What’s New Pussycat?Sexual Harassment Discrimination

Candyce PardeeUdall Ɩ Shumway ~ Yuma Office1.800.863.6718 ~ cbp@udallshumway.com

Board Anti-Discrimination Policies are Built on State and Federal Laws

• A.R.S. §§23-341 and 41-1461 et seq.• Arizona Constitution, Art. XX, Par. 7• 20 U.S.C. 1401, Individuals with Disabilities Education

Act• 20 U.S.C. 1681, Title IX• 20 U.S.C. 1703, Equal Employment Opportunity Act• 29 U.S.C. 794, Rehabilitation Act• 42 U.S.C. 2000, Civil Rights Act• 42 U.S.C. 12101 et. Seq. Americans With Disabilities

ActNot to mention regulations, rules, and Executive

Orders

ACA, Sexual HarassmentAll individuals associated with this District, including,

but not limited to, • the Governing Board, • the administration, • the staff, and • Studentsare expected to conduct themselves at all times so as

to provide an atmosphere free from sexual harassment.

Sexual Harassment Includes• Unwelcome sexual advances, requests for sexual

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

• when made by a member of the school staff to a student or to another staff member or

• when made by a student to another student

AND WHERE

• Submission to the conduct is either explicitly or implicitly made a term or condition of the employment or education

• Submission to or rejection of the conduct is used as a basis for employment or education decisions affecting the individual, or

• The conduct has the purpose or effect of substantially interfering with the person’s education or work performance or creates a hostile, intimidating, or offensive education or work environment.

What do you think?• Teacher allows children

to sit on lap for story time.

• Teacher requires all girls to sit on his lap before he will answer their questions; boys can stand/be anywhere and have their questions answered.

Sexual Harassment may also include• Suggestive or obscene letters, notes, derogatory

comments, slurs, jokes• Display of sexually suggestive objects, pictures, or

cartoons • Assault, touching, impeding or blocking movement, • Leering, or • Continuing to express sexual interest after being

informed that the interest is unwelcome.

What do you think?• Co-worker A asks Co-

worker B out on a date; B says no. Can A ask B out again?

• A asks B out again. B says no again. Can A ask B out again?

• B now asks A out and A says yes. Can A ask B out again?

What do you think?• Co-worker is always

exuberant, over-the-top expressive with everyone: male and female; subordinates, supervisors and colleagues. Instead of saying, “thanks” in her e-mails, she says, “I just love you!”

What if a someone objects, saying that makes him/her uncomfortable?

Quid Pro Quo Sexual Harassment

• Implying or withholding support for an appointment, promotion or change of assignment;

• Suggesting a poor performance report will be prepared, probation will be failed;

• Implying or actually withholding grades earned or deserved; or suggesting that a scholarship recommendation or college application will be denied

Or, taking the opposite approach

Offering or granting favors or educational employment or benefits, such as

• Grades,• Promotions, • Favorable performance evaluations, • Favorable duties or shifts, • Recommendations, • Reclassifications, etc.

in return for sexual favors

Discrimination…

DiscriminationBased on a person’s• Race• Color• National Origin• Age• Sex• Disability• Religion

Are also prohibited by law and policy!

To that standard list, add…

• Genetic code• Political Affiliation• Veteran’s Status

Disparate treatmentDemonstrated by • Preferential treatment of individuals,

who are not in the protected group, or• Negative treatment of individuals who

are members of a protected group• Use the same criteria discussed for

sexual harassment—only not “in return for having sex” but simply because of membership in the protected group

What do you think?• Employer wants to pay a

veteran less since the veteran is already getting military retirement.

• Employer allows co-workers to tease a veteran, calling him “Rambo”.

• Employer allows co-workers to call an employee who has not served in the military a coward and wimp.

What do you think?• Employer has employees’

blood provided for health insurance “wellness” testing screened for a genetic code for cancer.

What do you think?• Employee loves to tell

“blonde jokes” about stupid, blonde women.

• Employee loves to tell jokes about stupid men.

• Employee loves to tell jokes about Democrats or Republicans.

• Employee loves to tell jokes about attorneys.

Remedy• Individuals suffering discriminatory

treatment• Because of membership in a protected

class• Should report the discriminatory

behavior to the compliance officer• Individuals observing discriminatory

treatment should also report the behavior to the compliance officer

A substantiated charge…• Against a staff member shall subject the staff

member to discipline, up to and including termination.

• Against a student shall subject the student to disciplinary action up to and including suspension or expulsion.

ACR-Compliance Officer

• The superintendent is the compliance officer• The person who feels that he or she has been

discriminated against OR• Anyone who knows of discrimination, should file a

complaint with the superintendent.• If the superintendent is the person alleged to have

committed the discrimination, then the complaint goes to the Board President.

Reviewing complaints…

• Were adverse job consequences experienced?• Did others receive preferential treatment?• Were there justifiable job-related reasons for any

identified differences in treatment?• What would a REASONABLE WOMAN-MAN in like

circumstances have done/acted/felt?

Common causes of complaints

• Actual victimization• Cultural differences misinterpreted• Personal agenda• Core personality styles clashing

What do you think?• Employee comes from a

family where everyone hugs everyone. Employee hugs everyone: male and female; subordinates, supervisors, colleagues.

• Hug is arm around a shoulder.• Hug is full, frontal body hug.• Someone objects to being

hugged and employee tries to hug that person anyway.

The Respectful Workplace

• Not ALL interpersonal interactions are governed by law

• Just because a rude comment or boorish behavior isn’t prohibited by law, doesn’t mean it CAN’T land you in trouble.

• Treat others with respect!

What do you think?• Boss is continually gossiping about

employees to other employees—stirring up bad feelings; makes exempt employees work weekends and evenings; calls exempt employees at 2 in the morning to discuss ideas; berates and belittles employees in front co-workers, family members, the public.

• Exempt employees are of all races, religions, sex, age, ability/disability, places of national origin, political affiliation, veteran’s status and genetic code—boss is an equal opportunity jerk.

Supervisors• Lead by example• Examine the work environment• Sensitize employees to the issue• Intervene BEFORE a complaint is generated if you

observe improper behavior• Turn ALL complaints over to the compliance officer• Document your actions, but do NOT comment upon

the validity of the complaint.• Do not retaliate, but at the same time, still hold a

complainant to the same standards as others

Questions???