Iowa Civil Rights Iowa Civil Rights CommissionCommissionDisclaimerDisclaimer

The information contained in The information contained in this presentation is a brief this presentation is a brief overview and should not be overview and should not be construed as legal advice or construed as legal advice or exhaustive coverage of the exhaustive coverage of the topic.topic.

HARASSMENTHARASSMENT

SEXUAL and SEXUAL and GENERALGENERAL

OverviewOverview Definition of sexual harassmentDefinition of sexual harassment Definition of general harassmentDefinition of general harassment Examples of prohibited behaviorsExamples of prohibited behaviors ScenariosScenarios The company’s responsibilitiesThe company’s responsibilities LiabilityLiability

What is harassment ?What is harassment ? Behavior which has the effect of Behavior which has the effect of

humiliating, intimidating, or coercing humiliating, intimidating, or coercing someone through personal attack.someone through personal attack.

Behavior that can cause the recipient Behavior that can cause the recipient to be embarrassed, uncomfortable to be embarrassed, uncomfortable and cause emotional distress.and cause emotional distress.

What is sexual harassment What is sexual harassment ?? Unwelcome sexual advances, Unwelcome sexual advances,

requests for sexual favors and other requests for sexual favors and other verbal behavior or physical conduct verbal behavior or physical conduct of a sexual nature when:of a sexual nature when:

Submission to such conduct is Submission to such conduct is

made an implicit condition of an made an implicit condition of an individual’s employmentindividual’s employment

Sexual harassment…..Sexual harassment…..

Submission to or rejection of such Submission to or rejection of such conduct affects employment conduct affects employment opportunitiesopportunities

Such conduct interferes with an Such conduct interferes with an employee’s work or creates an employee’s work or creates an intimidating, hostile or offensive work intimidating, hostile or offensive work environment.environment.

Types of HarassmentTypes of Harassment

Quid Pro Quo & Hostile Quid Pro Quo & Hostile EnvironmentEnvironment

Quid Pro QuoQuid Pro Quo

When employment decisions or When employment decisions or expectations are based on an expectations are based on an employee’s willingness to grant or employee’s willingness to grant or deny sexual favors.deny sexual favors.

““This for that”This for that”

Examples of Quid Pro Quo:Examples of Quid Pro Quo: Demanding sexual favors in exchange for Demanding sexual favors in exchange for

a promotion or a raisea promotion or a raise

Disciplining or discharging an employee Disciplining or discharging an employee who ends a romantic relationshipwho ends a romantic relationship

Changing job performance expectations Changing job performance expectations after subordinate refuses repeated after subordinate refuses repeated requests for a daterequests for a date

Hostile Hostile EnvironmentEnvironment

Where verbal or nonverbal behavior Where verbal or nonverbal behavior in the workplace focuses on the in the workplace focuses on the sexuality of another person or sexuality of another person or occurs because of a person’s gender occurs because of a person’s gender or other protected characteristic.or other protected characteristic.

Where verbal or nonverbal behavior Where verbal or nonverbal behavior in the workplace is in the workplace is unwantedunwanted or or unwelcomeunwelcome

Hostile Environment…...Hostile Environment…...

Where verbal or nonverbal Where verbal or nonverbal behavior is severe or pervasive behavior is severe or pervasive enough to affect the person’s work enough to affect the person’s work environmentenvironment

Examples of behaviors Examples of behaviors that create a hostile that create a hostile environment:environment: Off-color jokes or teasingOff-color jokes or teasing Comments about body parts or sex lifeComments about body parts or sex life Suggestive or demeaning pictures, Suggestive or demeaning pictures,

posters, calendars or cartoonsposters, calendars or cartoons Leering, staring, or gesturingLeering, staring, or gesturing Repeated requests for datesRepeated requests for dates Touching--brushes, pats, hugs, pinchesTouching--brushes, pats, hugs, pinches AssaultAssault

UNWELCOMEUNWELCOME When any unwanted, unwelcome, or When any unwanted, unwelcome, or

unsolicited conduct is imposed on a unsolicited conduct is imposed on a person who regards it as offensive or person who regards it as offensive or undesirable, it is harassmentundesirable, it is harassment

When a person communicates that the When a person communicates that the conduct is unwelcome, it becomes conduct is unwelcome, it becomes illegal. Even if the conduct is is not illegal. Even if the conduct is is not stated but implied, as long as it is stated but implied, as long as it is unwelcome it is unlawful.unwelcome it is unlawful.

The Company’s The Company’s ObligationObligation The company has the obligation to The company has the obligation to

have a work place that is free of have a work place that is free of discrimination and harassment of discrimination and harassment of any typeany type

Having an anti-harassment policy Having an anti-harassment policy is a step in the right directionis a step in the right direction

Elements of an Anti-Elements of an Anti-Harassment policy:Harassment policy: Statement prohibiting harassmentStatement prohibiting harassment Definition of harassment and examples Definition of harassment and examples

of prohibited behaviorsof prohibited behaviors Explanation of complaint procedures Explanation of complaint procedures

and designation of persons to whom and designation of persons to whom complaints should be madecomplaints should be made

Assurance that a prompt, thorough and Assurance that a prompt, thorough and confidential investigation will take placeconfidential investigation will take place

Anti-Harassment policyAnti-Harassment policy Assurance that if a violation of the Assurance that if a violation of the

policy is found, that there will be policy is found, that there will be prompt, corrective action by the prompt, corrective action by the employeremployer

Assurance that there will be no Assurance that there will be no retaliation for reporting the retaliation for reporting the harassmentharassment

What do you do if…..?What do you do if…..?

You are harassedYou are harassed You are aware of harassing You are aware of harassing

conductconduct

What to What to do…….do……. Report it to your supervisorReport it to your supervisor

Supervisor may want to involve Supervisor may want to involve human resources person or human resources person or investigate - person making investigate - person making complaint, alleged harasser and complaint, alleged harasser and witnesses may be interviewedwitnesses may be interviewed

DocumentDocument

What to What to do….do…. Evidence includes documentationEvidence includes documentation

If there is a violation, there needs If there is a violation, there needs to be appropriate corrective to be appropriate corrective action…seriousness of the violation action…seriousness of the violation determines the remedy and level determines the remedy and level of disciplineof discipline

Who is Liable?Who is Liable? In quid pro quo situations…In quid pro quo situations…

• Harasser is always liableHarasser is always liable• Employer is always liableEmployer is always liable

Liability in hostile Liability in hostile environment harassment:environment harassment: Harasser is always liableHarasser is always liable Employer is liable unless the Employer is liable unless the

employer proves that they employer proves that they exercised reasonable care to exercised reasonable care to prevent and remedy the harassing prevent and remedy the harassing conduct and the complainant failed conduct and the complainant failed to take advantage of preventive to take advantage of preventive and corrective measures.and corrective measures.

Liability…Co-worker:Liability…Co-worker: Employer is liable if they knew or Employer is liable if they knew or

should have known, but failed to should have known, but failed to remedy the situation.remedy the situation.

Co-workers may also be individually Co-workers may also be individually liable for damages caused by liable for damages caused by harassment.harassment.

Employer is liable for harassing conduct Employer is liable for harassing conduct from someone outside the company.from someone outside the company.

Iowa Civil Rights Iowa Civil Rights CommissionCommission

211 East Maple Street, 2nd Floor211 East Maple Street, 2nd Floor Des Moines, Iowa 50309Des Moines, Iowa 50309 515-281-4121515-281-4121 800-457-4416 (toll free)800-457-4416 (toll free) fax: 515-242-5840fax: 515-242-5840 website: website:

www.state.ia.us/government/crcwww.state.ia.us/government/crc