Human Resources: Sexual Harassment Part II

This week we will discuss the various ways sexual harassment can occur.
The legal standard for judging an event as sexual harassment is called the "Reasonable Woman Standard". Increasingly cases are judged on the question "Would any reasonable woman object to or be offended by this behavior?"

Sexual Harassment Continuum
Visual Verbal Physical Assault Rape

Visual - "Lee" has a calendar in his private office that features scantily clad women. Is this harassment?

"Karen" has recently returned from her trip to Mexico and asks if anyone wants to see her photos. You join a group of people looking at the pictures. Some of the photos she is passing around show topless women on the beach. Is this harassment?

Some examples of visual harassment:
* Pin ups and pornography (including video)
* Graffiti on walls with sexual comments, remarks, and drawings Sometimes about a specific person)
* Cartoons of a sexual nature, sexual magazines and catalogs
* Sexual messages in E-Mail
* Letters and cards with sexual messages or pornographic pictures
* Leers and suggestive looks
* Sexually explicit or obscene gestures

Verbal - "Jim" frequently tells jokes of a sexual nature in the break room. "Susan" cannot help over hearing these jokes and is very offended. She tells "Jim" she doesn't think his jokes are funny. He says he is just kidding around. Is this harassment?

"Jill" makes personal calls from her cubical and loudly discusses her recent sexual exploits and peppers her conversation with foul language. Is this harassment?

Some examples of verbal harassment:
* Catcalls and whistles
* Sexual or dirty jokes; misogynist humor
* Sexual comments or innuendos about clothing, body, or sexual activities; sexual teasing
* Hostile insults
* Talking about sexual exploits or a partner's sexual inadequacies
* Obscene phone calls

Physical - "Paula" tells "Andy" frequently that he has a cute butt and often follows that with a "pinch on the butt". "Andy has told her he doesn't appreciate her behavior but she continues to do it anyway. Is this harassment?

"Kathy" tells "Peter", her supervisor, that she is stressed out and she feels very tense. He then starts to massage her shoulders. Is this harassment?

Some examples of physical harassment:
* Strippers at parties
* Massages
* Unwelcome hugs and long, sexual handshakes
* Kissing
* Patting, pinching, or other inappropriate touching ("accidentally" brushing against someone)
* Touching in inappropriate areas
* Indecent exposure

Assault - "Justin" and "Julie" are co-workers. "Justin has asked "Julie" out a number of times and each time she has said no. He continues to ask her out. Is this harassment?

"Art" is attracted to "Adam" and has cornered him in the men's room and asked him out for drinks after work. "Adam" feels threatened and has refused each time he is asked. Is this sexual harassment?

Some examples of assault:
* Grabbing, pinching, cornering, trapping or blocking someone
* Repeated pressure for dates
* Propositions (implied and overt threats and pressure for sexual favors)
* Forced fondling
* Stalking
* Hitting, physically threatening violence or actual acts of violence

Rape - "Dave" and "Marie" went out for drinks after work. They ended up and "Marie's" house for coffee. "Dave" forced himself on "Marie" even though she said she did not want a sexual encounter with him. Is this rape?
* Coercive rape
* Assault rape

If you wonder if your behavior in certain situations constitute sexual harassment ask yourself these questions:

Would I behave this way if my "significant other were present?
Would it be ok for my "significant other" to have this experience?
Would it be ok to have my behavior filmed and put on the 6 o'clock news?
Would I behave this way if I knew my mother was watching?

If you answer no to any of these questions you may be guilty of sexual harassment.

Whole Person Press, 1995, Louise Yolton Eberhardt

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George "Bud" Wassell, M.S., LPC, CEAP
Director, Solutions EAP
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