Sexual Harassment – Flashcards

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City of Austin Harassment - Definition
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Is abusive, obscene, or threatening conduct or communication that is intended to harass, annoy, alarm, torment, embarrass, or injure another.
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The city is committed to promoting a work environment that is...
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-Free of harassment
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City of Austin's Response to Harassment
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Employees who engage in such conduct while on duty or on city premises will be subject to immediate discipline.
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City of Austin Sexual Harassment - Definition
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Any unwelcome sexual conduct which occurs under one or more of the following conditions, is prohibited and shall not be tolerated.
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City of Austin Sexual Harassment - Continued
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-Any manager, supervisor, or employee who engages in such objectionable conduct is subject to discipline up to and including termination. -Sexually oriented jokes, remarks, gestures, or pictures, may be offensive to other employees and will not be tolerated.
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Intent does not matter, but what does?
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Consequences/Outcomes
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Employees who experience discrimination, sexual harassment or who become aware of a threatening situation as described in this policy, should...
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Immediately report it to their supervisor
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If reporting to a supervisor is not a suitable avenue for addressing their complaint, employees are advised to...
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Contact their Assistant Dept. Director or Dept. Director or the Director of HR.
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If an employee is aware of any threat of imminent physical harm to him/herself another employee or member of the public, the employee should attempt to?
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-Remove him/herself from the dangerous situation and immediately notify the appropriate emergency personnel by calling 911. -The employee should report the emergency call to his or her supervisor or management immediately .
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-No employee shall be discriminated against, harassed, intimidated, nor suffer any reprisal as a result of...
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Reporting violations of this policy in good faith.
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914.3.2 SEXUAL HARASSMENT
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(a) is any unwelcome sexual conduct that occurs under one or more of the following conditions. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature will be considered harassment when: 1. Submission to such conduct is made either openly or by implication a term or condition of an individual's employment; or 2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that person; or 3. Such conduct unreasonably interferes with the individual's work performance or creates an intimidating, hostile, or offensive working environment. (b) Sexually oriented jokes, remarks, gestures, or pictures may be offensive to other employees and will not be tolerated. (c) Any manager, supervisor or employee who engages in such objectionable conduct is subject to immediate discipline up to and including termination.
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914.3.3 ADDITIONAL CONSIDERATIONS (HARASSMENT)
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(a) is abusive, obscene or threatening conduct or communication that is intended to harass, annoy, alarm, torment, embarrass or injure another. (b) While on duty or on city premises, employees shall not: 1. Use obscene or abusive language or offensive or offensive gestures in their communication with workers or members of the public; or 2. By oral, written, electronic or other means of communication threaten or intimidate coworkers or member of the public; or 3. Physically endanger, intimidate or injure coworkers or member of the public (c) Employees who engage in such conduct while on duty or on City Premises will be subject to immediate discipline.
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Who to Report to?
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1. Any person in the employee's chain of command, including the Chief. If the allegation involves a person in the employee's chain of command, employees should feel free to report the situation to any other supervisor. 2. Internal Affairs (for sworn employees). 3. The APDHR manager (for civilian employees). 4. City Auditor's Office. 5. The Director of City HR or Civil Service.
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Sexual Harassment is Defined By
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The Equal Employment Opportunity Commission (EEOC) from the Civil Rights Act of 1964, Amended 1972, Title VII
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What does EEOC stand for?
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Equal Employment Opportunity Commission
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When was the Civil Rights Act?
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-1964
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EEOC Defines Sexual Harassment as:
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Includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is maybe either explicitly or implicitly a term or condition of an individual's employment 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. Such conduct has the purpose or effect of unreasonable be interfering with an individual's work performance, or creating an intimidating, hostile, or offensive work environment.
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Definition #1 Quid Pro Quo
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Influencing, offering to influence, or threatening the career, pay or job of another person in exchange for sexual favors.
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Definition #2 Hostile Environment
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-Deliberate or repeated offensive comments, gestures, or physical contact of a sexual nature in a work related environment; and/or -Conduct that unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive working environment.
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Bystander Ruling
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The victim does not have to be the person at whom the conduct is directed. It may be someone who is affected by such conduct when it is directed to another person.
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Any other verbal or physical conduct of a sexual nature including but not limited to:
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-Unwelcome letters, telephone calls or distribution or display of material of a sexual nature; Emails too -Unwelcome and deliberate touching, leaning over, cornering or pinching; -Unwelcome sexually suggestive looks or gestures... -Unwelcome pressure for dates; -Unwelcome pressure for sexual favors; -Unwelcome sexual teasing, jokes, remarks or questions.
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Linda Williamson v. The City of Houston (5th Cir. 1998)
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-LE Related -HPD Harassment case that involved retaliation for reporting; Reporting party was punished for reporting the harassment.
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Smith v. Norwest Financial Acceptance, Inc. (10th Cir. 1998)
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-Umbrella Sexual Harassment Case
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Oncale v. Sundower Offshore Services, Inc (5th Cir. 1998)
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-Same sex case -"Men can't be sexually harassed" -Drilling Company
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The determination of the legality of a particular action will be made from what?
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The facts on a case by case basis
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An employer is responsible for taking...
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-Immediate and appropriate corrective action.
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What is the best tool for the elimination of sexual harassment?
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-Prevention
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An employee is responsible for its acts and those of its:
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-Agents, including non-employees, and supervisory employees, regardless of knowledge or authorization of inappropriate behavior. -Employers, supervisors, and individual employees may all be held separately
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-An employer is responsible for having a...
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POLICY PROHIBITING sexual harassment
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The harasser can be the victim's
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-Supervisor -An agent of the employer -A supervisor in another area -A co-worker -Or a non-employee.
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The victim as well as the harasser may be...
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A woman or a man - The victim doesn't have to be of the opposite sex (can occur to the same sex)
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The victim doesn't have to be the person harassed but could be...
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Anyone affected by the offensive conduct
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Unlawful sexual harassment may occur...
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Without economic injury to or discharge of the victim.
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Penal Code Laws
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- Sec. 39.03 Official Opression -Sec 42.07 Harassment
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Expressing vulnerable feelings in the workplace is inappropriate, so is...
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The expression of sexual feelings.
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Know the distinction of inappropriate behavior that is ___________ to others and criminal behavior that is ___________
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-ANNOYING -ABUSIVE
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Sexual jokes, advances, comments can shift from...
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ANNOYANCE TO ABUSE
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A person must recognize that when someone makes it clear that their sexual behavior is not welcome, and persists against the person, then he/she?
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Will feel harassed
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Who Can You Call
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-APD Internal Affairs -APD Human Resources -City of Austin Human Resources
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Just because a woman feels harassed by a man does not mean his behavior is what?
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Criminal
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Just because a man thinks his sexual behavior is innocent it does not mean his behavior is?
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Innocent in the court of law
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Even though a behavior may not constitute criminal harassment...
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It will create mistrust and resentment in their working relationship
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The term sexual harassment means...
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Different things to different people.
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There is so much ______________ on _____________________________, there is confusion regarding what is appropriate and what is not.
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-Media attention -Criminal sexual harassment cases
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Without an understanding of our different sensitivities, both men and women...
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Behave in ways that are sometimes inappropriate.
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THE HARASSER'S CONDUCT MUST BE WHAT?
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UNWELCOME
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