blr’s human resources training presentations in pennsylvania

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BLR’s Human Resources Training Presentations in Pennsylvania

Sexual Harassment: What Is and Isn’t Acceptable: Part I


Goals

Consider federal laws that prohibit sexual harassment in the workplace

Recognize the specific forms of harassmentKnow who can commit sexual harassmentRecognize who can experience harassmentUnderstand under what conditions sexual

harassment can occurConsider Pennsylvania laws governing sexual

harassment


What Is Sexual Harassment?

Title VII–Title VII prohibits discrimination in

employment based on race, color, religion, sex, or national origin

–The courts have interpreted discrimination based on sex to include sexual harassment


What Is Sexual Harassment? (cont.)

–Conduct of a sexual nature in the workplace

–Unwelcome sexual advances or requests for sexual favors, or verbal or physical conduct of a sexual nature constitutes sexual harassment


Who Can Commit Sexual Harassment?

SupervisorsSubordinatesCo-workersClients/customers


Who Can Commit Sexual Harassment? (cont.)

TeachersStudentsSame-sex


Who Can Experience Sexual Harassment?

Direct targets of harassmentBystanders/witnesses to harassment


How Can Sexual Harassment Occur?

Tangible Employment Action–Employee suffers a loss

(monetary, change inworkload or assignment)

–Focus on harm to victim–Occurs between a supervisor and employee


How Can Sexual Harassment Occur? (cont.)

Hostile Work Environment–Severe or pervasive conduct (or both)–Unreasonable interference with job

performance–Offensive, intimidating, hostile work

environment–Can be created by anyone in the workplace


Does a Hostile Work Environment Exist?

How frequent is the conduct? How severe?Is the conduct physically threatening or

humiliating?Does the conduct unreasonably interfere

with an individual’s work performance?


Pennsylvania Law

Pennsylvania Human Relations Act Pennsylvania Human Relations

Commission Sexual harassment defined


Three Primary Forms of Sexual Harassment

Physical harassment or abuse Verbal harassment or abuse Visual harassment or abuse


When Is It Illegal?

Must be put up with to keep the job Employment decisions based on response Employee’s work negatively affected Hostile work environment created


Who May File Complaints?

VictimsWitnessesCo-workers


Summary

Sexual harassment is prohibited by Title VIISexual harassment is conduct of a sexual

nature in the workplaceSexual harassment is unwelcome advances or

requests for sexual favors, or verbal or physical conduct of a sexual nature

Sexual harassment can be committed by employees, customers, or clients


Summary (cont.)

Any employee–as well as bystanders and witnesses–can be a target of harassment

Sexual harassment is characterized by tangible employment action or a hostile environment

Pennsylvania law prohibits sexual harassment


Quiz

1. Sexual harassment in the workplace includes lewd remarks and sexual calendars. True or False

2. People of the same sex cannot commit sexual harassment. True or False

3. Besides employees who are direct targets, who are the other two groups who may be victims of sexual harassment?


Quiz (cont.)

4. If a supervisor terminates an employee for refusing a sexual demand, it is an example of what kind of harassment?

5. A hostile work environment may be intimidating and include sexual jokes. True or False


Quiz Answers

1. True.2. False. The key here is not sexuality, but that the

act is sexual in nature.3. Bystanders or witnesses to sexual harassment.4. It is an example of tangible employment action.5. True.

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