Read the Course Overview.
1. Elements of Unlawful Harassment
2. Protected Classes Under Federal Law
3. Federal Anti-harassment Laws
4. Recognizing Unlawful Harassment
5. Knowledge Check: What is Unlawful Harassment?
6. Quid Pro Quo Sexual Harassment
7. Hostile Environment Sexual Harassment
8. Harassment Outside of Work or After Hours
10. Knowledge Check: Recognizing Harassment
11. Responding to Harassment if You Experience It
13. Why People Are Reluctant to Report Harassment
15. Knowledge Check: Dealing with Harassment
16. Remedies for Targets of Harassment
JANET: [The following text displays: Do you know… how workplace harassment feels? The text fades away and is replaced by different people facing the camera one at a time.] Being the target of workplace harassment made me feel uncomfortable. It made me feel scared.
RON: It made me feel devalued.
RULA: Angry.
RON: Disrespected.
EMILY: Powerless.
LEI: Powerless.
RULA: Helpless.
SARAFINA: Workplace harassment made me feel ashamed.
FABRICIO: Devalued.
LEI: Not in control.
RON: Discriminated against.
RULA: Frustrated.
RON: And just bad.
REBEKKA: Being the target of workplace harassment made me feel like I did not matter.
SARAFINA: Like I was less than.
FABRICIO: Less of a person, less of an employee.
JANET: Lonely.
FABRICIO: That my feelings were not taken into account.
LEI: Felt like I was in danger.
JANET: It made me feel… it just made me… it hurt my heart, honestly, because I think that you should just be nice to people. You should always be kind and it can be discouraging when people take that kindness for granted. [Janet wipes away tears.]
RON: So the question is. When is your suffering going to end?
REBEKKA: I hear a lot of people tell me, if I speak up, it's not going to change anything, right? That's where they're so wrong.
EMILY: You have to think, okay, what can make this right?
RON: Treat people the way that you'd want to feel.
JANET: At the end of the day, it's my workplace, so I just want to be accepted. I just want to feel loved when I come in. And I just want to feel comfortable.
REBEKKA: If you're experiencing workplace harassment, please speak up for yourself, because it's going to change the culture of that workplace.
After completing this topic, you should be able to
Workplace harassment has received a lot of attention over the past several years, and encouragingly, progress has been made in combating it. Research shows that many people are more likely than ever before to report harassment at work when it happens. But even though many organizations and individuals have worked hard to try to stamp it out, workplace harassment still takes place. And, it can have devastating effects on individuals, organizations, and campuses.
Harassment may be perpetrated by a supervisor, a coworker, or someone outside the educational institution altogether, such as a partnering organization or a vendor. And it doesn’t only affect the person who is directly harassed. Anyone can be affected by this kind of offensive conduct, since it can create a hostile environment in the workplace. However, not all rude or tasteless behavior rises to the level of harassment.
To help you figure out whether illegal workplace harassment is taking place, you can think about whether a person’s conduct includes elements that have been defined as illegal harassment by the Equal Employment Opportunity Commission, or EEOC, the Office for Civil Rights, or OCR, by state and local agencies, and by various court decisions.
Under Title VII, workplace harassment is a form of discrimination that involves conduct that is unwelcome, and that is based on an individual’s status as a member of a protected class, such as sex, race, color, religion, national origin, age, disability, genetic information, gender identity, gender expression, and sexual orientation for example. It also involves conduct that interferes with the individual’s ability to perform their job. If the conduct is severe or pervasive enough that a reasonable person would consider it intimidating, hostile, or abusive, that’s likely to constitute illegal workplace harassment. It’s also illegal if putting up with the offensive behavior is a condition of continued employment or other material benefit.
Unless they’re particularly serious, isolated incidents are unlikely to be considered harassment under federal law – usually, a pattern of conduct needs to be present before harassment is determined to have happened. And minor disputes, snubs, or annoyances are not generally considered harassment. But offensive behavior that affects the conditions of someone’s employment or interferes with their job performance, may rise to the level of unlawful harassment if it creates a hostile work environment.
After completing this topic, you should be able to
Harassment can happen to anyone, whatever their gender, race, religion, nationality, or background. The law takes that into account. Each one of us is a member of multiple protected classes, and specific laws have been enacted to protect us from harassment based on these characteristics.
Under various federal laws, these protected classes are race; color; ethnicity; national origin or ancestry; citizenship; religion; disability; sex – including sexual orientation, gender identity, and transgender status; pregnancy; age – if forty or over; veteran status; uniformed services status; and genetic information.
Federal law prohibits harassment of, or discrimination against, employees based on any of these characteristics. These laws also protect against retaliation in connection with discrimination or harassment. The Equal Employment Opportunity Commission, or EEOC, is the agency responsible for enforcing federal anti-discrimination and harassment law in the workplace, and the Office for Civil Rights (or OCR) is the agency responsible for ensuring educational institutions are complying with their anti-harassment obligations under Title IX.
After completing this topic, you should be able to
The fight against workplace harassment is not new. For generations, we’ve been trying to combat this kind of behavior through enacting laws that make it illegal to discriminate against people or harass them at work. You may already be familiar with some of the laws that protect us all in the workplace.
For example, one of the most important pieces of legislation of the last century was the Civil Rights Act of 1964. Title VII of that law prohibits employers from discriminating against employees because of their race, color, religion, sex (including sexual orientation, gender identity, and transgender status), or national origin. Discrimination or harassment based on any of these protected classes was made illegal under this law.
In 1967, the Age Discrimination in Employment Act, or ADEA, was signed into law to prevent discrimination against people aged 40 and over, and to provide them with equal employment opportunities. This law makes it illegal to discriminate against older employees or job applicants.
In 1972, Title IX of the Civil Rights Act was enacted, and it requires all educational institutions that receive federal funding to take steps to prevent sexual harassment, sexual assault, sexual misconduct, and gender-based harassment. It protects campus staff and students from discrimination based on sex.
In 1978, the Pregnancy Discrimination Act was signed into law, amending Title VII of the Civil Rights Act. This extended the Act’s protections against discrimination and harassment by making it illegal to discriminate against people because of pregnancy, childbirth, or related medical conditions.
In 1990, the Americans with Disabilities Act, or ADA, was signed. This law protects people with disabilities from discrimination and harassment. Under the law, a person cannot be treated adversely on the basis of their disability, and all qualified applicants for a job must be given an equal chance for consideration.
Moreover, organizations are required to accommodate the needs of employees with disabilities reasonably, in order to create a work experience that is comparable to that of their coworkers. This includes protecting them from harassment based on their disability. In 2008, the ADA was significantly updated through the ADA Amendments Act, which made it easier for people to establish that they have a disability within the meaning of the ADA.
Also in 2008, the Genetic Information Nondiscrimination Act, or GINA, was enacted. This law protects individuals from discrimination in employment or health insurance based on their genetic information, which might include, for example, family medical history. The Act generally prevents employers from collecting a person’s genetic information and prohibits employers from using such information in making hiring, firing, or promotion decisions.
GINA also protects individuals from harassment on the basis of their genetic information.
After completing this topic, you should be able to
Determining when and whether workplace conduct should be considered unlawful harassment can be difficult. The EEOC uses a framework that can help determine what is considered harassment under federal law.
First of all, illegal harassment involves unwelcome behavior. The law doesn’t prohibit jokes or kidding around at work – but everyone involved, including people who can overhear the conversation, must be comfortable with it. For the behavior to be considered unwelcome, employees don’t have to come out and say in the moment that it makes them uncomfortable; if the questionable behavior wasn’t solicited, then according to the EEOC, it could be considered unwelcome.
Next, unlawful harassment involves behavior related to a protected class or status. Under federal law, these protected classes and statuses are race; color; national origin or ancestry; citizenship; religion; disability; sex – including sexual orientation, gender identity, and transgender status; pregnancy; age – if forty or over; veteran status; membership in the uniformed services; and genetic information. Unwelcome behavior or comments that relate to any of these may be considered harassment.
Finally, behaviors that can be considered unlawful harassment involve severe or pervasive behavior. A single, severe incident of unwelcome conduct, such as a physical assault, could qualify as unlawful harassment. In other cases, unlawful harassment involves less obvious, but repeated, incidents of unwelcome behavior. This kind of pervasive behavior can continue over time until it creates an intimidating, offensive, or hostile work environment for the victim. When multiple instances of unwelcome behavior affect the conditions of someone’s employment, the behavior may become illegal harassment.
[An empty University campus view is displayed. A student is seen running towards the building. He is clearly late for class.] [The student enters inside the university building and starts searching for his class hastily. He enters a classroom from where a faint lecture sound is audible.] GABRIELLE: Let’s make sure we’re really paying attention today. Ok.
GABRIELLE: Go ahead and take a seat. It’s better late than not at all.
RYAN: Thanks
GABRIELLE: Alright guys, so people who do not study data science they are afraid of it. They think it’s an overwhelming torrent of facts that they can’t understand. That’s where we come in because we can control and use it. [Some empty shots of university are displayed as the faint sound of lecture continues in the background.] And that is power, data is power, it is the future. Ok, that’s enough of me rambling on a Friday night no less, everybody. I will have all the results from tonight’s lab on Sunday afternoon, so check the class chat. Alright. [Students quickly start leaving the classroom as the lecture ends. But Claudine worriedly moves slowly and stops to talk to her professor, Gabrielle.]
GABRIELLE: Is everything ok Claudine?
CLAUDINE: Yeah, yeah… well, no, Professor. Gregg just sent this to the group chat at the end of the Lab and he sent it to everyone
GABRIELLE: Is everything ok Claudine?
CLAUDINE: I don’t think it’s right, but I really don’t know what the right thing to do here is….
GABRIELLE: Ok, just slow down, ok… take a breath… One thing at a time.
CLAUDINE: Let me just show you.
CLAUDINE: This isn’t the first time he’s done this, he’s sent a few of these in on a group chat I have with him, but this, [Claudine takes out her phone and opens her chat app as she continues to talk. She doesn’t make any eye contact with Gabrielle and hands over the phone to her. Gabrielle frowns as she sees a censored picture of a nude woman on the phone. She is shocked as she finds out that her face is roughly photoshopped onto the picture.] anyone can see it, you can see it.
CLAUDINE: He’s been creating pornographic pictures of you and sending them to the whole group chat. [Gabrielle is speechless and her eyes are teary. She ends the conversation with Claudine with a strained smile.]
GABRIELLE: Ok, um, thanks for sharing these Claudine. These are, um…
CLAUDINE: I’m sorry professor. Honestly, you’re my favorite teacher; I love learning from you.
That’s why I hate this sort of thing happening, but I just, I didn’t know how to handle it.
GABRIELLE: You did the right thing Claudine. Thanks for bringing it to me. I’ll see you on Monday
CLAUDINE: Thank you. [Gabrielle drops her bag as she reaches her home and directly heads to the kitchen. She is extremely upset and screams all alone in the kitchen.]
[Gabrielle is distressed and is seen standing near a window in the University. Suddenly, there is a knock at the door that startles her.] PATRICIA: Hey, class is started, is everything alright?
GABRIELLE: Yeah, I’m fine, I’ll be right there. [Gabrielle appears lost as she passes through the hallway, she doesn’t make eye contact with anyone.]
PASSERBY: Hi professor. [Gabrielle reaches the classroom, but she appears lost in her thoughts again as the group chat comments and emojis pop up around her head looking at the students.]
[Gabrielle is sitting in the Manager’s office to report the misconduct. The Manager tells her that she took the right decision and assures her that a strict action will be taken against the same.] GABRIELLE: Since it happened, I feel like I can’t be myself anymore. Such a stupid thing isn’t it. I didn’t even want to bring it up, but earlier in class today, it was distracting me, because earlier…
JEFF: Gabrielle, Gabrielle, I am so sorry this happened. But it doesn’t have to continue. We have systems in place to deal with this sort of thing when it does. I can tell you’re hurting.
GABRIELLE: Yeah, that’s why I had to bring it up to you, I just don’t know what to do Jeff, I can’t get it out of my head.
JEFF: I just need you to run me through a few basic details: what, when, where, and how, and we can start the whole process.
I don’t want you to worry about this anymore. We'll get an EEO officer involved, right away. You did the right thing by reporting this, Gabby. We’ve got you. [Gabrielle feels relieved and smiles.]
The EEOC says that the severity of the behavior, or the effect that the pervasive conduct has on the individual subjected to it, should be evaluated based on, first, the effect on that specific individual and, second, according to the objective viewpoint of a “reasonable person.”
That is, if the behavior would not substantially affect the work environment of a reasonable person, it would likely not be considered unlawful harassment. A single joke or offhand comment may not itself be unlawful harassment, but if the jokes and comments happen repeatedly, eventually they could create an environment in which the target of the comments can no longer do their job.
After completing this topic, you should be able to
Serge and Tammy are colleagues. Click here to find out about a situation that caused friction between them. Is Serge's behavior likely to be considered workplace harassment under the Title IX definition?
Serge is out of line
While waiting for a meeting, Serge showed a sexually suggestive meme to his colleagues, including Tammy, who found it offensive. She immediately confronted Serge about the picture, at which point he apologized and agreed to not share things like that again.
Select the option that best explains why or why not.
Options:
This option is correct. An isolated, minor incident is not generally considered legal harassment under Title IX's definition. To be considered harassment, the behavior would have to be severe, pervasive, and objectively offensive and affect Tammy's ability to do her job.
This option is incorrect. The picture was offensive and thus not appropriate for work, but it was not part of a pattern of offensive behavior.
This option is incorrect. Even though Serge's behavior happened outside of a formal meeting, it still occurred in the workplace and was inappropriate.
This option is incorrect. Harassment can affect more people than its target, but the fact that the offensive behavior happened in front of other people is not sufficient for it to be considered unlawful. In this case, the picture was offensive and thus not appropriate for work, but it was not part of a pattern of offensive behavior.
Correct answer(s):
Federal laws protect us all from harassment in the workplace.
Select the federal laws that prohibit workplace harassment for educational institutions.
Options:
This is a correct option. Title VII prohibits employers from discriminating against employees because of their race, color, religion, sex (including sexual orientation, gender identity, and transgender status), or national origin.
This option is correct. The ADEA was signed into law in 1967 to prevent discrimination against people aged 40 and over and to provide them with equal employment opportunities.
This option is correct. The 1978 Pregnancy Discrimination Act makes it illegal to discriminate against people because of pregnancy, childbirth, or related medical conditions.
This is a correct option. Signed in 1990, the ADA makes it illegal to treat people adversely because they have a disability.
This is a correct option. GINA was enacted in 2008 to protect individuals from discrimination in employment or health insurance based on their genetic information, including family medical history.
This is an incorrect option. The FDCPA protect consumers by prohibiting deceptive, unfair, and abusive debt collection practices. It does not deal with workplace harassment.
This is an incorrect option. The FOIA gives citizens the right to request records from federal agencies.
This is a correct option. Title IX of the Civil Rights Act was enacted, and it requires all educational institutions that receive federal funding to take steps to prevent sexual harassment, sexual assault, and sexual misconduct, and gender-based harassment. It protects campus staff and students from discrimination based on sex.
Correct answer(s):
Federal law prohibits workplace harassment based on certain protected classes and statuses.
Select the people who have characteristics of one or more protected classes under federal law.
Options:
This is a correct option. People with physical disabilities and veterans are protected under federal law.
This is a correct option. Title VII prohibits employers from discriminating against employees because of their national origin or sexual orientation.
This is a correct option. Title VII prohibits discrimination on the basis of race or color, and GINA prohibits discrimination on the basis of genetic information, including family medical history.
This is a correct option. Discrimination against pregnant people is prohibited by the Pregnancy Discrimination Act. Title VII forbids discrimination based on religion.
This is an incorrect option. Having tattoos is not considered a characteristic of a protected class unless they are connected in some way to religious practice.
This is an incorrect option. The Age Discrimination in Employment Act protects people who are 40 and over.
This is an incorrect option. Having difficulty performing your job or not being skilled is not characteristic of a protected class, unless it’s related to a physical or mental disability.
Correct answer(s):
Discrimination based on a protected class is prohibited by law. Click here to refresh your memory about Jenny’s situation.
Jenny's problem
Jenny is a senior researcher, and most of her team is male. She’s leading an important project, which involves working closely with administrators of the local hospital. Jenny makes a joke about how she’ll need to buy some new outfits, since they’ll probably expect her to look much smarter than her male colleagues. Her team takes it up, and they all begin joking about Jenny’s attire. At first, she takes it in fun, but when it goes on day after day, the comments on her personal appearance begin to become upsetting. Her colleagues keep making gendered personal comments about her hair, makeup, and clothes. She asks them to stop, but they don’t. Even though she generally wears the same kind of work clothes as the rest of her team, she begins to lose confidence, and she invests in some more expensive outfits. But it doesn’t stop the comments; in fact, it only makes them worse. Eventually, she takes it up with her supervisor, Sam. He says he hasn’t noticed, tells her to stop taking things so personally, and informs her that he’s decided to reassign her and give the lead on the hospital project to someone who “doesn’t have these kinds of issues and can represent the institution properly” – and who just so happens to be a man.
Select the statement that best describes Sam’s actions in the situation.
Options:
This is a correct option. Jenny is facing an undesirable reassignment to another project, which an investigation could find is due to her gender.
This option is incorrect. The possible perceptions of the clients are not a justification for treating a member of the team differently from others.
This is an incorrect option. Reassigning her after she complained about her colleagues’ behavior could be seen as discriminatory or retaliatory. Sam should have addressed the problematic conduct by the other members of the team.
This is an incorrect option. Jenny is being held to a different standard than her male colleagues in terms of personal appearance, so the situation may be one of gender-based discrimination.
Correct answer(s):
It’s against the law to harass people based on their status as a member of a protected class. Click here to refresh your memory about Jenny’s situation.
Jenny's problem
Jenny is a senior researcher, and most of her team is male. She’s leading an important project, which involves working closely with administrators of the local hospital. Jenny makes a joke about how she’ll need to buy some new outfits, since they’ll probably expect her to look much smarter than her male colleagues. Her team takes it up, and they all begin joking about Jenny’s attire. At first, she takes it in fun, but when it goes on day after day, the comments on her personal appearance begin to become upsetting. Her colleagues keep making gendered personal comments about her hair, makeup, and clothes. She asks them to stop, but they don’t. Even though she generally wears the same kind of work clothes as the rest of her team, she begins to lose confidence, and she invests in some more expensive outfits. But it doesn’t stop the comments; in fact, it only makes them worse. Eventually, she takes it up with her supervisor, Sam. He says he hasn’t noticed, tells her to stop taking things so personally, and informs her that he’s decided to reassign her and give the lead on the hospital project to someone who “doesn’t have these kinds of issues and can represent the institution properly” – and who just so happens to be a man.
Select the statement that best describes Jenny’s situation.
Options:
This is a correct option. Jenny’s coworkers are behaving in a way that is unwelcome, based on a protected class, and interfering with her ability to function in the workplace.
This option is incorrect. Making a joke is one thing, but after Jenny made it clear that the conduct was no longer welcome and she wanted the comments to stop, her colleagues should have stopped.
This option is incorrect. Title VII says that the effect that the pervasive conduct has on the individual subjected to it should be evaluated based on, first, the effect on that specific individual and, second, according to the objective viewpoint of a “reasonable person.” A reasonable person would likely find Jenny’s situation upsetting.
This is an incorrect option. Personal appearance is not a protected class under federal law, but other protected classes may apply here.
Correct answer(s):
Steve's behavior toward his direct report, Irina, is creating a hostile work environment for her. Click here to refresh your memory about Irina's situation.
Irina's problem
Irina works in the Engineering Department and most of her colleagues are men, including her manager, Steve. Although Irina speaks fluent English, Steve often makes jokes about her accent, since she was born abroad. Even though she's lived in the country since she was a young child, Steve pretends not to be able to understand her and keeps referring to her as the "mail-order bride," usually with some sort of physical touch, like a pat on the arm. Every time she objects, he says that if she didn't, she'd go on a date with him. Every day she rejects him, and every day he says it again. It makes her dread going into the office. She's afraid that he'll retaliate if she reports him, but eventually, she decides to go to HR and file a complaint about his behavior.
Select the ways in which Steve's behavior is creating a hostile environment.
Options:
This is a correct option. Steve is making sexual advances toward Irina, as well as derogatory comments based on gender.
This is a correct option. Irina is finding the situation so distressing that she doesn't want to go to the office any more.
This option is correct. Irina has repeatedly rejected Steve's advances and objected to his comments. Even if she hadn't Irina has done nothing to solicit or invite Steve's advances, which is part of the standard that Title VII sets for determining whether conduct is "welcome."
This is an incorrect option. It's true that, ideally, Irina would be able to report any harassment to her direct supervisor, but since her direct supervisor is the one harassing her, she can't. However, she could file her complaint with the Title IX Coordinator or to HR. She could also report Steve's conduct to a different supervisor within the institution.
This is an incorrect option. While it's true that Steve is misusing work time, that doesn't factor directly into whether his behavior is harassment.
Correct answer(s):
It's important to be able to recognize workplace harassment when it happens. Click here to refresh your memory about Irina's situation.
Irina's situation
Irina works in the Engineering Department and most of her colleagues are men, including her manager, Steve. Although Irina speaks fluent English, Steve often makes jokes about her accent, since she was born abroad. Even though she's lived in the country since she was a young child, Steve pretends not to be able to understand her and keeps referring to her as the "mail-order bride," usually with some sort of physical touch, like a pat on the arm. Every time she objects, he says that if she didn't, she'd go on a date with him. Every day she rejects him, and every day he says it again. It makes her dread going into the office. She's afraid that he'll retaliate if she reports him, but eventually, she decides to go to HR and file a complaint about his behavior.
Select the statement that best describes Irina's situation.
Options:
This is the correct option. Steve's actions in this scenario may create a hostile work environment for Irina based on sex and national origin.
This is an incorrect option. Steve's behavior is ongoing and is both sexual in nature and based on Irina's national origin, which is also a protected class, so the facts suggest that it is harassment
This option is incorrect. Under Title VII, national origin is a protected class as well as sex, and Steve's behavior appears to be based on both.
This is an incorrect option. Harassment can include verbal statements as well as physical contact. Steve's statements may constitute both sexual harassment and harassment based on national origin.
Correct answer(s):
After completing this topic, you should be able to
LINC: [Linc is speaking on the phone in an office lobby. The response on the other end of the call is not audible.] Really? That…that same kid? The one with the perpetual sneer? I am so sorry you have to deal with that. No. I get it. She's upset. You're upset. Let's just postpone for another night. Of course, I understand. Hey, uh…I'm sorry, I've got to get back to work. Yeah, some issue with the budget, I think. Look, honey, you got this. I love you. I'll talk to you later tonight. [Linc ends the call and knocks on the door as he enters Charlotte's office.] You had a question about the final budget numbers?
CHARLOTTE: [Charlotte is sitting at her desk.] Can you shut the door? Look, I'm sure I'm missing something here, but it looks like you're over by…$30,000.
LINC: [Linc sits down.] What? I don't understand.
CHARLOTTE: There's $27,000 missing.
LINC: Missing? I…I didn't…
CHARLOTTE: Slow down. Take it easy. We'll figure it out. Probably an entry missing, or a decimal point out of place. It happens to the best of us.
LINC: I really took my time with this.
CHARLOTTE: Look, I can take this apart for you, go through it, set you straight. I won't tell anyone.
LINC: Thank you, thank you, thank you.
CHARLOTTE: Yeah, maybe it's best if you bring your budget information to me moving forward. With our system, it can get really tricky. I can go through it. Or, better yet, we could go through it together.
LINC: I would love that. Charlotte, you are the best! But I'd feel really bad lumping all my work on you.
CHARLOTTE: Look, you can do something for me in return.
LINC: Of course. Name it.
CHARLOTTE: I'm never very good at this.
LINC: Come on, you're saving my skin here.
CHARLOTTE: There's something here, right? [Charlotte points to Linc and then to herself.]
LINC: Something here? [Linc looks confused.]
CHARLOTTE: Look, you know I think you're really cute, okay? I can't believe I just said that.
LINC: I didn't… [Linc clears his throat uncomfortably.] I have a girlfriend.
CHARLOTTE: Leave this to me, okay? Come by my house after work. I'll text you the address. We can totally make an arrangement that works for both of us. Your girlfriend doesn't need to know; neither does your manager.
LINC: Uhm... [Linc swallows nervously.]
CHARLOTTE: [Charlotte smiles flirtatiously.] Isn't this exciting?
When people think of workplace harassment, sexual harassment may be the type that most people think of first. But under the law, sexual harassment has some features that may be less familiar. For example, it’s important to note that sexual harassment doesn’t necessarily have anything to do with sexual desire or even a specific intent. Harassment based on a person’s gender identity, sexual orientation, or pregnancy and related conditions is also considered sexual harassment.
People of all genders can be either the target or perpetrator of sexual harassment, and it can happen between people of the opposite sex or of the same sex, regardless of the target or perpetrator’s sexual orientation.
Sexual harassment comes in two forms. The first is quid pro quo harassment. Quid pro quo is Latin, and it means “this for that.” Quid pro quo harassment happens when a person in a position of authority requests sexual favors or any romantic involvement (such as a date) in exchange for job-related rewards, such as a promotion or a raise.
Quid pro quo harassment may also be involved if the person threatens job-related consequences for refusing to meet the request – consequences like being fired, demoted, or transferred to a less desirable work assignment. Using pressure, threats, or physical actions to insist on a sexual relationship, or taking action in retaliation for refusing to engage in a sexual relationship, may also be quid pro quo harassment.
In all these examples, what makes them quid pro quo harassment is that the target will experience a tangible employment action – that is, either suffer a significant negative result or be denied a significant positive benefit – from refusing to go along with the requests of the person in authority.
After completing this topic, you should be able to
The second form of sexual harassment is hostile work environment harassment. This refers to unwelcome conduct based on a person’s sex or gender (including transgender status and sexual orientation) that unreasonably interferes with the person’s ability to do their job.
Examples of behavior that can lead to a hostile environment include unwanted sexual or romantic advances; sexual comments or jokes; sexual gestures; sexually suggestive objects, pictures, cartoons, or posters; derogatory names; and unwanted touching. These behaviors don’t have to happen face-to-face; this kind of harassment can be carried out, for example, over email, virtual classes or events, on social media, or by text message.
For hostile environment sexual harassment to occur, sexual desire is not a necessary component. And hostile environment harassment can happen to employees who are not the intended subject of the behavior. For example, employees don’t have to themselves be the specific target of sexually explicit jokes and comments for their work environments to be negatively impacted by witnessing the repeated offensive behavior.
[A fist tightens around a faucet. The scene holds for a moment before the hand turns the faucet on.] [Adelaide splashes water on her face and looks up into the mirror with determination.] JACOB: Please don’t forget that your papers on nature versus nurture are due next week. And I’d like to remind all of you, it is not in my nature to nurture you by offering extensions.
[Adelaide enters the classroom as students leave after the lecture. She smiles and greets Jacob.] ADELAIDE: Good afternoon, Jacob. How was the lecture?
JACOB: Hey, Adelaide! It was good! It’s nothing like unpacking and analyzing brain development to get your blood pumping. How about you?
ADELAIDE: Well, I have the Intro to Psych students, so you know how that goes.
JACOB: A bunch of blank stares?
ADELAIDE: And a few polite nods.
JACOB: You got a polite nod? It took me well into my second year of teaching to get a polite nod, so you’re ahead of the game!
[Adelaide is stunned for a moment as Jacob passes a playful remark at her.] And you look stunning, by the way.
[A frown expression appears on Adelaide’s face before she quickly changes the conversation.] ADELAIDE: Oh, ah! So, in terms of our article, I found a lot of great sources today that support our theories on the positive and negative effects of false-memories on behavior in adolescents.
JACOB: You’re a rockstar! [Adelaide tries to divert into a friendly zone with Jacob as she offers a high-five to him.] We make a good team.
JACOB: Oh, ok.
ADELAIDE: Yea, we do. I, I always appreciate your professionalism. [Adelaide pulls out a few articles from her bag and she amicably ends the conversation.]
JACOB: Sure, sure
JACOB: Ok so, check these out.
JACOB: Ok.
[Jacob enters the computer lab while Adelaide is analysing the data set.] ADELAIDE: Hey. You’re early.
JACOB: Hey, what are you working on? [Jacob looks over Adelaide’s shoulder at the computer screen.]
ADELAIDE: It’s my data work up on the development of positive behavior patterns after a subject was given a happy false-memory.
JACOB: Interesting, but how do we know that the subjects posited the memory as their own?
ADELAIDE: Because they are weeks removed from when they are given the memory and when they are asked to recollect it.
JACOB: Well, that’s still not enough proof that they are internalizing it enough to affect the behavior, it could be circumstantial.
ADELAIDE: True, but when the subjects recollected the false-memory, they notably put their own spin on it.
And then, the behavioral change directly relates to the memory in question. See?
[Jacob gets too close to Adelaide as she points toward the computer screen and then puts his hand on her back. Adelaide feels awkward, she quickly picks up her documents and bag and leaves the computer lab.] JACOB: I stand corrected.
JACOB: Ok, well I guess I'll work on the data for the negative memories then.
[Adelaide and Jacob are discussing their study’s findings in the conference room.] ADELAIDE: I am so excited. Should we run it again? Ah, you’re still okay with doing the opening remarks?
JACOB: I’ve got you covered, we’ve been through it like ten times.
ADELAIDE: I know! I just can’t believe we’re presenting our study next week.
ADELAIDE: It feels like we just started on the research yesterday.
JACOB: Yea, but it’s been months. And if everything goes well, it’d be just the beginning of our studies. Hey, are you all set with the data and findings portion?
ADELAIDE: Never been more ready. [As Adelaide checks for any missing documents kept on the table, Jacob takes a few steps and stands behind her. He leans close to her and starts massaging her shoulders. Adelaide is taken aback and feels uncomfortable.]
JACOB: Alright.
JACOB: You’re a little tight. Don’t worry girl, we got this.
ADELAIDE: What are you doing?
JACOB: I have really enjoyed spending time with you lately. We really make a good team.
ADELAIDE: Jacob, I feel like I’ve been clear about our working relationship.
JACOB: Come on, Addie, I can’t stop thinking about you. These past few months have been incredible, don’t you agree? [Adelaide is extremely annoyed; she pushes Jacob’s hand away from her face and uses her whole body to shove him away. She rushes out of the room.]
ADELAIDE: This is not only unprofessional, but it is incredibly inappropriate. [The opening scene plays from the bathroom where Adelaide looks into the mirror with determination. She takes a deep breath and exits the bathroom. She walks down the hallway and knocks at the Dean’s office. The audio ‘’Come in’’ is heard.]
DEAN’S OFFICE: Come in.
After completing this topic, you should be able to
When you’re at off-site training or at an off-campus event, you might not feel like you’re at work, but you’re still protected by – and bound by – employment law. Even if it’s after hours, on the weekend, or away from the office, if an activity is connected to your job and work responsibilities, the law still considers it the workplace. And it’s an employer’s responsibility to protect employees from harassment that may not physically occur in the workplace, but still may affect the job and work responsibilities.
That protection also extends to virtual platforms where you conduct work or work-related activities. That means that, even when they’re not in the office or on campus, employees are still protected from harassment from those both inside and outside the educational institution. When they’re not in the office or in a class, people may be inclined to relax their standards of conduct, especially where alcohol is involved.
And supervisors may not be as familiar with the behavior of partnering organizations or vendors or even students as they are with members of their department. But the educational institution is still responsible for keeping people safe from harassment, so supervisors need to find ways to handle any situation that arises. If a supervisor knows, for example, that a particular associate is inclined to tell off-color jokes when they’ve been drinking, they should consult with the EEO Office, the Title IX department, or the appropriate team to strategize ways to handle future interactions with that associate. Usually, it’s possible to find a creative approach for dealing with such situations that keeps employees safe while still being able to do their job.
The same goes for vendors, delivery people, or other visitors who come into your workplace. If the vending machine service tech makes inappropriate remarks to staff members, or a courier is always hitting on the security staff, the institution is responsible for protecting those employees from harassment, even if the harasser doesn’t work for your institution. So, it’s important that supervisors take all of these incidents seriously and find ways to be sure that everyone is protected from harassment, in or out of the workplace.
After completing this topic, you should be able to
Abusive conduct is malicious behavior by an employee or supervisors that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.
Examples of abusive conduct could include repeated verbal abuse or derogatory remarks; threatening, intimidating, or humiliating physical conduct; or actions that undermine or sabotage another person’s work. Abusive conduct usually involves a pattern of behavior. If the bullying behavior pertains to a protected class, the behavior may also qualify as discrimination or harassment.
It’s important to eliminate abusive conduct from the workplace because it can have extremely harmful effects on the targets of the abuse as well as other employees, including serious negative impacts on mental and physical health. Abusive conduct hurts the organization, as well, since it can lead to decreased morale, lower productivity, and high staff turnover. Bullying may also be illegal under applicable local or state law.
To discourage abusive conduct, supervisors should set the tone by ensuring they are civil, professional, and respectful at all times, modeling the behavior they want employees to follow. They should make sure that abusive conduct doesn’t take place among team members under their supervision. If any type of bullying is observed, supervisors should intervene immediately and notify the EEO Office, Title IX department, or the appropriate team.
After completing this topic, you should be able to
Alison and Mark are colleagues. Click here to find out about a situation that has developed between them at work.
Alison's situation
Alison is 25, and she has the office next to Mark's. Every day, he comments on her work attire when she arrives. He rates it on a scale of hotness and makes demeaning comments about her makeup, hair, and general appearance. She's asked him to stop, but he says it's all in fun and that he's just trying to help her to be a more appealing woman. It's affecting her ability to focus and her work performance.
Select the type of harassment, if any, that is taking place.
Options:
This is the correct option. Mark's behavior is unwelcome and based on Alison's sex. It is so pervasive that it's interfering with her ability to do her job. That makes it hostile environment sexual harassment.
This is an incorrect option. Mark is not Alison's supervisor and he's not offering any benefit in return for sexual favors or threatening to take away any employment benefit for refusal to engage in a sexual favor, so it's not quid pro quo harassment.
This option is incorrect. Mark's behavior is unwelcome, based on a protected class, and pervasive, so it is harassment under Title VII.
This is an incorrect option. From the details given, it does not seem that religion plays any part in Mark's comments or Alison's response.
Correct answer(s):
Harassment can happen away from educational institution property, or off campus, as well as in the workplace. Click here to refresh your memory about Arty's unpleasant experience.
Arty's problem
Arty attended his department's off-site monthly get-together. At one point in the evening, he found himself cornered by the head of a different department, Rhonda, who was clearly inebriated. Rhonda attempted to kiss Arty and suggested her department "might have an important position" for him "if tonight has a good outcome." Arty tried to laugh it off, but when Rhonda persisted, he told her he wasn't interested. Rhonda responded with vulgarity, insults, and graphic sexual comments. No one else saw the incident. Upset, Arty left the party and reported the incident to his supervisor, Nigel, the following Monday.
As it happens, Rhonda is Nigel's former mentor, with whom he is still friendly. Nigel confronted Rhonda privately. Rhonda said she was drunk and could hardly remember the encounter, said she was very embarrassed, and promised "it will never happen again." Nigel explained this to Arty and asked him to reconsider filing a report, saying, "That's not who she really is." Arty replied, "Actually, I went to HR this morning and reported it." Nigel replied tersely, "Don't forget we're reviewing your performance this afternoon. Good timing, huh?"
Select the option that best reflects the relevance of the setting to Arty's situation.
Options:
This is the correct option. Harassment protections extend to situations that may not occur in the workplace, but that are still related to the job and institution functions.
This is an incorrect option. Regardless of where and when it occurred, the encounter between Arty and Rhonda took place during a work-related event and is treated the same as any other incident of workplace harassment.
This option is incorrect. Reporting it to his supervisor was the correct thing to do unless, for example, his institution policy specifies another route such as reporting directly to the Title IX Coordinator, Office, or another designated team. Supervisors must act on behalf of their employers to ensure their workers are protected from harassment by not only coworkers, but also students, vendors, interns, volunteers, contractors, and visitors.
This is an incorrect option. Rhonda's conduct was inappropriate, and was clearly unwelcome. Sexual harassment is never acceptable whether in the workplace or outside of it.
Correct answer(s):
Arty experienced quid pro quo sexual harassment at an offsite get-together. Click here to refresh your memory about Arty's upsetting experience.
Rhonda has a big problem.
Arty attended the company's off-site monthly get-together. At one point in the evening, he found himself cornered by the manager of a different department, Rhonda, who was clearly inebriated. Rhonda attempted to kiss Arty and suggested her department "might have an important position" for him "if tonight has a good outcome." Arty tried to laugh it off, but when Rhonda persisted, he told her he wasn't interested. Rhonda responded with vulgarity, insults, and graphic sexual comments. No one else saw the incident. Upset, Arty left the party and reported the incident to his manager, Nigel, the following Monday.
As it happens, Rhonda is Nigel's former mentor, with whom he is still friendly. Nigel confronted Rhonda privately. Rhonda said she was drunk and could hardly remember the encounter, said she was very embarrassed, and promised "it will never happen again." Nigel explained this to Arty and asked him to reconsider filing a report, saying, "That's not who she really is." Arty replied, "Actually, I went to HR this morning and reported it." Nigel replied tersely, "Don't forget we're reviewing your performance this afternoon. Good timing, huh?"
Select the aspects that make this quid pro quo harassment.
Options:
This is a correct option. Quid pro quo harassment situations involve the promise of work-related benefits for a subordinate in exchange for sex or a sexual relationship with a superior.
This is a correct option. Quid pro quo harassment situations involve the promise of work-related benefits for a subordinate (Arty) in exchange for sex or a sexual relationship with a superior (Rhonda). Although Rhonda was not Arty's direct supervisor, she implied that she had authority to help him secure a desirable role in her department.
This is an incorrect option. Hostile work environment harassment, as opposed to quid pro quo harassment, happens when unwelcome conduct based on a person's sex or gender is sufficiently severe or pervasive so as to interfere ureasonably with the target's ability to do their job, but there is no evidence that that has happened here and it is not a necessary element of quid pro quo harassment.
This is an incorrect option. Nigel's comments could be seen as retaliation, but they have no bearing on whether the incident amounted to quid pro quo harassment.
Correct answer(s):
Bullying is harmful in the workplace, and managers need to avoid taking any action or permitting action by another employee that could be perceived as abusive conduct.
Select the examples that would be considered bullying.
Options:
This is a correct option. While a manager is certainly responsible for ensuring the adequate performance of the team, punishing low performance in a degrading way is unnecessarily harsh.
This option is correct. Richard is engaging in malicious conduct that a reasonable person would find hostile, offensive, and unrelated to any legitimate business purpose.
This is a correct option. Denise's attempts to undermine her colleague by attacking her reputation and character would be considered bullying.
This is an incorrect option. Taking action to help his team members develop is not abusive and is done with their own and the organization's best interests at heart.
This is an incorrect option. Sharon is following best practice in referring harassment complaints to HR; this is not bullying.
This is an incorrect option. Reassigning staff members to meet business needs is not bullying, although if Emilio were to reassign people for more personal reasons, that could be.
Correct answer(s):
After completing this topic, you should be able to
Harassment can happen to anybody. If it happens to you, ignoring it and hoping it will go away is not a good strategy. If you feel you are being harassed in any way, you could first try talking it out if you feel safe to do so. Tell the harasser that their conduct is not welcome and ask them to stop. If that doesn’t work, or if for any reason you’re not comfortable doing that, you should report it immediately to your direct supervisor.
If you feel uncomfortable speaking to your direct supervisor, report it to a different supervisor or someone in the EEO Office, Title IX department, or the appropriate team. Your educational institution may also have a reporting hotline or web-based service that you can use. You can check your institute’s anti-harassment policy for the details.
The behavior can’t be dealt with unless people know about it, so use whatever channel you feel most comfortable with, and report it.
After completing this topic, you should be able to
Whether at work or outside it, members of a community can reinforce the standards of conduct expected of other members by calling out those who violate norms. Taking action against violations of community standards sends two important messages: first, that the behavior is inappropriate and the violator should stop; and second, that the community stands behind the person being targeted by the behavior. That’s why it’s important to do something when you find yourself in a situation where you witness harassment taking place. By acting, you make sure that the harasser is “called out” for their inappropriate behavior, and that the target knows that they are not expected to tolerate the offensive conduct.
Bystanders can intervene in situations in a number of different ways. You could take a direct approach, where you say something brief and to-the-point like “Hey, that’s offensive,” or “Leave them alone” – something that makes the point that the harasser’s conduct is out of line. However, you should take this approach only if you feel confident that you and the victim are both physically safe, and that saying something won’t cause the situation to escalate into something more serious.
If direct intervention seems like a bad idea or makes you uncomfortable, other approaches might work better. You could choose to cause a commotion, to shift the attention of the harasser away from their target – if you’re holding a cup of coffee, you could drop it, for example, or you could pretend to have a noisy conversation on your phone.
You could also distract the harasser by finding a reason to speak to either the harasser or the target of the harassment. Asking about something unrelated to the harassment can de-escalate the situation by diverting the harasser’s attention and derailing their behavior.
In other cases, it can be effective to interrupt the exchange by physically putting yourself between the harasser and the victim, to change the dynamic and disrupt the incident. You can even do this while causing a commotion or engaging in small talk, if it seems like a safe thing to do.
If you fear for anyone’s physical safety, and you can do so safely, you should seek help immediately from someone outside the situation. In the workplace, that might be a supervisor, a security officer, or some other person of authority who is nearby and can respond quickly. If no such person is available, or if physical harm is imminent, you should get to a safe place and call emergency services.
After intervening, speak to the target and assist them however you can. You can offer to help them file a report about the incident if they wish to do so. Even if it’s not easy or pleasant, intervening in a harassment situation can prevent a bad situation from becoming much worse.
After completing this topic, you should be able to
SHAY: [Shay is sitting in their car, speaking on their phone. The responses from the person on the other end of the phone call is not audible.] Hey. Thanks for calling me back. I just… I really needed someone I could talk to.
Maybe this wasn't a good idea. I mean, I don't really have any friends or anyone I can talk to here.
There's this one guy who just won't let up. He misgenders me constantly and he doesn't even apologize. At this point, it's got to be on purpose. I started out politely saying my pronouns are they/them, and he just blew it off and I stopped trying.
Not everyone's as accepting as you are. Actually, no one is as accepting as you are. My family wasn't. Why did I think work would be any different?
No, I guess not everyone.
I just… I don't fit in.
Everything's a big joke to him, but he's so cruel about it.
I haven't really done anything. I just… I try to ignore it. I keep hoping he'll just stop.
It's usually when no one is around.
I can't file a complaint.
Because this guy is friends with my boss and she doesn't like most of us, but she likes this guy. She wouldn't do anything anyway. She might even take it out on me. And I don't want to be that person.
That person everybody thinks gets offended by every little thing, and goes running to HR to complain.
I don't know why I let this one person get to me so much. I should just not let it bother me.
Yeah. I guess I have to say something to him. He's not stopping and I can't take much more of this.
Maybe.
I like that.
I can't say that.
Yeah!
Yeah.
Oooh… that's good. I'll use that.
Yeah. I can be firmer, stand up for myself more.
[Shay is nodding.] I do deserve respect. Okay. [Shay sighs heavily.] I think I can handle it a little better next time it happens.
How'd you get to be so smart?
Whether someone has been a target of harassment, or whether they’ve witnessed other people being harassed, making the decision to report harassment can be a difficult step to take. People may be reluctant to report incidents because they are embarrassed – even though the only person who should ever feel embarrassed about harassing behavior is the person who has carried it out. Individuals may also be wary of reporting because of previous negative experiences after reporting harassment. They, or someone else they know, might have faced pushback or negative consequences, such as being transferred to another position after informing superiors about someone’s harassing behavior.
People might also be reluctant to report an incident if the harasser is someone in a position of power – someone in an employment decision-making role, say, the head of the department, a dean, or even the chancellor at an educational institution. The person who harassed them may be someone who is very popular in the educational institution, or someone who has high seniority or authority. In these instances, targets of harassment may worry that their complaint won’t be taken seriously, or that they will become a target of retaliation for bringing a complaint against someone who has higher social or professional status than their own.
To help alleviate some of these concerns and ensure that people feel as comfortable as possible reporting harassment, most workplace harassment prevention policies offer multiple pathways to report. When harassment needs to be reported, an employee is likely to go to their department leadership first, but policies usually allow for other options. Employees could also go to another department, use the institute’s reporting hotline, or contact the EEO Office, Title IX department, or the appropriate team directly, for example.
It’s essential that targets of harassment feel comfortable using any of the complaint methods available. In the end, it doesn’t matter which method they use, because the important thing is that the conduct gets reported – the institution can’t put a stop to harassment unless it hears about it.
After completing this topic, you should be able to
Organizations can’t combat harassment if they don’t know about it, so it’s essential that employees feel confident they can report harassment without suffering any negative consequences for doing so. “Retaliation” is the term used to describe an action that is taken against an employee in response to their engaging in certain activities that are protected under anti-discrimination law. It includes a supervisor responding to an employee’s protected activity by changing the terms or conditions of employee’s work in a negative way, and it is itself considered a form of illegal discrimination.
These protected activities include an employee making a harassment or discrimination complaint or charge, opposing employment practices that are reasonably believed to discriminate against someone, cooperating in a harassment investigation, and testifying or participating in a hearing or lawsuit about an allegation of discrimination or harassment. Protected activities also include any actions that an employee takes part in to try to prevent, stop, or rectify illegal discriminatory conduct.
Retaliation for any of these activities can take many forms, including baseless disciplining, reassigning, transferring, or even firing the employee. Other types of retaliation include reducing pay or hours; giving unwarranted reprimands; or engaging in verbal abuse. Excluding an employee from meetings or training opportunities or withholding desirable job assignments can also be forms of retaliation – anything that has a negative impact on the employee’s work conditions, as long as it’s done in response to their protected activity.
After completing this topic, you should be able to
Harassment can happen to anyone, so it's important to know what to do if it happens to you.
Select the best ways to respond if you are being harassed.
Options:
This is a correct option. Trying to talk it out is a good first step. Some people may be unaware that their behavior is offensive and may make an effort to change when told they are making someone uncomfortable.
This option is correct. Your organization can't address the problem if they don't know about it, so reporting it to your manager can help set off the appropriate steps to resolve the situation.
This option is correct. Your organization's anti-harassment policy will detail the appropriate points of contact for reporting harassment, so you can bring your complaint through whichever point of contact is most comfortable for you.
This is an incorrect option. Nobody should have to put up with harassment and the situation is unlikely to resolve itself on its own, so it's important to utilize the resources available to you so that your company can deal with the problem.
This is an incorrect option. Two wrongs don't make a right, and taking action like this could open you up to disciplinary procedures and may even break the law. It's best to address the problem head on, rather than through subterfuge.
This is an incorrect option. In the first instance, unless the situation is especially egregious and criminal in nature, it's best to raise the issue with a member of the management team before involving law enforcement.
Correct answer(s):
In the break room, Opal sees her colleague, Joel, standing very close to her coworker Martina, and she overhears him making sexual remarks. Martina looks uncomfortable, and Opal decides to intervene.
Drag the examples of ways Opal can intervene as a bystander to the corresponding approaches.
Options:
Targets:
A direct approach to bystander intervention is saying something brief and to-the-point, like "Hey, that's offensive," "Leave them alone," or "That's not an appropriate thing to say at work." You should only take this approach if you feel confident that you and the victim are both physically safe, and that saying something won't cause the situation to escalate into something more serious.
The indirect approach is more subtle than the direct approach. It is an effective way to intervene by interrupting the exchange between the harasser and victim. Ways to intervene indirectly include physically getting between the harasser and victim or engaging them in small talk to interrupt the exchange. Another option is to cause a commotion to distract the harasser. As with the direct approach, you should only use indirect intervention if doing so won't put anyone in danger or escalate the situation.
Correct answer(s):
Reporting harassment is difficult, and people are often afraid to come forward.
Select the reasons why people may be reluctant to report harassment.
Options:
This is a correct option. Even though the only person who should ever feel embarrassed about harassing behavior is the person who has carried it out, people often feel embarrassed to describe harassing behavior they have encountered.
This is a correct option. They, or someone else they know, might have faced pushback or negative consequences, such as being removed from desirable assignments, after informing superiors about someone’s harassing behavior.
This a correct option. If the harasser is someone of high status in an institution, people may fear that they won’t be believed or that they’ll face retaliation for reporting them.
This is an incorrect option. Targets of harassment do not need to confront the harasser in order to report it. They can follow their institution policy in finding the reporting channel that is most comfortable for them.
This is an incorrect option. Retaliation against someone for reporting harassment is never permitted, whether the complaint is upheld or not.
Correct answer(s):
Brendan is Leroy's manager, and Leroy has come to him with a complaint. Click here to find out more.
Leroy's conundrum
Leroy believes that he is being harassed because of his religion and he has brought his concerns to Brendan, his direct supervisor. Brendan decides the best thing to do is to transfer Leroy out of his department to another manager's team, so that he can "get away" from the people who are targeting him. But Leroy is not pleased with the move since he's in the middle of working on some high-profile projects that he feels strongly about.
Select the statements that are correct based on Brendan and Leroy's situation.
Options:
This is a correct option. Changing an employee's work conditions against his wishes as a result of making a harassment complaint could be considered retaliation.
This is a correct option. Instead of addressing the underlying problem - the harassment Leroy is experiencing - Brendan is attempting to avoid the situation through a change that is to the victim's (Leroy's) detriment. Brendan should report Leroy's complaint according to the company's harassment policy and avoid making any changes to Brendan's work conditions without input from HR.
This option is incorrect. Transferring Leroy without pursuing the complaint further was not the best way to handle his complaint and could be considered retaliatory.
This is an incorrect option. Brendan shouldn't take any action of this kind without a proper investigation, which should be carried out by HR.
This is an incorrect option. Leroy has come to Brendan with the complaint, so Brendan should take steps to help resolve the problem, not make it Leroy's responsibility.
Correct answer(s):
After completing this topic, you should be able to
Individuals who have suffered harassment can recover attorney fees, court costs, and other expenses related to pursuing the complaint, along with compensatory damages to cover their costs associated with the harassment itself.
Compensatory damages can include money for the emotional harm caused by the harassment, as well as things like reimbursement for the costs of looking for a new job.
If the harassment resulted in a tangible employment action that negatively affected the complainant’s employment, the institution might also be required to take specific action to “right the wrong.” For instance, an employer could be ordered to rehire a terminated employee. Or, if a complainant did not receive a promotion because a supervisor retaliated against them for filing a complaint, the employer may be ordered to promote the employee into the job and retroactively pay the salary and benefits they should have received.
Employers who are found to have failed to take reasonable precautions against harassment can also be ordered to take corrective action.
Along with these potential consequences, defending against a harassment charge costs an institution time, disruption, and expense, as well as potential reputational damage and impact on employee morale. So, it’s important that supervisors uphold the law and their institutions’ policies to ensure that harassment doesn’t take place.
After completing this topic, you should be able to
Workplace harassment is illegal, which means that engaging in it, or allowing it to happen, can mean legal consequences for everyone involved. But it’s not just illegal; it’s also unethical and unprofessional. Harassment in the workplace doesn’t reflect the values of a successful, ethical institution: values like respect and dignity for everyone no matter what position they hold within the organization.
Creating a workplace that is based on respect and free of harassment has many benefits beyond decreasing the likelihood of a harassment complaint or lawsuit. Maintaining a zero-tolerance policy on harassment means that harassing behavior is less likely to occur, which keeps all staff members safe from any interference that could inhibit their work performance.
And committing to having a respect-based, harassment-free workplace contributes to building a positive work culture, which then leads to higher productivity, cooperation, and general enjoyment of work. This can inspire cooperation and collaboration within the organization, which can improve business performance.
Cultivating a respectful workplace also helps protect the institution’s reputation. Top talent doesn’t want to work in a divisive, oppressive, or disrespectful atmosphere, and students and parents don’t want to enroll in an institution that doesn’t have a good name – so ensuring that the institution retains a reputation for fair dealing is essential.
When everyone in the organization understands the high standards of conduct expected in the workplace, they should find it easier to spot inappropriate behavior, and they may be less likely to tolerate it. Employees are less likely to engage in discriminatory or harassing behavior, and if they do, other employees are more likely to report any harassing behavior that they observe or that they fall victim to. And when that happens, the institution is more likely to recognize and promptly respond to complaints of harassment.
In a workplace where respect and dignity are central, inappropriate conduct stands out, which means an institution can quickly identify and respond to an issue, and resolve it swiftly and fairly before it can escalate. Heading off harassing behaviors in this way can protect the company from the cost and disruption of agency investigations and lawsuits as well as from any damage to its reputation.
After completing this topic, you should be able to
Everyone has a part to play in preventing workplace harassment. Always ensure that you treat everyone with respect, courtesy, and dignity. It's especially important for you to know your institution’s policy. Become familiar with it and use it as your guide.
And don’t forget that the EEO Office, Title IX department, or the appropriate team is always there to help if you have questions or need guidance. By doing this, you can do your part to help build a workplace where everyone can feel comfortable and confident.
Remember that the harassment laws define only the bare minimum of acceptable workplace behavior. An essential tool in achieving higher standards of behavior is your institution’s anti-harassment policy, which sets out the standards of conduct expected of all employees – the standards supervisors are charged with upholding.
Access these job aids for more information on workplace harassment prevention.
After completing this topic, you should be able to
Individuals that have suffered harassment on the job may be entitled to certain remedies.
Select the remedies that might be available to someone who has experienced harassment.
Options:
This option is correct. Individuals who have experienced harassment in the workplace may incur personal costs for pursuing their complaint and may be entitled to reimbursement for these expenses.
This option is correct. Compensatory damages are meant to cover the costs associated with the harassment. It can include money for the emotional harm caused, as well as things like reimbursement for the costs of looking for a new job.
This option is incorrect. An company's employee's vacation benefits package is typically reviewed and agreed upon per institution policy and is not related to harassment claims.
This option is incorrect. While agencies offer medical and benefits packages, their availability is not associated with harassment claims.
Correct answer(s):
Maintaining a workplace free of harassment has benefits for employees and companies.
Select the benefits of a harassment-free workplace.
Options:
This is a correct option. A harassment-free workplace promotes civility, respect, and professionalism, and inspires unity among everyone in your organization, which can lead to higher productivity and cooperation and create a place where employees enjoy coming to work.
This option is correct. A harassment-free workplace is less likely to be the subject of agency investigations and lawsuits, thereby avoiding the cost and disruption that come with such actions.
This option is correct. Educating everyone on the high conduct standards expected in the workplace means inappropriate behavior will be easier to spot. Coworkers will be less likely to unknowingly engage in harassing behaviors and more likely to report them if they occur.
This is a correct option. A harassment-free workplace helps protect your company's reputation in two ways: first, it boosts recruitment and retention by reinforcing that the company is a place that high-performing employees want to work; second, it avoids the negative publicity with the public and potential customers that results from incidents of harassment and discrimination.
This is an incorrect option. While a company can avoid facing damages and penalties for harassment violations, there would be no direct impact on the company's tax obligations from a harassment-free workplace.
This is an incorrect option. In order to achieve and maintain a harassment-free workplace, everyone in the organization must be educated about harassment and understand the high standards of conduct expected.
This is an incorrect option. Creating a harassment-free workplace can help build a more supportive environment for people from different protected classes, but other factors are at play in achieving equal opportunity and determining who gets promoted in any given workplace.
Correct answer(s):
Every employee has a role to play to prevent workplace harassment.
Select the option that best describes your role in preventing workplace harassment.
Options:
This option is correct. Your company's anti-harassment policy sets out the standards of conduct expected of all employees and is an essential tool in achieving higher standards of behavior.
This option is incorrect. Harassment laws define basic standards of behavior, but organizations generally require an even higher standard from their employees.
This option is incorrect. It's not necessary to know the laws by heart. Treating people with respect and dignity, in accordance with your company's policy is more important than being word perfect on statutes.
This option is incorrect. It's important to behave appropriately yourself, but it's also important to speak up when you observe someone else behaving inappropriately.
Correct answer(s):
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