Legally, there are
two types of sexual harassment:
Quid pro quo harassment-one
thing in return for
another. ("You must sleep with me if you want
a promotion.")
Hostile work environment harassment. (A lunch
room decorated with centerfolds.)
The differences are spelled out by
the Equal Employment Opportunity Commission (EEOC)-a
federal government body that oversees and coordinates
all federal regulations, practices and policies affecting
equal employment opportunity.
In 1980, the EEOC issued guidelines which define sexual
harassment as unwelcome sexual advances, requests
for sexual favors or other verbal or physical conduct
of a sexual nature that:
- Are made a term or condition
of employment.
- Are used as the basis for employment
decisions.
- Create hostile and offensive working
conditions.
QUID PRO QUO HARASSMENT
Quid pro quo harassment is relatively
easy to understand. It means that the harasser is offering
the woman something in return for sexual favors-one
thing in return for another. That something may be
a raise, promotion or overtime, or it may be a promise
that the woman won't be fired if she plies. If the
behavior implies an offer, it is an example of quid
pro quo harassment, whether the woman complies or refuses.
Examples if Sexual Harassment
Sexual harassment can take
many forms:
- An unwanted look, pat
or squeeze.
- Suggestive remarks, lewd
jokes, references to women's bodies.
- Conversation depicting
women as sex objects.
- Persistent requests for
a date.
- A man repeatedly brushing
against a woman's body.
- Catching a woman alone
for a kiss or pinch as she walks by.
- Pornographic pictures
left in a desk or tool box.
- Work areas decorated with
centerfolds or other sexually explicit posters
or pictures.
Sexual harassment can
include a proposition, threat of rape or
rape-or it can be more subtle. Whatever form
it takes, harassment has two key components:
it is unwanted and it affects the victim's
job. |
HOSTILE ENVIRONMENT HARASSMENT
Defining a hostile environment allows
for a fair amount of interpretation both in the courts
and in the workplace. Some people think of it as "creeping
harassment" because it usually creeps up on the
victim. At first, the woman may try to shrug it off.
But then it continues to the point where she feels
uncomfortable, and begins to dread coming to work.
Hostile environment discrimination
is broader than quid pro quo harassment for
several reasons. First, a hostile environment can be
created not only by a supervisor, but also by co- workers
or even customers. Second, the woman does not need
to prove economic loss, such as loss of employment
or failure to get a promotion.
LegaI
Framework
Behind Sexual
Harassment law
Sexual harassment is a
form of discrimination under Title VII of
the Civil Rights Act of 1964 (as amended
in 1991). The Civil Rights Act prohibits
employment discrimination on the basis of
race, color, religion, national origin and
sex. Sexual harassment is considered to be
a form of sex discrimination.
Title VII applies to public employers and
to private employers having 15 or more workers.
The 1991 amendments to the Civil Rights Act
provide victims of sexual harassment the
right to a jury hearing. Likewise, they enable
the victim to sue for damages for pain and
suffering. Some state laws provide broader
protection against sexual harassment, including
coverage of workplaces with fewer than 15
workers. |
Because it is so broad, hostile environment
harassment is usually difficult for people to understand.
Most of us think that sexual harassment on the job
puts pressure on the victim because her livelihood
is at stake. But the co-worker accused of creating
a hostile environment cannot fire anyone. He cannot
put a negative letter in anyones file or cut anyone's
pay. And yet, he can make a victim's worklife impossible.
The 1986 Supreme Court case of Mentor Savings Bank
v. Vinson, the first sexual harassment case to
go before the nation's highest court, clarified the
legal definition of sexual harassment. In a unanimous
decision, the Supreme Court recognized "hostile
environment"
harassment and held that it was unlawful to require
"a man or woman [to] run a gauntlet of sexual
abuse in return for the privilege of being allowed
to work."
LAWS ARE NOT ENOUGH
The fact that sexual harassment remains
widespread suggests that laws are not enough. Researchers
believe that more than 98 percent of women who experience
sexual harassment do not file formal complaints. They
are afraid to come forward. The two primary reasons
for this? Fear of retaliation and fear of not being
believed.
The remainder of this booklet discusses
steps Teamster members and local unions can take to
remedy this situation, and to provide victims of sexual
harassment the support they need.
There are several options for dealing with sexual harassment
cases. These include:
- Resolving cases informally.
- Using the grievance procedure.
- Filing complaints with the Equal
Employment Opportunity Commission.
- Filing lawsuits against the harasser
and/or against the employer.
- Filing internal union charges
against the harasser.
Several of these options can, if
necessary, be undertaken at the same time.
Appendix 1 at the end of this booklet
explains the steps involved in filing
an EEOC complaint , and the timelines
to follow Chapters 3 and 4 emphasize
steps the union should take when handling
a sexual harassment grievance and when
trying to prevent future problems.
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