Is it really sexual harassment?
As a general rule, people have different levels of sensitivity—conduct that does not offend most reasonable men might offend most reasonable women. Differing levels of sensitivity have led some courts to adopt a‘reasonable woman’ standard for judging cases of sexual harassment. | |
Under the standard, if a reasonable woman would fell harassed,harassment may have occurred even if a reasonable man might not see itthat way.
|
Identifying an unwelcome conduct
Only unwelcome conduct can be sexual harassment. Consensual dating, joking and touching, for example, are not harassment if they are welcomed by the persons involved. Conduct is unwelcome if the recipient did not initiate it and regards it as offensive.
|
| What you should not do: | |
- Invite the alleged harasser to lunch/dinner/parties after the supposedly offensive conduct occurs.
- Flirt with the alleged harasser.
- Wear sexually provocative clothing and use sexual mannerisms around the alleged harasser.
- Participated with other in vulgar language and sexual horseplay in the workplace.
| |
If you find gender-based conduct or sexually oriented conductoffensive, you should make your displeasure clearly and promptly known.Remember that some offenders may be unaware of how their actions arebeing perceived. Tell the harasser that the behavior is not acceptableand is unwelcomed by you. At the very least, refuse to participate inthe behavior.
|
Respond appropriately when you encounter sexual harassment
If you experience sexual harassment or witness it, you should make a report to the appropriate official. Before you report a problem, you might want to try some self-help techniques, using the DO’s and DON’Ts listed below.
|
| DO’s and DON’Ts of sexual harassment | | Dos | Don'ts | | Admit that a problem exists. | Blame yourself for someone else’s behavior, unless it truly is inoffensive. | | Tell the offender specifically what you find offensive. | Choose to ignore the behavior, unless it is truly inoffensive. | | Tell the offender that his or her behavior is bothering you. | Try to handle any severe or recurring harassment problem by yourself—get help. | | Say specifically what you want or do not want to happen, such as “please call me by my name not Honey,” or “please do not tell that kind of joke in front of me.” | |
|
|
Report incidents immediately, especially if they are recurring. Employees who promptly report harassing conduct can help their organization as well as themselves.
Expect adequate remedial action
Many organizations have written policies, distributed to all employees that contain examples of prohibited conduct and describe procedures for handling complaints. It is important to learn about your own employer’s policy.
|
Employer policies typically provide that any employee found to have violated the policy will be subject to discipline, up to and including immediate discharge and that the complaining employee will be told whether action has been taken, even if not told specifically what was done. The action taken in any particular case is within the organizations discretion.
The precise nature of the discipline is often kept confidential to ensure that the privacy of individuals is protected. If you, as the complaining party, fell that the harasser is retaliating against you for complaining or continuing to harass you, you should immediately use the employer’s procedures to report the conduct so that the employer can take further action as appropriate.
| |
What steps can employees take to prevent sexual harassment?
Mostwomen fail to recognize sexual harassment and treat it as trivial androutine. Ignoring offensive behavior or denying its existence is themost common ways women deal with sexual harassment.
|
Dealing with the harasser upfront: | |
- Do the unexpected: Name the behavior. Whatever he's just done, say it and be specific.
- Hold the harasser accountable for his actions. Do not pretend it didn't really happen. Let people know what he did.
- Make honest, direct statements. Speak the truth (no threats, no insults, no obscenities, no appeasing verbal fluff and padding). Be serious, straightforward and blunt.
- Demand that the harassment stop.
- Stick to your own agenda. Do not respond to the harasser's excuses or diversionary tactics.
- His behavior is the issue. Say what you have to say, and repeat it if he persists.
- Reinforce your statements with strong, self-respecting body language: eye contact, head up, shoulders back, a strong, serious stance. Do not smile. Timid, submissive body language will undermine your message.
- Respond at the appropriate level. Use a combined verbal and physical response to physical harassment.
- End the interaction on your own terms, with a strong closing statement: 'You heard me. Stop harassing women'.
| |
| Other steps employees can take: | |
- Speak out.
- Speak up at the time.
- Set your own boundaries.
- Be aware of situations and people who may harm you.
- Trust your own instincts about possible danger.
- Tell someone.
- Report sexual harassment to the appropriate person in the organization.
Pointers to avoid sexual harassment: - Be professional at all times.
- Set a positive example.
- Consider your attitudes.
- Avoid making assumptions.
- Think before making personal comments.
- Do not go along with the crowd.
- Be supportive of people who wish to talk about being sexually harassed and
- Direct them to the appropriate persons/authorities.
| |