Sexual Harassment
Page Contents
What is Sexual Harassment | Examples | Emotional and Physical Responses | Laws | Reporting Sexual Harassment in the Workplace | Sexual Harassment at the University of Iowa | Resources
What is Sexual Harassment
Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person exerts power or control over another person.
Harassment may be intentional with a person targeted personally, or it may be unintentional, such as an overheard conversation to an inappropriate poster. What matters is how the person receiving the behavior perceives it.
Sexual harassment is any unwanted attention of a sexual nature that a person , or group of persons experiences on the job, at school or in public which is interpreted to be offensive. The key to this definition is that the behavior must be unsolicited and unwelcomed by the victim.
Examples
Physical: touching in a sexual manner, pinching, patting, rubbing up against, gestures, assault.
Verbal: jokes of a sexual nature; comments or questions about a person’s body, dress, or personal life using demeaning or inappropriate terms; using crude and offensive language of a sexual nature; name-calling, or demeaning comments about appearance or sexual experiences
Visual: cartoons, drawings, or caricatures of a sexual nature; sexually related pin-up pictures or calendars and/or displaying sexual objects in the workplace. Electronic messages or e-mail are frequently used for inappropriate personal messages, or to distribute jokes and cartoons of a sexual nature that are offensive. (Even after these messages are deleted on the computer, they may be retrieved to use as evidence of sexual harassment.)
Hazing: teasing, practical jokes of a sexual nature, ostracizing or spreading rumors about a person’s personal life or sexual activities.
Emotional and Physical Responses
- Poor concentration at work or school
- Stress on personal relationships
- Anxiety
- Fear
- Depression
- Over/under eating
- Sleep disturbances (sleep all the time; no sleeping)
- Substance abuse
- Increased absenteeism
- Lower productivity/grades
- Lower self esteem
- Shame/Guilt
Laws
Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in the workplace because of race, color, sex, religion, and national origin. Other federal laws prohibit discrimination because of age or disability. Harassment, including sexual harassment is a form of discrimination covered under these laws.
The Equal Employment Opportunity Commission (EEOC) has issued guidelines on sexual harassment in employment which provide the legal definition of harassing behavior and which set forth the standards followed by enforcement agencies and the courts in handling charges of sexual harassment. The definition’s framework can also be applied to harassment for other reasons EEOC.
The Iowa Civil Rights Act of 1965, Iowa Code Chapter 216, also prohibits employment discrimination because of race, sex, religion, creed, national origin, age, color, or disability. Harassment, including sexual harassment is considered to be a form of prohibited discrimination. The state goes beyond Title VII by also prohibiting discrimination in the areas of housing, public accommodations, credit and education Iowa Civil Rights Commission.
In addition to these laws, many cities have human rights/civil rights ordinances that prohibit discrimination in the workplace. Likewise, schools under Title IX of the Education Amendments of 1972, provides for non-discrimination in provision of resources and treatment based on gender in educational settings.
Case law significant to sexual harassment definitions and remedies
- Williams v. Saxbe, (413 F.Supp. 654) (1976)
- Meritor Savings Bank v. Vinson (477 U.S. 57) (1986)
- Harris v. Forklift Systems, Inc.( 114 S. Ct. 367) (1993)
- Burlington Industries, Inc. v. Kimberly Ellerth (524 U.S. 742) (1998)
- Beth Ann Faragher v. City of Boca Raton (524 U.S. 775) (1998)
- Davis v. Monroe County Board of Education, (526 U.S. 629) (1999)
- Jackson v. Birmingham Bd. of Education, (125 S. Ct. 1497) (2005)
Reporting Sexual Harassment in the Workplace
When unwelcomed sexual behaviors become a condition of the work environment it can affect a person’s job performance and feeling of safety. Harassment in the work place and can be perpetrated by a supervisor, a co-worker or a non-employee. Reporting sexual harassment in the work place is categorized in 2 different ways. They are:
Quid Pro Quo– When a harasser makes sexual favors a condition of the victim’s employment (hiring, firing, promotions etc.)
Hostile environment - When unwelcome, severe and persistent sexual conduct on the part of a perpetrator creates an uncomfortable and hostile environment (e.g., jokes, lewd postures, leering, inappropriate touching, rape, etc.).
Actions to Take When Reporting Sexual Harassment in the Workplace
1) Know your company’s policies against sexual harassment and the procedures for reporting. This is important because according to the Iowa Civil Rights Commission, “Recent U.S. Supreme Court decisions have stressed the need for complainants to report the harassment to management, take advantage of the provisions of the employer’s policy prohibiting harassment, and otherwise try to stop the harassment”. Meaning the standard is to have exhausted internal options for reporting, before turning to outside agencies.
2) Tell person harassing you that their behavior is unwelcomed. May be communicated in person or in writing.
3) Be specific in what you want harasser to do (behavior you want to stop).
4) If behavior continues, report it to supervisor or appropriate person as determined by policy. If harasser is person who takes reports, you may want to go outside agency (see reporting options)
5) Keep written log or diary of offensive behaviors. Include times, dates, description of behavior(s), and list names of others who were present. Also document your behavior and reactions. This information will be very helpful to investigators.
6) Check to see if three are others who have been sexually harassed (in the same manner or by same person) or who can offer confirming testimony.
7) Keep copies of employment history, including attendance documentation and performance evaluations. Make sure materials are dated.
8) If your attempts through company policy are unsuccessful or if harassment continues, consider filing a report with city Human Rights Commission, the Iowa Civil Rights Commission (ICRC) or the Equal Employment Opportunity Commission (EEOC). If filing with the ICRC it must be reported within 180 days of the most recent incident of sexual harassment.
9) Sexual harassment can cause emotional stress and reactions. It is important to seek emotional support, advocacy and counseling.
PLEASE NOTE: Retaliation by an employer for a person having filed a complaint, or participated as a witness, is against the law and should be documented and reported to the ICRC.
Sexual Harassment at the University of Iowa
The University of Iowa has adopted the stance that sexual harassment is “…reprehensible and will not be tolerated at the University” University Sexual Harassment Policy. This policy establishes the definitions and procedures surrounding sexual harassment occurrences and the procedures for reporting.
The University defines sexual harassment as:
- Submission to behaviors is made a term or condition of employment, education, on campus living or participation in a University activity
- Submission or rejection of behaviors is used or threatened to be used for decisions affecting employment, education, on campus living or participation in a University activity
- Behaviors interfere with work of educational performance or create an intimidating or hostile environment for employment, education, on campus living or participation in a University activity
Behaviors which may be considered evidence of sexual harassment
- Physical assault
- Direct or implied threats that submission will be made a condition of employment, education, on campus living or participation in a University activity
- Propositions of a sexual nature
- Subtle pressure for sexual activity, including continual staring
- Sexually explicit statements, questions, jokes or anecdotes, whether made orally, in writing or through electronic media
- Pattern of conduct involving:
- Unnecessary touching
- Remarks of a sexual nature about clothing, appearance sexual activity or previous sexual experience
- Displays of graphic sexual material (not related to course work or job requirements). Must be in a situation where others cannot avoid the display because of employment or educational requirements
For more examples visit the University’s Sexual Harassment Website
Bringing a Complaint
- Complaints may be made through formal or informal channels by any member of the University community including through a third party or the University itself. A complaint must have specific and credible allegations to warrant an investigation. There is no time limit for bringing a complaint.
- Substantial weight will be given to the wishes of the victim in deciding whether to investigate a complaint. In certain circumstances the University may investigate without the consent of the victim (multiple complaints against the same person, the behavior is particularly severe).
- Anyone who wishes to confidentially consult about enforcement, filing a complaint or to discuss the situation may contact the following office or organizations
- Rape Victim Advocacy Program (faculty, staff and students)
- Women’s Resource and Action Center (faculty, staff and students)
- Office of the Ombudsperson (faculty, staff and students)
- Faculty and Staff Services (faculty and staff
- University Counseling Service (students)
Representatives from these organizations may accompany victims during the investigation, if the victim chooses. These offices are exempted from mandatory reporting required of other University entities.
Any academic or administrative officer of the University who becomes aware of specific and credible allegations of sexual harassment through any means shall report the allegations to the Office of Equal Opportunity and Diversity (unless situation occurs in the residence halls then report should be made to the Office of the Vice President for Student Services) for assistance in evaluating the situation and determining an appropriate course of action, even if the victim has requested no action be taken.
Informal Complaint Process
- May be brought informally to any academic or administrative officer of the University
- Officer will inform victim of options available to them as well as give information about resources available through RVAP. At the complainant’s request will:
- Help complainant with informal resolution
- Make a referral to the Office of Equal Opportunity and Diversity so that the complainant may pursue informal resolution through that office or to make a formal complaint.
- In an informal complaint the person charged does not usually get informed of the complaint if the victim does not wish them to be. This is true unless there are circumstances that require them to be informed (multiple complaints against the same person, the behavior is particularly severe).
- No disciplinary action can be taken against a person charged in an informal complaint. Neither will there be any written documentation in the person’s record if they have not been informed of the charges.
Formal Complaint Process
- Complaint is made to the OEOD which will conduct the investigation
- Accused will be notified of the investigation and be interviewed along with witnesses, the victim and the reporting party (if other than the victim)
- At the conclusion of the investigation OEOD will issue a written finding stating whether there was a violation of the policy (usually within 45 days).
- If founded OEOD will refer the matter to the appropriate administrator for further consideration and possible disciplinary action
IMPORTANT NOTE: At anytime a person may also choose to report the harassment to law enforcement for a criminal report to be made.
Resources
Iowa Civil Rights Commission Sexual Harassment in Education Fact Sheet
