Derogatory Gestures: Making gestures that have sexual connotations or demeaning implications, such as mimicking sexual acts or using hand gestures to communicate explicit messages.
• Sexually Suggestive Facial Expressions: Using facial expressions, winks, or lewd smiles to convey a sexualized message or intention.
• Invading Personal Space: Frequently standing too close to an individual, invading their personal space intentionally, and making them feel uncomfortable or unsafe.
• Unwanted Following: Persistently following someone, particularly in a manner that causes unease, anxiety, or fear, creating an environment of discomfort.
• Whistling or Catcalling: Whistling or shouting explicit or suggestive comments at an individual, often in public spaces, and often with the intent to objectify or demean.
• Invasive Gazing: Staring at an individual in a way that is suggestive, offensive, or inappropriate, causing discomfort and feelings of violation.
• Inappropriate Use of Visual Aids: Displaying images, drawings, or visual content that is sexually explicit, offensive, or degrading, contributing to a hostile environment.
• Intrusive Photography: Taking photographs or videos of someone without their consent, often in a manner that is intended to capture their private moments or body.
• Leering: Casting a prolonged and conspicuous gaze at an individual's body in a way that is disrespectful, objectifying, and makes them feel uncomfortable.

These examples highlight the significance of recognizing and addressing non-verbal sexual harassment to ensure that individuals are treated with dignity, respect, and consideration for their personal boundaries. Promoting a culture of consent and understanding is essential in creating a workplace environment that values the well-being and comfort of all employees.

Visual

Indeed, visual sexual harassment involves the use of images, objects, and media that are sexually suggestive, explicit, or offensive. Here are examples that illustrate the different manifestations of visual sexual harassment:

• Sexually Suggestive Objects: Displaying objects or items with sexual connotations or innuendos in a way that creates discomfort or offense for others.
• Inappropriate Pictures or Cartoons: Exhibiting pictures, cartoons, or artwork that contain sexually explicit content, often with the intention of demeaning or objectifying individuals.
• Offensive Posters or Calendars: Hanging up posters, calendars, or artwork that contains sexual imagery, derogatory messages, or offensive content, contributing to a hostile environment.
• Sexually Explicit Computer Screens: Displaying sexually explicit images, videos, or content on computer screens in a shared workspace, making others uncomfortable or offended.
• Sharing Inappropriate Texts or Messages: Sharing texts, messages, or emails of a sexual nature without the consent of the recipients, creating an uncomfortable atmosphere for those involved.
• Sending Sexually Inappropriate Images or Videos: Sending sexually explicit images, videos, or pornography to coworkers or colleagues without their consent, fostering a hostile environment.
• Exposing Pornographic Content: Sharing or displaying explicit pornography or sexual content in the workplace, creating an environment that is offensive and inappropriate.
• Inappropriate Use of Visual Aids: Using visual aids, presentations, or materials that contain sexual content or imagery during professional meetings or presentations, creating a demeaning atmosphere.
• Sharing Explicit Content via Electronic Devices: Sharing explicit images, videos, or content through electronic devices or platforms in a way that offends, objectifies, or makes others uncomfortable.
• Leaving Sexually Inappropriate Materials: Leaving explicit materials, such as magazines or photographs, in shared spaces where others can see them, contributing to a hostile environment.

These examples underscore the importance of maintaining a respectful and professional workplace by refraining from displaying or sharing sexually explicit or offensive content. Creating an environment that values dignity, equality, and personal boundaries is essential for promoting a culture of respect and well-being for all employees.

Disparities: Most Impacted

Identifying those who bear the brunt of disparities in the workplace is crucial in fostering a fair and equitable environment. It is essential to recognize these imbalances, particularly if you belong to a group that experiences heightened vulnerability. This applies whether you are a colleague, a supervisor, a member of the HR team, or anyone involved in shaping the work culture.

As a colleague, being aware of disparities allows you to empathize and support coworkers who might be facing challenges due to discrimination or harassment. Acknowledging these imbalances helps in creating an inclusive and supportive network.

If you are a supervisor, understanding the disparities enables you to actively address inequality and ensure that your team members are treated with fairness and respect. By recognizing disparities and taking proactive steps to rectify them, you contribute to a healthier and more productive work environment.

Members of the HR department play a pivotal role in shaping workplace policies and procedures. Recognizing disparities helps HR professionals create and implement strategies that prevent discrimination and harassment, ensuring that the organization adheres to legal and ethical standards.

Regardless of your role, considering the disparities in your field of work empowers you to contribute positively to change. This could involve advocating for fair policies, participating in training programs, or supporting initiatives that promote diversity and inclusion. By understanding your role within the larger context, you actively contribute to a workplace culture that values equality, respects individual identities, and fosters a safe and respectful environment for all.

Figure1. Gender disparities data between the fiscal year of 2018 and fiscal year of 2021 (EEOC).

Figure 1 provides a visual representation of disparities in data spanning from the fiscal year 2018 to the fiscal year 2021. Within this timeframe, the Equal Employment Opportunity Commission (EEOC) reported a total of 98,411 charges related to various forms of harassment. Among these, 27,291 charges were specifically centered on allegations of sexual harassment.

A noteworthy observation is the substantial uptick in the number of sexual harassment charges received by the EEOC during the two years that followed the viral spread of the #MeToo movement in October of 2017. This surge in reporting indicates the movement's profound impact on raising awareness and emboldening individuals to come forward with their experiences.

Furthermore, an examination of the data reveals that women continue to be disproportionately affected, as they accounted for a significant majority of the charges filed with the EEOC related to sexual harassment. Specifically, women filed a notable 78.2% of the 27,291 charges lodged between 2018 and 2021, in comparison to men.

These statistics underscore the ongoing prevalence of sexual harassment and its unequal impact on individuals, particularly women, within the workplace. As we proceed, we will explore strategies to mitigate these disparities and cultivate an environment that values equality, respect, and dignity for all employees.

Figure1. Race Disparities data between the fiscal year of 2018 and fiscal year of 2021 (EEOC).

Turning our attention to Figure 2, we are presented with a visual breakdown of the percentage of sexual harassment charges filed concurrently in relation to race and national origin. The data reveals a particularly pronounced impact on the Black and African-American community when compared to other racial groups. Specifically, out of the 1,945 sexual harassment charges that were filed concurrently with a charge related to race, a significant 71.2% of these charges identified Black and African-American as the relevant racial background.

Furthermore, within the context of national origin charges, the statistics continue to underscore disparities. Between the fiscal years of 2018 and 2021, of the 797 sexual harassment charges that were filed concurrently with a national origin charge, 37.6% of these charges indicated Hispanic as the designated origin, while 15.7% were designated as Mexican.

This data carries personal significance for me as a professional Mexican woman, as it resonates with my own identity and underscores the heightened impact on individuals like me. It prompts a sobering reflection on the realities faced by those who belong to the most impacted groups. With this information in mind, it becomes imperative for me to consider how to navigate such dynamics and take appropriate action in case of any untoward occurrences.

In the subsequent sections, I will delve further into the implications of this impact and offer practical strategies for preventing and addressing sexual harassment, fostering an environment of inclusivity, and empowering individuals to take proactive measures to create a safer workplace for all.

Impact on LGBTQ+ Community

Sexual harassment has a significant impact on the LGBTQ+ community, as evidenced by alarming statistics that underscore the challenges and vulnerabilities faced by its members. Research conducted by the National Sexual Violence Resource Center has revealed a stark truth: individuals within the LGBTQ+ community are four times more likely to experience violence throughout their lives compared to heterosexual individuals. This deeply concerning statistic sheds light on the pervasive nature of sexual harassment and violence within this community.

Specifically, within workplaces, the impact is palpable. A staggering 70% of LGBTQIA members have encountered sexual harassment in their work environments, signaling a pressing need for change. Equally disheartening is the fact that 66% of these individuals fear reporting such incidents to their employers due to the risk of being outed.

Furthermore, disparities within the community exacerbate these challenges. Bisexual women, trans women, and women of color are disproportionately vulnerable, facing an even higher risk of experiencing mistreatment. This reality resonates personally for many, including myself as a mother with a Black, queer, non-binary young adult who is entering the workforce. The safety and well-being of our loved ones become paramount concerns in such environments.

It becomes evident that the responsibility lies with employers to create safe and inclusive spaces. Central to this is the commitment to preventing and addressing sexual harassment actively. As we progress through subsequent discussions, we will explore the obligations employers hold in fostering inclusivity, implementing preventative measures, and establishing an environment where every individual is treated with dignity, respect, and fairness. By shedding light on these issues and engaging in meaningful dialogues, we collectively work toward a workplace that prioritizes the well-being of all its members.

Sexual Harassment Disparities

The EEOC underscores a crucial point: the available data only scratches the surface of the extent of sexual harassment within our nation's workplaces. In June 2016, the EEOC unveiled a report that delved into the intricacies of workplace harassment, revealing a disheartening reality—workplace harassment often remains unreported. A poignant example from the report highlights that a staggering 90% of individuals who claim to have experienced harassment opt not to pursue formal action, such as filing a charge or making a complaint.

This prompts an essential question: why does this underreporting persist? Reflecting on our own career experiences can offer valuable insights. Consider the jobs you have held throughout your life. Compare what you knew about sexual harassment then to your awareness now. Contemplate what information you wished you had possessed back then. Ponder whether you believe the circumstances might have been different with a heightened awareness. Have there been any perceptible changes in attitudes and practices?

It is evident that numerous factors contribute to the underreporting phenomenon. Fear looms large as one of these factors. Individuals often recognize the inherent risks and potential repercussions associated with reporting harassment. Retaliation, damage to one's career, and negative impacts on personal relationships are all concerns that can deter victims from coming forward.

By delving into these complexities and engaging in open dialogues, we lay the foundation for understanding the barriers that impede reporting and, subsequently, for instituting measures to break down these barriers. In the upcoming sections, we will explore strategies for creating environments where reporting is encouraged, where victims are supported, and where the risks and impacts of speaking out are mitigated through robust policies and cultural shifts.

Impact of Sexual Harassment

In a journal published by the National Library of Medicine, Stasenko et al. (2020) illuminate a significant perspective: harassment is not solely rooted in sexual desire. Rather, it manifests as behavior that communicates hostility, objectification, and the wielding of power. Alarmingly, more than half of American women have encountered unwanted and inappropriate sexual advances at some point in their lives. Within the workplace, the experience of sexual harassment can bring about detrimental repercussions, encompassing a decline in job satisfaction, heightened job stress, and a deterioration in productivity or overall performance.

The repercussions, however, extend further than these. Prior research highlights that women who face sexual harassment in their professional lives report heightened levels of anxiety and depression, resulting in diminished productivity and subpar work performance. Moreover, these women are more likely to seek job changes, often transitioning into roles of inferior quality or compensation. The inability to address workplace sexual harassment may deprive them of the empowerment to advocate for their own salaries, consequently impeding their long-term earnings and financial growth.

The pursuit of prevention is paramount in the workplace. How can we take action? How can we prevent sexual harassment from taking root in our professional environments? Perhaps one of the most empowering revelations is that we all possess rights. Looking back to my 13-year-old self, embarking on my journey in a restaurant, I find myself wishing I had known this. I wish I had understood that I possessed rights. As you absorb the forthcoming slides, reflect on your younger self, your present self, and the future self you aspire to be. These insights offer a powerful foundation for fostering change, promoting awareness, and crafting a work culture that upholds the dignity and equality of all individuals.

Prevention in the Workplace

Know Your Rights

Knowledge serves as a powerful tool, and comprehending that sexual harassment is unlawful is paramount. Prevention stands as the most effective means to eradicate sexual harassment from workplaces. Employers bear the responsibility of taking proactive measures to prevent such incidents. Central to this effort is the clear communication of a zero-tolerance policy against sexual harassment. It is essential that employers display a "Know Your Rights Workplace Discrimination" legal poster. This poster informs employees about federal laws that prohibit job discrimination based on various factors, including race, color, sex, sexual orientation, gender identity, national origin, religion, age, equal pay, disability, and genetic information.

In most instances, electronic posting supplements the physical requirement. There are exceptions, such as for employers without a physical location or for telecommuting employees who don't regularly visit the workplace. However, what if this clear communication hasn't transpired, and you find yourself facing sexual harassment? What further knowledge should you possess? An important point to understand is that you can take action, and there are additional insights you can glean today.

For instance, if you have experienced sexual harassment, you possess the right to clearly inform your harasser to cease the behavior and that it is unwelcome. If the behavior persists, It is wise to start documenting the incidents. You have a window of 180 days from the day of discrimination to file a charge. This filing timeline can be extended, but for federal employees, regrettably, the window is limited to 45 days. While charges cannot be filed over the phone, you can initiate the process with a call.

I urge you to jot down the provided number and explore the link below. This link serves as a comprehensive resource to address your queries and acquaint you with the forthcoming steps to undertake. By taking these measures, you empower yourself to navigate such situations with knowledge, confidence, and a commitment to securing your rights and well-being.

• Call 1 - 800 - 669 - 4000 to discuss your situation
• FAQ link: https://eeoc.custhelp.com/app/answers/list

What About Retaliation?

Addressing the concern of retaliation is crucial, particularly considering the well-founded fear of such repercussions, especially among those who belong to the most marginalized groups—the very groups that are disproportionately impacted. This apprehension is valid, even when retaliation is deemed illegal, as the potential consequences, including the risk of job loss, can be daunting.

However, It is essential to grasp that there are legal protections in place to combat retaliation. It is unlawful to retaliate against an individual who opposes discriminatory employment practices based on sex or who files a discrimination charge. This safeguard extends to those who testify or engage in any form of participation in an investigation, proceeding, or litigation under Title VII.

The legal framework also guards against retaliation for reasonably opposing discriminatory practices or engaging in a discrimination lawsuit, investigation, or proceeding. Furthermore, Title VII of the Civil Rights Act imposes a financial penalty on covered employers who fail to post required notices. Currently set at $659, this penalty is adjusted annually to align with inflation, as mandated by law.

An essential element in empowering employees is the presence of the "Know Your Rights Workplace Discrimination" legal poster. This poster encapsulates these legal provisions, outlining the laws and offering guidance on how employees and applicants can file complaints in cases of perceived discrimination. These posters should be strategically placed in conspicuous locations within the workplace, where notices to applicants and employees are typically displayed. Moreover, employers are encouraged to digitally share these notices on their websites, ensuring accessibility and awareness among covered employees.

By comprehending these legal protections, employees can navigate potential situations of retaliation with confidence in their rights and the knowledge that there are mechanisms in place to counteract such acts. This knowledge empowers individuals to advocate for their well-being and helps foster a safer and more equitable workplace for all.

Promising Practices

Beyond the typical training opportunities and frequently asked questions, there are several key aspects to consider when evaluating a potential employer's commitment to fostering a culture of safety and inclusivity. Look for these principles in the leadership of the organization, as they provide valuable insights into the company's approach:

• Committed and Engaged Leadership: Examine whether the leadership demonstrates commitment and engagement. This is evident when their actions align with their words, showcasing their dedication to creating a safe and respectful work environment.
• Consistency in Accountability: Assess whether the employer demonstrates consistency in being accountable. Investigate their hiring and training practices, wage-setting procedures, and how they handle difficult situations, concerns, and questions. Consistency in these practices indicates a commitment to fairness.
• Harassment Policies and Know Your Rights: Evaluate the strength and comprehensiveness of the harassment policies in place. Check if the "Know Your Rights" poster is easily accessible and clearly explained. This indicates whether the employer is proactive in informing employees about their rights.
• Accessibility of Complaint Procedures: Consider whether your employer is accessible and trustworthy when it comes to addressing complaints. Review the process for raising concerns and understand who you can talk to, whether It is a supervisor, HR, or another designated individual.
• Regular and Interactive Training: Examine the frequency and nature of training opportunities. Look for engaging and interactive sessions that provide essential insights. Consider whether the company invests in continuing education and encourages employees to stay informed about policies and practices.
• Leadership Trustworthiness: Gauge whether the leadership is trustworthy. This involves a sense of accessibility and openness, as well as a demonstrated willingness to listen and address concerns promptly.

While these practices are not mandatory under Federal Employment Discrimination Laws, they can significantly enhance an employer's compliance efforts and signal a commitment to providing a safe and inclusive workplace. This report includes checklists based on these principles, offering a practical resource for employers to prevent and respond effectively to workplace harassment. As you consider potential employers, reflecting on these principles can guide you in making informed decisions that align with your values and ensure your well-being in the workplace.

Certainly, the "Know Your Rights Workplace Discrimination" legal poster is a valuable resource prepared by the US Equal Employment Opportunity Commission (EEOC). This poster serves as a concise and accessible guide, summarizing essential laws and outlining the steps that employees or applicants can take if they believe they have faced discrimination. This poster provides a crucial source of information to empower individuals with knowledge about their rights and avenues for action.

You can access the "Know Your Rights Workplace Discrimination" legal poster at this link: EEOC Know Your Rights Poster.

When evaluating a potential employer's commitment to preventing discrimination and fostering an inclusive environment, It is important to consider the presence and accessibility of this poster. You can look for it in common areas within the workplace where notices are typically displayed. Additionally, explore the company's online resources to ensure that this information is readily available to all employees. A commitment to sharing this resource reflects an employer's dedication to informing their workforce about their rights and creating an environment where individuals feel empowered to take action against discrimination.

Perspective on Prevention

In her article, Elizabeth Bille, JD, SHRM-SCP, provides a unique perspective on preventing sexual harassment in the workplace through her piece titled "7 Strategies Addressing How to Prevent Sexual Harassment in the Workplace." Bille's viewpoint highlights that while sexual harassment training is undeniably important, the way in which it is conducted can sometimes inadvertently cause more harm than good. Instead, she suggests alternative interventions that could be more effective and beneficial for both employers and employees.

She gives a distinct perspective that while sexual harassment training is necessary, oftentimes, employers tell employees what not to do and the way in which the information is delivered can be more harmful than good. She shares that the following interventions might be more helpful for both employers and employees respectively. Consider these at your place of employment.

7 Strategies That Can Help Prevent Sexual Harassment

• Make it clear that sexual harassment is a company priority
• Make sure that both employees and management understand what it is - accessibility and knowledge
• Keep the training positive
• Ease up on language that reflects laws and regulations
• Have employees help with ensuring a harassment - free work zone
• Enlist employees as the influencers
• Take immediate and decisive actions as issues come up (EVERFI, 2023)

First, make it clear that sexual harassment is a company priority. Based on the research, what we may conclude about prevention is that while it may be key in lowering sexual harassment from occurring in the workplace, figuring out the right approach can be challenging. Why do you think that is? The author shares that companies must take steps to educate and inform staff about these types of behaviors that will not be tolerated in the workplace. Organizations should review their harassment policies regularly and they should communicate about these policies and the principles they reflect frequently, not just during onboarding or annual training cycles, but all through the year in all staff and smaller team meetings in internal company communications and more. She goes on to say that not all communications are created equal.

To help sexual harassment prevention at work, research shows that communication should not be tepid in tone. Rather, they should include strong unequivocal statements that the prevention of sexual harassment is a high priority for the company and that any employee who violates the policies against it will be held accountable regardless of the position in the company. Finally, to truly be effective, it is critical that these communications come from leaders throughout the organization, preferably top executives and not just HR. If company leadership regularly and authentically communicates that sexual harassment prevention training is a high priority and will be taken seriously, managers and employees will follow suit.

Second, make sure that both employees and management understand what it is. Is there accessibility? But is the knowledge around that accessibility? Do you know where to find it? She says that it may seem that it should be obvious what sexual harassment at work is, but employers need to take steps to ensure that staff members understand exactly the types of actions and behaviors that are inappropriate. This isn't only about heinous acts of inappropriate physical contact. Sexual harassment encompasses a wide range of behaviors as we've discussed, and actions that are objectionable and undesirable, including making inappropriate sexual comments, displaying or watching the inappropriate content, etc. If employees know that these actions are unacceptable, it is easier for them to understand how to avoid sexual harassment claims in the future. Equally important is educating executives, managers, and employees about the more subtle forms of sexual harassment.These lower state behaviors or comments, not only damage working relationships and team culture, but also if left unchecked may escalate into more heinous harassment.

Thirdly, keep the training positive. Employees don't respond well to insinuations or outright statements that they're doing something wrong, that they cannot be trusted or that they've assumed to be guilty of engaging in bad behaviors. Much sexual harassment training is focused on the negative, what not to do Which can signal to employees a belief that they may be part of the problem. That is if left to their own devices that they will harass others. Instead, prevention research shows that taking a positive approach is a better way to get the message across and engage employees in helping to create and nurturing the desired outcome.

Using a positive messaging that assumes employees want to do the right thing because the vast majority of employees do engages them to be part of the solution to harassment in the workplace and motivates them to help promote a respectful culture that can be far more effective in shaping employee conduct than a stick approach that focuses on bad behavior and consequences to be avoided. Or ease up on language that reflects laws and regulations. Just as negative messaging fails to resonate with employees, a strong focus on the laws and regulations related to sexual harassment can be a quick deterrent for employees. Yes, these issues need to be covered for compliance reasons, but they don't have to serve as the sole foundation for your sexual harassment prevention training and communication efforts.

Fourthly, Most employees aren't employment law experts, so using legal language as the yardstick against which unacceptable workplace conduct is measured and case law fact patterns to guide daily actions can drive behavior standards to the lowest common denominator. It can signal that as long as words or actions aren't illegal, they are acceptable. In contrast, a focus on professional respectful behavior is more likely to engage and influence employees and managers then a focus on identifying legal violations. Thus well as necessary to include legal compliance content where it is required by law, be sure to balance that with additional guidance and examples that reflect a higher standard. Your company's values, policies and culture. Enlist employees in ensuring a harassment-free workplace.

HR leaders, managers, and supervisors cannot be monitoring harassment 24/7, but by enlisting the aid of employees themselves companies can boost the odds that incidents of warning signs or of harassment will be seen, reported and enacted upon. And even prevention. HR isn't responsible for the prevention of sexual harassment at work. All employees are. And all employees can be trained to serve as good bystanders. Helping to support a positive and respectful culture by interrupting incidences of harassment or its warning signs, supporting others who have experienced harm after the fact, formally reporting harassment, encouraging others allyship. Employees have an important role to play as active bystanders. Letting the employees know that they play this role in providing them with training and resources to help them take action are important steps in leveraging the power of the masses to create a culture of safety and respect.

Of course, not all employees will feel comfortable personally stepping to diffuse a situation. There are other steps they could take though, including interrupting or distracting the individual who is acting inappropriately or reporting the issue to HR or management. So enlist these employees as the influencers. Who are employees most likely to listen to? Author asks. HR or their peers at work? Well, the latter of course. There is a lot of research by Edelman. The Edelman Trust barometer reveals that the biggest story of the last 16 years has been the demise of traditional authority and the corresponding rise of a person like me. Friends, peers, or a person we believe shares similar values or characteristics as a trusted source of information, which is really good news for organizations that can leverage key employees as social influencers to help support a harassment-free environment.

Reach out to influential employees to seek their support for harassment prevention efforts and their input on how communication and training can be improved to be most effective. Last but not least, take immediate and decisive actions as issues come up. If employees feel that nothing will be done if sexual harassment issues emerge, the author speaks, to the fact that they will stop reporting these incidents and those employees will who commit harm may feel emboldened to continue acting inappropriately.

It is critical that employers respond promptly to reports of sexual harassment in the workplace, engage in a thorough and objective review investigation of the matter, impose meaningful consequences as appropriate, and let the recorder know that they have done so. While organizations often are not able to share specifics and personal information about disciplinary actions taken, they can communicate generally about these actions and the organizations absolute commitment to holding people accountable for incidents of sexual harassment. So putting these preventative strategies to work in your organization can help you prevent sexual harassment at work while building a culture that is respectful and supportive.

Frequently Asked Questions Regarding Sexual Harassment

Let's now address some frequently asked questions regarding sexual harassment:

Does harassment have to occur at work for it to be illegal? No. Federal law protects you from job discrimination and harassment, regardless of whether it occurs at the workplace or off-site.

What will my employer do if I report harassment? Once your employer becomes aware of the harassment, it is responsible for taking corrective actions and ensuring your protection from further harassment. This includes conducting a thorough investigation by interviewing you, the harasser, and any witnesses. Swift and decisive measures should be taken to halt the behavior.

What should I do if I am harassed by a manager, coworker, or other person in my workplace? If you experience harassment at work, it is your responsibility to inform your employer. You can also reach out to parents, other trusted adults, or the Equal Employment Opportunity Commission (EEOC). Check if your company has a harassment policy that designates individuals responsible for addressing such issues.

What can I do if I witness workplace harassment? You should report the harassment to your employer. Additionally, you can directly communicate with the harasser that their behavior is inappropriate and must cease. It is crucial not to laugh or encourage such behavior, as this could perpetuate the harassment.

Am I protected from workplace harassment if the harasser is not my supervisor? Yes. The laws upheld by the EEOC safeguard you from harassment inflicted by anyone within your workplace, regardless of their position. This includes managers, coworkers, and even clients or customers.

If my coworker says something mean to me or flirts with me at work, is that illegal? The laws enforced by the EEOC do not cover minor, casual comments or isolated incidents that are not serious. For behavior to be deemed illegal, it must be unwelcome, severe, and frequent.

Is it illegal to be harassed because I complain about job discrimination or talk to the EEOC? Yes, the EEOC-enforced laws protect you from harassment as a result of reporting discrimination within your company, talking to the EEOC, or confiding in trusted adults. This is referred to as your right to be protected from retaliation.

Is it sexual harassment if someone I used to date will not leave me alone at work? If the individual persists in pursuing a relationship or continues making unwanted sexual advances or comments, you might have grounds for a potential claim of sexual harassment. Make sure you have clearly communicated that you are no longer interested in maintaining a relationship.

What are some examples of workplace harassment? Examples of workplace harassment encompass offensive jokes, racial or ethnic slurs, pressuring for dates or sexual favors, unwelcome comments about religion or attire, and offensive graffiti or imagery. It is important to recognize these behaviors and address them immediately. All employees have a role in establishing a harassment-free environment, and It is incumbent upon employees to report inappropriate conduct.

Case Studies

Case Study: Sheila

Part One: Sheila, a Black woman, works alongside Tim, a white male colleague. Tim, who recently experienced a breakup, has made comments on multiple occasions about feeling lonely and needing a new girlfriend. Despite their past friendly interactions and shared lunches at local restaurants, Tim's remarks gradually take a more personal turn. He eventually asks Sheila out on a date for dinner and a movie, to which she agrees. After enjoying the date, Sheila decides against pursuing a relationship with Tim and politely communicates her stance. However, Tim's persistence remains unrelenting.

True or False: When Tim initially asked Sheila out, was it considered sexual harassment?

• False. Tim's initial request for a date does not constitute sexual harassment. Although his comments may be considered inappropriate for the workplace, they were not explicitly sexual in nature. Sharing feelings of loneliness or discussing personal experiences, while not ideal for work conversations, do not necessarily constitute sexual harassment.

True or False: Sheila cannot complain about sexual harassment just because Tim asked her out.

• False. Sheila has the right to make a complaint about Tim's behavior. Their friendly history or prior date does not excuse Tim's inappropriate behavior towards her in the workplace. Respectful conduct should be maintained, regardless of past interactions.

Part Two: Sheila reports her concerns to her supervisor, who duly informs the designated individual responsible for addressing complaints. Tim is confronted about his actions and offers an apology. He is instructed to cease his behavior, which he adheres to for a short period. However, Tim later begins leaving small gifts and accompanying love notes on Sheila's desk, causing her discomfort and concern.

True or False: Tim's subsequent behavior with gifts and love notes is not sexual harassment, as he complied with the initial instruction to stop asking Sheila for dates.

• False. Tim's behavior with gifts and love notes should be reported by Sheila. Although he stopped pursuing dates as instructed, his actions now constitute another form of inappropriate workplace behavior. Since Tim resumed unwanted advances after being told to stop, he could face severe disciplinary consequences for his actions.

Case Study Two: Ana

Ana, a Latina trans woman, transitions to a new hospital with her employer. Her supervisor, Victor, also Latino, helps Ana adjust to her new job. However, Victor's behavior takes an inappropriate turn. In a private conversation, he mentions visiting a strip club and comments that the female coworkers in the office are unattractive, except for Ana.

True or False: Victor's comments are not harassment because he did not directly tell Ana that she is unattractive.

• False. Victor's statements to Ana are derogatory and sexually explicit, regardless of the intention behind them. Even though he framed his comments as a compliment, the discussion remains offensive and demeaning towards Ana and her female colleagues.

True or False: Victor's mention of the strip club visit constitutes inappropriate workplace behavior.

• True. Discussing a visit to a strip club is inappropriate in the workplace, particularly for a supervisor. This conduct should be reported, and Victor should be instructed to cease such discussions.

True or False: Victor's comments about female employees are not a serious matter and do not warrant significant action.

• False. Victor's comments demonstrate a serious issue of contempt for women in the workplace. As a supervisor, he is obligated to model appropriate behavior and must not exhibit contempt based on protected characteristics. These comments warrant disciplinary action and potentially his removal from his current position.

These case studies underscore the significance of identifying and addressing inappropriate workplace behavior. The persistent advances by Tim and the demeaning comments by Victor serve as poignant reminders of the imperative for a workplace environment characterized by respect and freedom from harassment. If you have any questions or thoughts, please don't hesitate to share. Recognizing that this information can be overwhelming, take a moment to check in with yourselves.

Case Study Three: Wayne

Let's move on to the next case study involving Wayne. Wayne is employed as a transcriber for a large company. He has a penchant for wearing jewelry, often adorning himself with earrings and necklaces. However, his boss, Karen, finds his choice of attire unusual for a man in a clerical role. She frequently makes sarcastic remarks about Wayne's appearance and jokingly refers to him as her "office boy." Wayne aspires to advance his career in customer relations and applies for a promotional position that involves patient interactions at the front desk. Karen informs Wayne that he should adopt a more conventional look if he wants the job, implying he should appear more "normal" or wait for a promotion to mail room supervisor.

True or False: Wayne's boss is accurate in stating that wearing jewelry is unsuitable for customer service roles.

• False. Wayne's jewelry is only considered an issue because Karen deems it unconventional for a man. Her comments to Wayne reflect sex stereotyping.

Continuing, Karen also suspects that Wayne might be gay, which she claims does not bother her, but she views Wayne as secretive. She starts probing into his personal life, asking intrusive questions like "Are you married? Do you have a partner? Do you have children?" Wayne attempts to politely decline answering, but he is growing increasingly frustrated. Karen proceeds to gossip about Wayne's perceived sexual orientation with his coworkers.

True or False: Wayne is being subjected to harassment based on his sex and sexual orientation.

• True. Wayne is facing harassment grounded in his failure to conform to Karen's gender stereotypes. Additionally, he is being harassed based on his perceived sexual orientation. it is immaterial whether Wayne is actually gay; he still has a claim for sexual orientation harassment. Wayne might also be experiencing harassment linked to his gender identity, constituting a form of sex and possibly disability discrimination under human rights law. Wayne should report Karen's behavior, which blatantly contravenes the sexual harassment policy, to the designated person authorized to receive complaints.

Lastly, Wayne concludes that he will not have a fair opportunity for the promotion under these circumstances. He lodges a complaint with the designated authority of his employer about Karen's conduct. An investigation is conducted, and the designee informs Karen that Wayne's jewelry is not in violation of any workplace rules. Karen is instructed to consider Wayne for the position without regard to his gender and to cease her harassing behavior, intrusive questions, and gossip. While Karen complies by stopping her comments and gossip, she recommends a less experienced woman for the promotion. This woman lacks Wayne's two-year degree in customer relations from a community college.

True or False: Wayne is likely experiencing discrimination based on his sex, sexual orientation, and/or retaliation.

• True. While we aren't certain about Karen's motives for not endorsing Wayne for the promotion, the situation does not look favorable for her. It appears she either holds biases against Wayne due to the same reasons she harassed him, or she's retaliating due to his complaint, or perhaps both. Wayne should further communicate with the employer's designated authority, and the circumstances of the promotion should be thoroughly investigated. If it is found that Karen unfairly treated Wayne by failing to adequately consider him for the role, she should face disciplinary action. This case exemplifies the necessity for more severe measures in response to harassment complaints to prevent future discrimination. How is everyone feeling? Take a moment to check in with yourselves. Once again, I recognize the volume of information, but it is crucial and highly relevant.

Summary

Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination and harassment based on sex, including pregnancy, sexual orientation, and gender identity. This encompasses unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual harassment in the workplace. Workplace practices that discriminate or involve harassment are prohibited by Title VII, ensuring a safe and inclusive work environment for all employees. Employees have rights to work in an environment free from discrimination and harassment. Victims of sexual harassment are not at fault and have the right to speak up, report the behavior, and seek help. Witnesses to harassment also have a responsibility to report it. The laws enforced by the Equal Employment Opportunity Commission (EEOC) protect employees from harassment by anyone in the workplace, including managers, coworkers, and clients or customers. Employers should establish an inclusive and safe working environment that is free of discrimination and harassment. Clear communication about a zero-tolerance policy for any form of harassment is essential. Individuals should consider the steps they would take if faced with harassment and ensure they know who to talk to for assistance.

Knowledge of your rights, recognizing inappropriate behavior, and taking action are crucial in maintaining a workplace that is respectful, inclusive, and free from harassment. If you have any questions or concerns, please feel free to share. This information might be overwhelming, so remember to take a moment to check in with yourselves.

References

Illinois General Assembly Compiled Statuses. Illinois Human Rights Act. Retrieved June 17, 2023 from https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt.+2&ActID=2266&ChapterID=64&SeqStart= 600000&SeqEnd=1393750

National Sexual Violence Resource Center. Fact sheet on Injustice in the LGBTQ Community. Retrieved June 19, 2023 from https://www.nsvrc.org/blogs/fact-sheet-injustice-lgbtq-community

Select Task Force on the Study of Harassment in the Workplace, Report of Co - Chairs Chai R. Feldblum & Victoria A. Lipnic , June 2016 at https://www.eeoc.gov/select-task-force-study-harassment-workplace#_Toc453686298

Strauss, S., (January 31, 2019) "Overview and Summary: Sexual Harassment in Healthcare" OJIN: The Online Journal of Issues in Nursing Vol. 24, No. 1, Overview and Summary. https://ojin.nursingworld.org/table-ofcontents/volume-24-2019/number-1-january-2019/os-sexual-harassment-in-healthcare/

Sexual Harassment in Our Nation’s Workplaces. Office of Enterprise Data and Analytics (OEDA) Data Highlight No. 2. U.S. Equal Employment Opportunity Commission (EEOC), Washington, DC, April 2022.

Stasenko M, Tarney C, Seier K, Casablanca Y, Brown CL. Sexual harassment and gender discrimination in gynecologic oncology. Gynecol Oncol. 2020 Nov;159(2):317 - 321. doi : 10.1016/j.ygyno.2020.08.014. Epub 2020 Aug 22. PMID: 32839027; PMCID: PMC7584749.

US Department of Health and Human Services. Sex Based Harassment. Retrieved June 17, 2023 from Sex-Based Harassment | HHS.gov

US Equal Employment Opportunity Commission. Sexual Harassment. Retrieved June 17, 2023 from https://www.eeoc.gov/laws/guidance/fact-sheet-sexual-harassment-discrimination