BLR’s Human Resources Training Presentations in Texas
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30506300TX/0409 © Business & Legal Reports, Inc.
BLR’s Human Resources Training Presentations in Texas
Sexual Harassment: What Is and Isn’t Acceptable: Part I
30506300TX/0409 © Business & Legal Reports, Inc.
Goals
Understand federal laws governing sexual harassment in the workplace
Recognize the forms of sexual harassmentKnow who can commit sexual harassmentRecognize who can experience harassmentUnderstand under what conditions sexual
harassment can occurUnderstand Texas laws governing harassment
30506300TX/0409 © Business & Legal Reports, Inc.
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
30506300TX/0409 © Business & Legal Reports, Inc.
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
30506300TX/0409 © Business & Legal Reports, Inc.
Who Can Commit Sexual Harassment?
SupervisorsSubordinatesCo-workersClients/customers
30506300TX/0409 © Business & Legal Reports, Inc.
Who Can Commit Sexual Harassment? (cont.)
TeachersStudentsSame-sex
30506300TX/0409 © Business & Legal Reports, Inc.
Who Can Experience Sexual Harassment?
Direct targets of harassmentBystanders/witnesses to harassment
30506300TX/0409 © Business & Legal Reports, Inc.
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
30506300TX/0409 © Business & Legal Reports, Inc.
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
30506300TX/0409 © Business & Legal Reports, Inc.
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?
30506300TX/0409 © Business & Legal Reports, Inc.
Prohibited Practices in Texas
Unwelcome sexual advancesRequests for sexual favorsVerbal or physical conduct of sexual natureTangible employment actionHostile work environment
30506300TX/0409 © Business & Legal Reports, Inc.
Employer Liability in Texas
Knew or should have knownActions halfhearted and ineffective
30506300TX/0409 © Business & Legal Reports, Inc.
Enforcement of Texas Antiharassment Law
Texas Commission on Human RightsAuthority of CommissionReferral of complaintsRemedies
30506300TX/0409 © Business & Legal Reports, Inc.
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
Any employee, customer, or client can commit sexual harassment
30506300TX/0409 © Business & Legal Reports, Inc.
Summary (cont.)
Any employee, bystander, or witness can be a target of harassment
Sexual harassment is characterized by tangible employment action or a hostile environment
Texas laws prohibit sexual harassment in the workplace
30506300TX/0409 © Business & Legal Reports, Inc.
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?
30506300TX/0409 © Business & Legal Reports, Inc.
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
30506300TX/0409 © Business & Legal Reports, Inc.
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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