Harassment and Employee Expression

IssuesChapter 7

GROUP LAW CASES

Group I: Bowman Case : hostile environment and sexual harassment (p.139)

Group II: Cameli Case: hostile environment and racial harassment(p. 140)

Group III: Dambrot Case: expression/speech(p. 146)

Group IV: Johnson Case: religious speech (p. 152)

Group V: Simmons Case: religious behavior (p. 154)

Management Contexts, Relevant Laws, and Cases

Harassment

Sexual harassment

Racial harassment

Same-sex/same-race harassment

Liability

Sexual Harassment (EEOC)

Court have defined two types of sexual harassment:

1.QUID PRO QUO HARASSMENT:

Occurs when an employer conditions a job-related benefits

like pay raises for a sexual behavior

(sexual bribery)

2. HOSTILE

ENVIRONMENT

HARASSMENT

Occurs when an employee is subjected to repeated

unwelcome behaviors that are severe enough that it

interferes with the person’s ability to perform his or her

job.

WHAT IS SEXUAL

HARASSMENT

• What is sexual harassment?

• “Unwelcome sexual advances,

• requests for sexual favors, and other

• verbal or physical conduct of a sexual

• nature constitute sexual harassment

• when submission to or rejection of this

• conduct explicitly or implicitly affects an

• individual’s employment, unreasonably

• interferes with an individual’s work

• performance, or creates an intimidating,

• hostile, or offensive work environment.”

• (Title VII of the Civil Rights Act of 1964)

• Sexual harassment is a form of sex discrimination

• characterized by rude and humiliating sexual advances

• which are unethical, illegal, and frequently constitute an

• abuse of power. Sexual harassment is unwanted and

• unwelcome.

• In the workplace, sexual harassment is an

• intimidating and offensive encroachment into an

• employee’s life which threatens his/her professional

• demeanor, motivation, and livelihood. In the workplace

• employers and employees can work together without

• intimidating and offensive sexual behaviors. Al l

• members in the workplace must have a significant and

• continuing interest in eliminating sexual harassment.

Physical Sexual

Harassment

• Physical sexual harassment

• Unwanted physical contact can range from

• offensive conduct to criminal behavior. The following

• behaviors include actual physical contact with the

• victim. Some behaviors are obviously sexual, while some

• may be considered accidental.

• Actual or perceived criminal behavior should be

• reported to the police. Examples of physical sexual

• harassment include:

• • invasion of personal space

• • cornering another person

• • attempts to kiss or fondle

• • physical attack

• • inappropriate touching, such as pinching,

• stroking, or brushing up against the body

• • attempted rape or actual rape

Verbal Sexual Harassment

• Verbal sexual harassment• The following examples demonstrate behaviors of a

• sexual nature which may violate the employer’s sexual

• harassment policy and federal and state laws prohibiting

• such behaviors. These behaviors need not be directed at

• a particular individual to constitute sexual harassment.

• • whispering in an obvious way about the way a

• person looks, walks, talks, or sits

• • displaying written or graphic sexual materials

• • soliciting dates or sex

• • repeatedly talking about sex or describing

• sexual acts

• • constant, aggressive and unwanted attention,

• directly or indirectly of a sexual nature

• • threatening consequences if (sexual) attention

• is not reciprocated

• • making sexual references to a person’s clothing

• or body

• • telling offensive sexual jokes

• • making suggestive noises such as whistling or

• wolf-calls

• • making sexually oriented comments about

• weight, body shape, or size

Harassment

• Harassment:

• a : exhaust, fatigue b (1) : to annoy persistently (2) : to create an unpleasant or hostile situation for especially by uninvited and unwelcome verbal or physical conduct

EXAMPLE OF WORK PLACE

HARRASSMENT

“

”OFFENSIVE TEST QUESTION ON AN HIGH

SCHOOL TESTThe 15-question test, however, contains inflammatory

language that some find offensive. For example, one question asks what are the "Dixie Hummingbirds?" and offers the

following choices: (a) part of the KKK, (b) a swamp disease, (c) a modern gospel group, (d) a Mississippi Negro paramilitary

group, (e) Deacons.

RACIAL HARASSMENT

What is racial harassment?

What does it look like?

Have you ever experienced racial harassment?

UNIVERSITY OF OKLAHOMA• The University of Oklahoma report on Sigma Alpha Epsilon details the origin of

a racist chant taught to new members. University President David Boren says the matter cannot be closed ‘until the culture at the national level has been addressed.’

• By Brad Knickerbocker, Staff writer MARCH 28, 2015

• About video ads

• “You've got to be taught/To hate and fear/You've got to be taught/From year to year/It's got to be drummed/In your dear little ear/You've got to be carefully taught.”

• These lyrics from “South Pacific,” the musical by Richard Rodgers and Oscar Hammerstein, easily come to mind with the latest news about a racist fraternity chant at the University of Oklahoma.

• An investigation ordered by university President David Boren reveals that the videotaped racist chant by brothers of the Sigma Alpha Epsilon fraternity had been taught at a leadership event organized by SAE’s national organization four years ago.

Essential Elements of a Harassment Policy

Strategies: Sexual and Racial Harassment

Adopt a harassment policy that is separate from a general anti-discrimination policy.

Make sure the policy covers racial and religious harassment in addition to sexual harassment.

When creating policies that include definitions of prohibited behaviors, make the definitions broader than what is defined by law.

Do not assume that everyone understands what sexual harassment is; conduct workshops.

Employee Expressions Resulting in Adverse Employment

Actions

Retaliation for seeking justice or for whistleblowing

Dress/grooming codes

Injudicious speech and whistleblowing

Religious speech (including team prayer)

Religious practices

Unionizing activity/speech

Determining Reasonableness of Religious Accommodations

Factors to consider:

Size of staff

Type of job that employee does

Whether other employees were asked for their assistance in making the accommodation

Willingness of others to make the accommodation

Cost

Administrative burdens

What has been done by similarly situated employees

Competitive Advantage Strategies

Employee Religion

Be sensitive to cultural

differences that may affect

the work environment.

EXAMPLE OF RELIGIOUS

DISCRIMMINATION

Harassment Test• I. Select either: A. Physical Sexual Harassment B. Verbal

Sexual Harassment

• 1. invasion of personal space

• 2. •attempted rape or actual rape

• 3. cornering another person

• 4. telling offensive sexual jokes

• 5. making suggestive noises such as whistling or

• 6. wolf-calls

• 7. whispering in an obvious way about the way a

• person looks, walks, talks, or sits

• 8. • threatening consequences if (sexual) attention

• is not reciprocated

• 9. making sexual references to a person’s clothing

• or body

• 10. • physical attack

•

• 11. Harassment is:

• A. to annoy persistently

• B. to create an unpleasant or hostile situation

• C. uninvited and unwelcome verbal or physical conduct

• D. All of the above

• 12. The following are essential elements of a harassment policies except:

• A. Policies that include definitions of prohibited behaviors.

• B. Have a policy of zero tolerance

• C. Make sure the policy covers racial and religious harassment

• D. Have a policy of three strike you’re out.

Answers

1.A

2.A

3. A

4.B

5.B

6.B

7.B

8.A

9.B

10.A

11D

12.B

13.D