Preventing Sexual Harassment Presented by: Erin Frazier Rice, J.D.
What is Harassment and Why Do We Care? Equal opportunity
Why Are we Still Talking About it? Federal Agency obtains $900,000 for workers told Women Don t Belong Here Largest jury award for a single employee in a hostile work environment case - $168 million You have the ability to make a difference here
Harassment Harassment Unwelcome conduct Based on an individual s protected class status That is severe and pervasive enough to alter the terms and conditions of employment
The Law Prohibits Harassment Based On Race or Color National Origin Religion or Creed Age Sex or Gender Sexual Orientation Veteran Status Disability
Unwelcome Unwelcome Conduct that an employee did not invite, and regards as offensive An employee does not have to complain at the time that conduct is uninvited or offensive Complainant can be anyone affected by the harassing conduct and does not have to be the person to whom the conduct is directed
Harassment Examples of Unwelcome Conduct Verbal: profanity, jokes, slurs, stories Written: email, graffiti, explicit photos on cell phones, posters Physical: pats, neck rubs, blocking movement with or without contact Gestures: simulating sexual acts, suggestive motions, unwelcome gifts Pressure for dates after it is clearly unwelcome
It s Not Worth It The e in email stands for evidence Don t send it unless you would be comfortable with it on the cover of The Daily with your name underneath Don t say it unless you would say it with your significant other present Be respectful
Severe and And Pervasive Conduct Totality of circumstances considered Must be both objectively and subjectively offensive Courts use a reasonable person standard
Sexual Harassment Includes Non-sexual, gender-based harassment Either men or women can be harassed by members of the same or opposite sex
Law and UW Policy Prohibit Harassment By Managers and supervisors Co-workers Faculty, TA/RAs, and students Clients, vendors and members of the public
Supervisors Can Create Liability Employer is liable for actions by a supervisor who has immediate (or higher) authority over employee Supervisor is someone who can demand obedience from an employee
Liability for Harassment by Non-Supervisor Liability for Harassment by a Non-Supervisor Employer is liable for harassment by a co-worker or non-employee if: Management knew, or reasonably should have known, of the harassment, and Management failed to take prompt remedial action
Personal Liability In Washington, a harasser can be held personally liable Indemnification only appropriate when actions arise out of the employee s discharge of duties are within the scope of employment Victim can recover lost salary and benefits; emotional distress; medical costs; attorney s fees
Duty to Report Staff are required: to report to their supervisors or heads of their units any complaints of discrimination/harassment they receive to participate and fully cooperate with the process of resolving a complaint Failure to report complaints received or to cooperate with the complaint process may result in disciplinary action
Complaint Resolution If comfortable, talk with the offender, but not necessary to confront before reporting harassment FS ORR HRC Irene Hrab Ombudsman UCIRO
Retaliation Retaliation Cannot retaliate against anyone for seeking accommodation, complaining about discrimination/harassment or participating in any investigation (including witnesses, subjects, complainants) Retaliation can be found even when the underlying discrimination/harassment complaint was not supported
Examples of Retaliation Unwarranted corrective action, dismissal, poor performance evaluation Treating or encouraging others to treat employee in hostile manner Any "materially adverse" employment action that might dissuade a reasonable worker from making or supporting a claim of discrimination Dawson vs Entek
RESPECT THE WORKPLACE