The Ultimate Supervisor Module F by Chiron Concepts Consulting

Written Compiled & Presented by Colin Dovey Copyright Chiron Concepts Consulting ÂŠ 2012

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Welcome!

Welcome to the Sexual Harassment Prevention practical learning program. This program has been designed to reinforce any talk or workshop which you have attended. Sexual harassment consists of unwanted, unwelcome sexual advances or sexual conduct in the workplace that has the effect of unreasonably interfering with a person's work performance. This type of behaviour can create an intimidating or hostile work environment. The goal of eliminating sexual harassment in the workplace must begin with prevention. As employees we have a responsibility to prevent sexual harassment from occurring. To accomplish this goal, this training will: Ÿ Increase your awareness Ÿ Provide you with the skills & motivation needed to address issues of sexual harassment Course Completion Once you have completed this course, your completion data will be supplied to you or your employer at your request. To successfully complete the course, you must: Ÿ Read the information presented on each page Ÿ Check your comprehension of the material by participating in all learning activities, such as surveys, open-ended questions & other interactive exercises. Ÿ Answer all review questions & use the feedback provided to increase your understanding.

Getting Started This course will provide examples of the approaches & techniques that can be used to prevent sexual harassment in the workplace.

What all Employees Need to know

This module will increase employee awareness, skills & motivation to better address the issue of sexual harassment & prevention

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Introduction As employees, we have a responsibility to prevent sexual harassment from occurring. This training program will increase your awareness and provide you with the skills and motivation you need to better address the issues of sexual harassment. It will give you examples of what needs to be done, and what approaches and techniques can be used to prevent sexual harassment in the workplace.

Objectives The Sexual Harassment Prevention Program: “What all Employees need to know” was designed to meet the following objectives: Ÿ Ÿ Ÿ Ÿ

To understand the definition and terminology associated with sexual harassment To recognise those actions that could be considered as being sexual harassment To apply the skills necessary to prevent and stop sexual harassment To determine what situations are, or could develop into, a sexual harassment problem

What all Employees need to know This module consists of four distinct lessons. If this is your first time through the course, select No 1 below: “What contributes Sexual Harassment” button to begin. Use the previous and next arrows to proceed through the course. If you want to be notified that you completed the course, you must complete the entire course. The lessons will be covered in the order shown below on the blue buttons. If you have already completed the course, you can go directly to the information you would like to review by selecting the appropriate menu button below.

No 1

What contributes to Sexual Harassment

This introductory lesson will help you start thinking about the complexities of sexual harassment.

No 2

Defining Sexual Harassment

This lesson will guide you through a series of activities that will help you to get familiar with, and understand the definition of sexual harassment

No 3

Understanding Sexual Harassment

This lesson will give you an opportunity to identify potential Sexual harassment situations and determine ways to prevent such situations from occurring in your workplace

No 4

Preventing Sexual Harassment

The purpose of this lesson is to reinforce ways to prevent sexual harassment from occurring in the workplace.

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What Constitutes Sexual Harassment? Select one of TRUE, FALSE or MAYBE for the following statements. You may find it is difficult to respond to some of these situations as sexual harassment is not easy to define, and it is often a VERY personal matter. After you have completed this activity, make sure you print, or save this page before continuing, as you will need to be able to look at the printout (or view your saved page) in a later activity. TRUE FALSE MAYBE 1. Physical acts by one employee against another constitute Sexual harassment. 2. A suggestive cartoon hanging over an employeeâ&#x20AC;&#x2122;s desk Constitutes sexual harassment. 3. Ignoring another employee constitutes sexual harassment 4. People in some cultures are more physical and openly Affectionate than others and co-workers should Understand their actions are not meant as sexual harassment 5. Staring is sexual harassment 6. Sexual innuendos made at an office party are not Sexual harassment 7.

Touching of one employee by another is nor sexual Harassment

8. The promotion of an unqualified, willing participant in an office romance can be considered sexual harassment. 9. Failure to promote an employee because he/she will not Date you is sexual harassment 10. Inviting a co-worker to go out on a date even though he/she has refused to go out with you in the past is sexual harassment

5 Defining Sexual Harassment

This activity will help you get an understanding of the definition of sexual harassment. Consider each of the following questions, then type your answer in the space provided. When you are done, click on Submit.

1. What does the term sexual Harassment mean to you? 2. How is sexual harassment different from sexual discrimination? 3. Give three examples of sexual harassment. a) b) c)

4. What is the impact of sexual harassment in the workplace?

6 Defining Sexual Harassment Question 1 - Feedback Defining sexual harassment is NOT always an easy task. Some behaviours are obviously inappropriate, whilst others may not be intended to cause harassment. Each employee, therefore, has a responsibility to keep his or her own behaviour in check and thus create an environment of respect.

1. What does the term sexual harassment mean to you? For this question, your answer was:

Ideal answer: Sexual harassment is any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which is offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation or which interferes with the recipientâ&#x20AC;&#x2122;s job performance.

7 Defining Sexual Harassment Question 2 - Feedback 2. How is sexual harassment different from sexual discrimination? For this question, your answer was:

Ideal answer: Sexual harassment is a kind of sexual discrimination. Sexual discrimination is when a particular sex is treated differently from those of the other sex. NEXT PAGE

8 Defining Sexual Harassment Question 3 - Feedback 3. Give 3 examples of sexual harassment For this question, your answer was:

Ideal answer: Ÿ Visual (pictures, posters, magazines, calendars, etc.) Ÿ Verbal (repeated requests for dates, lewd comments, sexually explicit jokes, whistling etc Ÿ Written (letters, e-mail, messages, notes etc) Ÿ Offensive gestures Ÿ Subtle pressure for sexual activities Ÿ Unnecessary touching, patting, pinching, kissing, leering or ogling Ÿ Brushing up against another’s body Ÿ Promise of promotions, favourable performance evaluations, etc., in return for sexual favours, known as “quid pro quo” or “This for that”

9 Defining Sexual Harassment Question 4 - Feedback 4. What is the impact of sexual harassment in the workplace? For this question, your answer was:

Ideal answer: We are ALL affected in some way by sexual harassment in the workplace Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ

The recipient feels victimised The unit experiences a decrease in productivity There may be time and attendance/absenteeism problems There may be loss of employment or suspension for the harasser There may be legal implications It make for an uncomfortable work environment

10 Defining Sexual Harassment: What is Sexual Harassment? Sexual harassment is any unwanted or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient or which cause the recipient discomfort or humiliation or which interfere with the recipients job performance. Sexual Harassment may include: Ÿ Visual harassment: posters, magazines, calendars etc. Ÿ Verbal harassment or abuse: repeated requests for dates, lewd comments sexually explicit jokes, whistling etc. Ÿ Written harassment: love poems or letters, graffiti Ÿ Offensive gestures Ÿ Subtle pressure for sexual activities Ÿ Unnecessary touching, patting, pinching or kissing Ÿ Leering or ogling Ÿ Frequent brushing up against another’s body Ÿ Promise of promotions, favourable performance evaluations, etc. In return for sexual favours Ÿ Demanding sexual favours accompanied by implied or overt threats to a person’s job, promotion, performance evaluation etc. Ÿ Physical assault, rape. The first step towards eliminating sexual harassment from the workplace is prevention. EVERYONE should take steps to prevent sexual harassment from occurring in the first place.

11 Defining Sexual Harassment: Terminology Match the following sexual harassment terms with an example from the right column by entering a number next to it. When you are done, click on submit.

Quid Pro Quo

1. Refusing time off after a sexual Harassment complaint is filed.

Hostile Environment

2. Most people would have the same Perspective on the same issue

Retaliation

3. Promising a promotion in exchange For continuing a relationship

Reasonable personâ&#x20AC;&#x2122;s Standard

4. Listening to co-workers talk about their sex lives

12 Defining Sexual Harassment: Terminology Feedback For this activity, you answered: Quid Pro Quo................................is not a valid choice!

Hostile Environment................................is not a valid choice!

Retaliation................................is not a valid choice!

Reasonable personâ&#x20AC;&#x2122;s standard................................is not a valid choice!

The correct definitions are: Quid pro Quo: this for that. It refers to situations in which submission to sexual harassing conduct is used as the basis for employment or in which submission to, or rejection of sexually harassing conduct is used as the basis for employment decisions affecting the individual who is the target of such conduct. The CORRECT example is: 3. Promising a promotion in exchange for continuing a relationship Hostile Environment: Unwelcome and demanding sexually related behaviour that creates an intimidating, or offensive work enviroment. The CORRECT example is: 4. Listening to co-workers talk about their sex lives. Retaliation: Negative action taken by the alleged harasser when the employee refuses requests for sexual favours, or reports the harassing behaviour to a higher level. The CORRECT example is: 1. Refusing time off after a sexual harassment complaint is filed. Reasonable Personâ&#x20AC;&#x2122;s Standard: A hostile work environment must be judged from the perspective of a reasonable person. The standard considers the perspective of the person who is harassed and NOT stereotyped ideas of acceptable behaviour. The CORRECT example is: 2. Most people would have the same perspective on the same issue. NEXT PAGE

13 Defining Sexual Harassment: Intent vs Impact On a scale of 1 - 10, with (1) representing harmless, and (10) representing offensive, indicate your personal reaction to the following behaviours. Enter your numbers in the space provided in the text blocks. 1. An outside employee calls you honey.......................................................... 2. Co-workers continuously use obscene language in the canteen..................... 3. A picture of someone dressed in a thong bikini is placed on your ................. co-workers desk 4. An employee loudly discusses her love life on the phone............................... 5. You are told that you may be passed over for a promotion........................... if you refuse a sexual advance 6. A person in another department comments on the sound of your.................. voice on the telephone 7. A supervisor massages your shoulders........................................................ 8. Dirty jokes and cards get passed around the office..................................... 9. A supervisor tells you of his or her sexual fantasies about you..................... 10. Your boss grabs you tightly and kisses you...............................................

14 Defining Sexual Harassment: Intent vs Impact On a scale of 1 - 10, with (1) representing harmless, and (10) representing offensive, indicate your personal reaction to the following behaviours. Enter your numbers in the space provided in the text blocks. 1. An outside employee calls you honey.......................................................... 2. Co-workers continuously use obscene language in the canteen..................... 3. A picture of someone dressed in a thong bikini is placed on your ................. co-workers desk 4. An employee loudly discusses her love life on the phone............................... 5. You are told that you may be passed over for a promotion........................... if you refuse a sexual advance 6. A person in another department comments on the sound of your.................. voice on the telephone 7. A supervisor massages your shoulders........................................................ 8. Dirty jokes and cards get passed around the office..................................... 9. A supervisor tells you of his or her sexual fantasies about you..................... 10. Your boss grabs you tightly and kisses you............................................... The purpose of this exercise was to make you aware that people have very different opinions when it comes to labelling behaviours harmless or offensive. The basic point to keep in mind is that ANY unwanted abusive conduct directed to one gender in the workplace can be classed as sexual harassment. The activity does not necessarily have to relate to sexual activity. Further, inappropriate, inoffensive behaviours are labelled by the recipient of how they are intended. You should never minimise a person’s complaint about offensive behaviour Ÿ Ÿ Ÿ Ÿ Ÿ

Deliberate Repeated Sexual in nature Unwanted Not asked for and not returned

Remember: INTENT....the purpose behind the action and IMPACT....the impression of another’s actions.

15 Understanding Sexual Harassment

This lesson will give you an opportunity to identify potential sexual harassment situations and determine ways to prevent such situations from occurring in the workplace. Please note the situations presented in this lesson contain language that you might find offensive. Select the case study you would like to explore below:

Shirley CLICK HERE TO GO TO THE DETAILS OF THE CASE ABOVE

Tom CLICK HERE TO GO TO THE DETAILS OF THE CASE ABOVE

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Understanding Sexual Harassment: One of the Gang

Shirley – “Those guys discuss their sex lives every Monday! Doesn’t it get old? They must see by the look on my face that I don’t think it’s funny.” Tom: what Shirley’s problem? We’ve been joking around for years. If she thinks we’re going to change just because she’s here - well she ought to think again!” A woman was recently promoted to an engineering position in a regional office. The office is predominantly male. In fact, many of the employees have worked together for up to 20 years. On Monday mornings, the engineers meet to review work assignments for the week. It is Monday morning and although Shirley has attended several of these meetings, she dreads going into the conference room. The common practice in the office is that the employees discuss their weekend endeavours as part of the pre-meeting discussions. The talk centres on their sexual exploits and is very crude. Shirley is very uncomfortable, and has tried on several occasions to express her feelings to her coworkers. However, the workers feel that their conversations are not directed at Shirley and brush off her comments by stating she is too sensitive.

Understanding Sexual Harassment: One of the Gang Question One When dealing with issues of sexual harassment, there are often no clear-cut right or wrong answers. Select the best response by clicking on the radio button next to it, then click on Submit. 1. How would you assess this situation? A.

Shirley should try to be more reasonable. Her co-worker’s comments are not intended to offend het, and she IS being overly sensitive

This behaviour is clearly sexual harassment. Shirley has tried to express her feelings of discomfort. Her co-workers should face disciplinary action.

The co-workers’ behaviour is inappropriate for the workplace. Even though their comments are not directed to Shirley, they are offensive and must be stopped.

17 Understanding Sexual Harassment: One of the Gang Question One Feedback NEXT PAGE

1. How would you assess this situation?

YOUR SELECTION

POSSIBLE SOLUTIONS

FEEDBACK

Shirley should try to be Everyone has a right to be comfortable in his or her more reasonable. Her co- workplace. A “reasonable person standard,” which worker’s comments aren’t adopts a reasonable “victim’s” perspective, is used as intended to offend her, the basis for the assessment. and she is being overly All inappropriate workplace behaviour must be stopped sensitive – even if the offended individual is in the minority. These situations can be difficult when an established culture has allowed certain behaviour to take place.

This behaviour is clearly sexual harassment. Shirley has tried to express her feelings of discomfort. Her coworkers should face disciplinary steps.

The co-workers’ behaviour is inappropriate for the workplace. Even though their comments are not directed at Shirley, they are offensive and must be stopped.

Offensive behaviour that is serious and/or pervasive enough could create a hostile work environment. In this scenario, the offended individual has a responsibility to speak up and send a clear message to the offending parties. This can be done directly or by someone speaking on behalf of the “recipient.” The goal is for the offensive behaviour to end. If it continues, the co-workers could face disciplinary action for sexual harassment and could expose the employer to liability. People must be reminded that offensive behaviour is defined by a “reasonable” recipient. In third part situations, people are often unaware that their behaviour is causing someone t be uncomfortable in the workplace. Quite often, once a situation is brought to their attention, those accused are embarrassed and will stop the behaviour in question. If the request is ignored, the co-workers could be guilty of creating a hostile environment. NEXT PAGE

The best answer for this question is choice B

18 Understanding Sexual Harassment: One of the Gang Question Two When dealing with issues of sexual harassment there are often no clear-cut right or wrong answers. Select the best response by clicking on the radio button next to it, then click on Submit. 2. What would you do to resolve this conflict at the lowest level? A.

Speak directly to the co-workers and tell them you are offended and uncomfortable With their pre-meting conversations

Ignore the comments. They are not directed at you

File a written complaint to assure you are taken seriously. NEXT PAGE

19 Understanding Sexual harassment: One of the Gang NEXT PAGE

Question Two Feedback 2. What would you do to resolve this conflict at the lowest level?

YOUR SELECTION

POSSIBLE SOLUTIONS

Speak directly to the co- People are often unaware that their behaviour is workers and tell them you making someone uncomfortable and will stop once are offended and they are informed. If you are unable to speak directly uncomfortable with their to the offending party, or, if you feel that you have pre-meeting been unsuccessful, talk with someone who can help conversations send a clear message. The goal is for the offensive behaviour to end. If it continues or becomes worse after putting the offending parties “on notice,” disciplinary action should be considered.

Ignore the comments. They aren’t directed at you.

Some people may have difficulty addressing offensive behaviour for fear of being labelled However, ignoring things will not make them go away. Assess the behaviour that is making you feel uncomfortable. If it is negatively affecting your job performance, you have a responsibility to take action. Speak up. The offending parties might be unaware of the effect of their behaviour.

File a written complaint to assure you are taken seriously.

Everyone has the right to file a written complaint without fear or retaliation. This step obligates your employer to conduct a form of investigation. If you are considering this action, to understand how the process will work, follow the steps outlined in your company’s harassment prevention policy.

FEEDBACK

The best answer for this question is choice A

20 Understanding Sexual Harassment: One of the Gang Conclusion Ÿ Remember that everyone has a responsibility to create and maintain a respectful work environment Ÿ Avoid behaviour that has sexual overtones Ÿ Consider the effect of your words or actions on third party recipients Ÿ Don’t ignore behaviours that make you feel uncomfortable. Speak up and do your part to resolve situations at the lowest level possible. NEXT PAGE

21 Understanding Sexual Harassment: No Thank you For the past several weeks, Carlos has repeatedly asked Tiffany to go out on a date. Tiffany has refused each each time. Today, Carlos invited her to lunch. When she informed him of previous plans, he proposed going out after work instead. It’s the point where the sound of his voice makes her tense.

Carlos

Tiffany

Tiffany: “He does not take NO for an answer. Why can’t he just leave me alone? Carlos: “I think she is playing hard to get - and I was raised to keep trying until she gives in” No thank you Question One When dealing with issues of sexual harassment, there are often no clear-cut or wrong Answers. Select the best response by clicking on the radio button next to it, then click on SUBMIT Button. 1. How would you categorise this interaction? A

Ÿ A cultural misunderstanding. Carlos’ mantra is: “If at first you don’t succeed, try, try and try again

Ÿ Could be perceived as harassment. Carlos has continued to pursue Tiffany in spite of her turning down previous requests to date him

Ÿ Miscommunication. Carlos is expressing his attraction to Tiffany and is unaware of her discomfort. NEXT PAGE

22 Understanding Sexual Harassment: No Thank you Question One Feedback NEXT PAGE

1. How would you categorise this interaction? YOUR SELECTION

POSSIBLE SOLUTIONS

FEEDBACK

A cultural misunderstanding. Carlos’ mantra “if at first you don’t succeed, try, try again!”

We have all been raised to view and practice life differently. Sex, race, ethnicity, age religion and communication style are examples of cultural differences that affect workplace relationships. While we must acknowledge and respect people’s cultural differences, we also have a responsibility to respect the boundaries of others.

Could be perceived as harassment. Carlos has continued to pursue Tiffany in spite of her turning down previous requests to date him

Miscommunication. Carlos is expressing his attraction to Tiffany and is unaware of her discomfort.

Unwanted requests for dates can be an example of subtle sexual harassment. In this scenario, the actual dialogue between the two parties must be assessed to determine how the request to date was refused. If, after a clearly communicated message the unwanted behaviour continues, it must be viewed in the context of whether a reasonable person would find that the conduct of a an abusive work environment. In this scenario, Tiffany may believe she is clearly requests for dating - while Carlos believes he is getting closer to a “Yes” answer. Although Tiffany may think her negative tone of voice and body language speaks for itself, Carlos may not be paying close enough attention to notice. NEXT PAGE

The best answer for this question is choice B

23 Understanding Sexual Harassment No Thank You Question Two When dealing with issues of sexual harassment, there are often no clear-cut right or wrong answers. Select the best response by clicking the radio button next to it, then click on submit. 2. What is the best way to resolve this situation? A.

Be direct. If Carlos still doesnâ&#x20AC;&#x2122;t get the message, report the conduct to a higher level.

Enough is enough! File a sexual harassment complaint.

Give in and accept the date. It will get the person off your back and, who know? It Might even be fun! NEXT PAGE

24 Understanding Sexual Harassment: No Thank You Question Two Feedback 2. What is the best way to resolve this situation? YOUR SELECTION

POSSIBLE SOLUTIONS

Be direct. If Carlos does not get the message, report his conduct to a higher level.

FEEDBACK

When refusing a request for a date, being blunt may be the only way to get the message across. Making excuses and trying to let the person “down easy” may be misinterpreted. Open, honest communication can avoid misunderstandings as well as claims of sexual harassment. If you are unable to stop the behaviour, report it and let someone at a higher level intervene on your behalf.

Enough is enough!

Everyone has the right to file a written complaint without fear of retaliation. This step File a sexual obligates your employer to conduct a formal harassment complaint. investigation. If you are considering this step, to understand how the process will work, follow the procedures outlined in your office or company’s sexual harassment policy. Give in and accept the date. It will get the person off your back, and who know? It might be fun!

A key word in the definition of sexual harassment is “unwanted.” Accepting a date for the wrong reasons can make a situation more uncomfortable in the long run. Repeated requests for dates could be considered sexual harassment if they are interfering with your job performance. Say “No” if you’re not interested. Involve someone at a higher level if you are unable to resolve the situation yourself. You have the right to be comfortable in your workplace. NEXT PAGE

The best answer for this question is Choice B

25 Understanding Sexual Harassment: No Thank You Question Two Conclusion Ÿ Sexual Harassment includes unwanted verbal behaviours of a sexual nature Ÿ Repeated requests for dates can be sexual harassment even if there is no intent to make a person feel uncomfortable Ÿ Clear communication can help to establish boundaries and avoid misunderstandings

Preventing Sexual Harassment: Checklist Be serious about stopping and preventing sexual harassment. Don’t let negative attitudes about people come out at work. Remember it is YOUR responsibility to do your work and follow the policies and procedures of your employer. In the case of sexual harassment, it could cost your employer a great deal of money in a C.C.M.A. action, and even a Labour Court Case. Furthermore, it could even cost you your job! When you are at work, remember to: Ÿ Avoid behaviour that has sexual overtones, including: ü Complementing a person’s body ü Asking questions about a person’s sex life ü Asking to date someone who has repeatedly said no Ÿ Keep your work area decorated appropriately. There should not be posters, pictures or other items that some people could find offensive. Ÿ Don’t go overboard at office parties, picnics, or after work socialising - especially when alcohol is involved. You still have to work with these people. Your office or company could be liable for damages even outside of work. Don’t take the risk. Ÿ

Remember the rules of proper conduct to your company’s customers, vendors, suppliers etc. Don’t harass any of them or let them harass you.

26 Preventing Sexual Harassment: Assessing Your Understanding You completed this activity a first time at the beginning of this module. Without looking at your previous work, select your answers as below:

What Constitutes Sexual Harassment?

Select one of TRUE, FALSE or MAYBE for the following statements. You may find it is difficult to respond to some of these situations as sexual harassment is not easy to define, and it is often a VERY personal matter. After you have completed this activity, make sure you print, or save this page before continuing, as you will need to be able to look at the printout (or view your saved page) in a later activity. TRUE FALSE MAYBE 1. Physical acts by one employee against another constitute Sexual harassment. 2. A suggestive cartoon hanging over an employeeâ&#x20AC;&#x2122;s desk Constitutes sexual harassment. 3. Ignoring another employee constitutes sexual harassment 4. People in some cultures are more physical and openly Affectionate than others and co-workers should Understand their actions are not meant as sexual harassment 5. Staring is sexual harassment 6. Sexual innuendos made at an office party are not Sexual harassment 7.

Touching of one employee by another is nor sexual Harassment

27 It is not always easy to distinguish sexually harassing behaviours. Often, whether a behaviour is sexual harassment, depends on the context of the behaviour and the interpretation and perceptions of the recipient. Indeed, depending on the circumstances, if any of these behaviours were reported and unwanted and occurred over an extended period of time, they may be deemed a pattern of sexual harassment. The statements in this activity were a way to get you to think about the complexities of sexual harassment. Compare the answers you selected when at the beginning of the course and the ones you selected now. Think about why they are different, and what made you change your mind. By taking this course, you are encouraged to become involved in and committed to preventing sexual harassment in the workplace.

Congratulations on completing the Sexual Harassment Prevention training for Employees. We hope that this course has increased your awareness and provided you with the skills and motivation needed to address the issues of sexual harassment.