BLR’s Human Resources Training Presentations in Texas

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BLR’s Human Resources Training Presentations in Texas

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


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


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?


Prohibited Practices in Texas

Unwelcome sexual advancesRequests for sexual favorsVerbal or physical conduct of sexual natureTangible employment actionHostile work environment


Employer Liability in Texas

Knew or should have knownActions halfhearted and ineffective


Enforcement of Texas Antiharassment Law

Texas Commission on Human RightsAuthority of CommissionReferral of complaintsRemedies


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


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


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.

BLR’s Human Resources Training Presentations in Texas

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