Sexual Harassment in The Workplace
Jayne M. Grandes Acting Director University Harassment Compliance & Equity
Federal Law
Title VII of the Civil Rights Act of 1964
Prohibits employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin. The law applies to federal, state and local employers and for all employment actions.
Federal Sexual Harassment Case Law
1974 – first reported case of sexual harassment (1980 – EEOC said sexual harassment is a form of sex discrimination) 1986 – first US Supreme Court decision set forth guidelines defining sexual harassment (Meritor Savings Bank v. Vinson)
Federal Case Law (continued)
(1991 – 1. CRA amendment allows jury trials and increased damages 2. Anita Hill) 1998
Oncale v. Sundowner Offshore Services
SC expanded definition to include harassment of an employee by another of the same gender, and conduct does not have to be sexually motivated.
Burlington Industries v. Ellerth Faragher v. City of Boca Raton
New Jersey Law
New Jersey Law Against Discrimination (NJLAD)
Prohibits differential treatment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, including perceived disability and AIDS and HIV status.
New Jersey Case Law
1993 –Lehman v. Toys ‘R’ Us NJ Supreme Court decision in put NJ in forefront in providing protection to employees from sexual harassment. Conduct is harassment if:
Would not have occurred but for the employee’s gender It was severe or pervasive enough to make:
A reasonable woman or man believe that the conditions of employment are altered and the working environment is hostile or abusive
NJ Case Law (continued)
2002 – Gaines v. Bellino
Existence of an anti-harassment policy is not enough to shield an employer for the alleged wrongdoings of a supervisor. Must be effective measures in place and an atmosphere or support for an anti-harassment policy. Supervisors must enforce the policy for it to be perceived as effective.
Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature when:
Submission is a term or condition of an individual’s employment; Submission to such conduct is used as a basis for decisions affecting the individual’s employment status; OR Such conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
What is harassment?
Behavior that is unwelcome, unwanted, and/or uninvited by the recipient Behavior based upon a protected trait Can be verbal, non-verbal and/or physical Alters an employee’s environment Creates an intimidating, offensive or hostile work environment Is a form of discrimination
Types of Harassment
Hostile Work Environment Demeaning, unwelcome behavior that alters the terms or conditions of work On basis of protected trait Unreasonably interferes with an individual’s work environment Severe or pervasive THIRD PARTY HARASSMENT Involves a person or persons not directly harassed but in a situation where acts of harassment affect conditions of employment
Quid Pro Quo (only sexual harassment)
“this for that” Sexual favors in return for a job benefit Submission or rejection used as a basis for employment decisions Explicit or implicit
Notes on hostile work environment – sexual harassment
NJ uses ‘reasonable woman’ standard Severe OR pervasive may be sufficient in NJ Non-sexual conduct may apply if based on victim’s gender
Sexual Harassment Statistics
40-70% women harassed on job 10-20% men harassed on job 62% victims took no action Almost 100% women harassed by men 41% of men harassed by men 70% of women harassed by superior
RU Policy Prohibiting Harassment
Covers
Employees Students Student Employees Vendors Contractors Subcontractors Volunteers
Basis
Race Religion Color National origin Ancestry Age Sex Sexual orientation Disability Marital/veteran status
RU Complaint Process
Administered through the Office of University Harassment Compliance & Equity Process is initiated by a victim or witness Harassment advisors are (usually) the first point of contact Complaints can be handled either informally or formally University commitment to handle complaints in a confidential and timely manner
Resolutions to Harassment
Informal
Goal is to stop behavior Faster resolution Fewer steps Less people involved No investigation No sanctions
Formal
Full Investigation Longer process Determination May involve sanctions or remedial actions
Office of University Harassment Compliance & Equity ASB Annex I – Busch Campus 732-445-3020 x646 http://uhr.rutgers.edu/uhce
[email protected]
