Prevention of Sexual Harassment
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PREVENTION OF SEXUAL
HARASSMENT
TRUE OF FALSE?
Sexual harassment can only occur in the work place.
Women can not be guilty of sexual harassment.
Only those in leadership positions can initiate sexual harassment.
Touching other individuals should be avoided.
TRUE OF FALSE?
As long as you don’t say anything sexually suggestive to someone, or physically touch them, it is all right to look at them all you want.
You keep sexually explicit pictures in your space at work. Someone complains about them. If you do not remove them, you could be guilty of sexual harassment.
TRUE OF FALSE?
(F) Sexual harassment can take place anywhere. It is wrong no matter where it occurs.
(F) Women can harass men. If a person uses sex to create a hostile environment, it is sexual harassment.
TRUE OF FALSE?
(F) It is true that sexual harassment is often initiated by those in a position of power. However, it can also be initiated by peers and other persons not in your chain of command and can lead to a hostile environment.
TRUE OF FALSE?
(F) One look says a thousand words. It is possible to make someone feel very uncomfortable by just leering at them. A leer filled with unwanted sexual advances can be just as upsetting as a suggestive comment or unwanted touch.
TRUE OF FALSE?
(T) Sexually explicit material can create a hostile environment for others. If your fellow soldiers are offended by the material, it is considered a form of sexual harassment.
TRAINING OBJECTIVES
You will learn:
Army Policy on Sexual
Harassment
Types of Sexual Harassment
Impact on Personal and Unit
performance
How to Recognize Sexual
Harassment
How to Prevent Sexual
Harassment
Informal Resolution
Techniques
Sanctions and Laws
DEFINITION
A form of sex discrimination that involve UNWELCOME Sexual Advances, Requests for Sexual favors, and other Verbal, Nonverbal, or Physical conduct of a sexual nature, when:
DEFINITION
Submission to such conduct is made either Explicitly or Implicitly a term or condition of a person’s job, pay or career, or
Submission to or Rejection of such conduct is used as a basis for Career or Employment decisions affecting that person or,
DEFINITION
Such Conduct has the purpose or effect of Unreasonably Interfering with an Individual’s work performance or creates an Intimidating, Hostile, or Offensive working Environment.
DEFINITION
The definition of Sexual Harassment Emphasizes that workplace conduct, to be actionable as “Abusive Work Environment” Harassment need NOT Result in concrete Psychological harm to the victim, But rather need only be Severe or Perceive, and the victim does Perceive, the work environment as Hostile or Offensive.
DEFINITION
Any person in a Supervisory or Command Position who uses or Condones any form of Sexual Behavior to Control, Influence or affect the career, pay, or job of a military member or civilian employee who makes Deliberate or Repeated UNWELCOME Verbal comments, Nonverbal Gestures, or Physical conduct of a Sexual Nature in the Workplace is also engaging in Sexual Harassment
EXAMPLE OF SEXUAL HARASSMENT
VERBAL:
Profanity, off-color Jokes
Sexual Comments, Threats
Whistling, Barking, Grunts,
Growling, Etc…
Passing Rumor of Sexual Acts
or Involvement.
EXAMPLE OF SEXUAL HARASSMENT
Non-Verbal:
Leering, Winking
Licking Lips, Displaying /
Giving Sexually Suggestive Pictures or Cartoons
EXAMPLE OF SEXUAL HARASSMENT
Physical:
Stroking, Grabbing, Patting,
Hugging, Pinching Provocatively Posing
Cornering or Blocking a Passageway
Adjusting Someone’s Clothing
without Permission.
TWO TYPES:
1. ” QUID PRO QUO”
2. HOSTILE ENVIRONMENT
TYPES OF SEXUAL HARASSMENT
TYPES OF SEXUAL HARASSMENT
Hostile Environment
Offensive
Unwanted
Unsolicited comments and behaviors of a sexual nature
OTHER ELEMENTS…
Impact vs Intent
Reasonable
Person Standard
Assessing whether the behavior is appropriate or offensive must be done from the perspective of the recipient, not the alleged harasser.
REASONABLE PERSON STANDARD..
How would a reasonable man/woman under similar circumstances react or be affected by such behavior?
REASONABLE PERSON STANDARD
In judging whether the incident is Sexual Harassment it must be viewed from the perspective of a Typical, Reasonable Third Party
Would a reasonable person find that Behavior Hostile, offensive, or Intimidating and adversely affect his/her ability to do his/her work
REASONABLE PERSON STANDARD
The “Reasonable Person Standard” Is used by Commanders and the Courts to judge whether the Conduct was Sexual Harassment.
FORMS OF SEXUAL HARASSMENT
Senior-subordinate abuse
Verbal abuse
Indecent acts and gestures
Displaying offensive cartoons or pictures
Repeated unwelcome comments or gestures
Letters, phone calls, or other forms of solicitation
Creating an intimidating or hostile environment
IMPACT OF SEXUAL HARASSMENT
On the individual
Anger, stress, reduced performance, absenteeism caused by avoidance, loss of self-esteem
On the unit
Loss of cohesion, low morale, undermines readiness
On the mission
Distracts from accomplishment and could cost lives
COPING MECHANISMS
Denial
Victim writes incident off as if it did not take place
Rationalization
Victim excuses behavior of harasser
Victim jokes about behavior
Avoidance (of environment; of harasser)
Illness, AWOL, absenteeism
When Do Request for dates Constitute Sexual Harassment?
When It Is Unwelcome
What Constitutes Unwelcome?
Repeatedly Hearing “NO” as an Answer
What Constitutes NO?
PUNISHABLE BY:
PUNISHABLE BY:
Influencing or Threatening The Career, Pay or Job of another person in exchange for Sexual Favor.
Article 93: Cruelty and Maltreatment
PUNISHABLE BY:
Making Unsolicited or Unwelcome Sexual Contact with intent to Gratify lust or Sexual Desire
Article 134: Indecent Assault
PUNISHABLE BY:
Threatening the career, Job or Salary of a person Unless He or She “Cooperates”
Article 127: Extortion
Article 134: Communicating a Threat
PUNISHABLE BY:
PUNISHABLE BY:
Engaging in or Condoning Sexual
Harassment Behavior
Article 92: Failure to obey an order or Regulation
Article 133: Conduct Unbecoming an Officer
Article 77: Violating Principle
Counseling
Reassignment
Oral or written reprimand
Adverse NCOER/OER
Bar to reenlistment
Relief of duty
Administrative separation
UCMJ action
REPRISAL
Threat or acts of Reprisal Forbidden by Army and The Department of Defense Policy
Punishable Under the UCMJ
Acts of Reprisal can come from your Co-Workers or those in a Supervisory Position.
WHISTLEBLOWER PROTECTION
Soldiers cannot be Reprised against for filing a Complaint of Sexual Harassment or Unlawful Discrimination
Soldiers must submit their Complaint to DOD Inspector General for Investigation
SUMMARY
Army Policy On Sexual Harassment
Types Of Sexual Harassment
Impact Of Personal And Unit Performance
Summary
Recognizing Sexual Harassment
Preventing Sexual Harassment
Informal / Formal Resolution Techniques
Sanctions And Laws
