Sexual Discrimination

The term discrimination can apply to a range of employment issues, including sex, sexual orientation, religion or belief, race, disability, pay, part-time working and fixed-term working. All employers have both a moral and legal duty to ensure that they fully understand their obligations and take appropriate action to ensure that they prevent discrimination within their business.

Sexual harassment is harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences. In American employment law, it is any unwelcome sexual advance or conduct on the job, having the effect of making the workplace intimidating, hostile or offensive. Similar definitions have been established for academic environments. Sexual harassment is considered a form of illegal discrimination and a mild form of sexual and psychological abuse. However, psychologists and social workers report that severe and/or chronic sexual harassment can have the same psychological effects on victims as rape or sexual assault. Backlash and retaliation for complaining about the harassment can further aggravate the effects. Indeed, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded 6 million dollars in damages.)

The definition of the phrase Sexual Harassment can be broad and controversial, depending on each individual's opinion of what harassment is, and misunderstandings can abound. The term was coined in 1974 at Cornell University. While typical sexual harassment behavior usually includes unwanted touching of a co-worker's private parts, lewd comments, talk about gender superiority, sexual jokes, demands for sexual favors, etc., some companies have reported that they have had to fire employees (after a co-worker has complained of sexual harassment) for such actions as telling the complaining co-worker how good he or she looks, or for simply handing what seemed, to the fired employee, to be just a harmless compliment. Street harassment is generally considered another form of sexual harassment.

Facts About Sexual Harassment

• Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
• Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

1. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

2. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

3. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

4. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

· The harasser's conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

Points to Ponder Regarding Street Harassment and Harassment at Work

Q) Why do discussions of street harassment and harassment at work deal with sexual harassment of women by men, what about women harassers, racism and homophobia?
No doubt, some women also harass, and men sometimes receive harassment as well, but the overwhelming majority of harassers are men whose targets are women. There is legislation against racist abuse and homophobia is treated as anti-social behavior but no such legislation or stigma exists to protect women from the constant barrage of comments they receive by men on the streets. Sexual harassment at work is prohibited by law. This is something that women face on a daily basis.

Q) Don't some women enjoy and feel flattered by comments they receive from men on the streets?
Women have had it drilled into them from a young age that boys and men control public spaces and that is a fact of life to get used to. From the school hallways where boys grab girls' bums without repercussion to the pavement where men comment on the size of their breasts and tell them to smile while they are receiving this treatment. Women are told to enjoy it or to worry about their looks if they aren't getting any attention by men in public. Most men believe that they are giving women compliments rather than offending them and making them uncomfortable on their own streets.
If men truly want to be complimentary to women then they should allow them the basic human right to walk freely in public places without feeling that they are constantly being judged or treated like a piece of meat for men's consumption. Any man who genuinely wishes not to offend women will accept this and treat them as fellow human beings.

Q) Are there more important issues to focus on, like rape and domestic violence?
Public sexual harassment is not separate from other types of sexist violence but as part of the same continuum. A society that provides no consequences for men who disrespect and objectify women on the streets will never be a society free of domestic violence and rape. The message to men is clear that women's bodies exist for them to comment on, leer at and have at their sexual disposal. But this message can be challenged when women hold men accountable for their actions in public and stop tolerating this sexist abuse. In addition to this, working with women and encouraging them to stand up to their harassers can also provide them with the courage to stand up to their abusive partners or the man pressuring them to have sex.

Q) Aren't women being made out to seem like helpless victims?
Most women have experienced public harassment and they don't enjoy it. Women should feel empowered to have the confidence and skills to fight back. The only people who are treating women as "victims" are the men who feel they have a right to treat women like prey.

Avoiding discrimination - checklist

Equal opportunities legislation covers discrimination on a range of grounds, including sex, marital status, pregnancy/maternity leave, race, disability, sexual orientation, religion or belief, pay, part-time working and fixed-term working. All employers have a moral and legal duty to ensure that they fully understand their obligations and take appropriate action to ensure that they prevent discrimination within their business.

This checklist provides information about the legislation you should be familiar with and also guidance on steps to take in order to minimize the risk of discrimination in your workplace.

1. Assess current practices

Be objective and do not just assume that your workplace is free from discriminatory practices. Even if your business has well-intentioned management and employees, who firmly believe in and support equal opportunities and non-discriminatory practice, you may still fall foul of the law. Occasionally a situation may occur in which one or more individuals inadvertently say, or do something, that could be deemed to amount to discrimination. Look at current employment practices and identify any areas where things could potentially go wrong.

Things to consider include:

• How you recruit new employees

• Rates of pay

• The culture of the workplace. Are all workers treated with respect and dignity?

• Access to the premises

• Arrangements and adjustments for disabled workers and applicants for employment

• Opportunities for promotion, training and development. Are they based on objective criteria?

• Selection for redundancy. Is it based on objective criteria?

• Policies that involve employees’ partners, such as bereavement leave, time off for dependants or insurance coverage should ensure same sex partners are treated equally favorably

• Religious observance. Can adjustments be made to accommodate employees’ religious practices, such as prayer at a particular time of the day or dietary requirements?

2. Legislation

Make sure that you are aware of your legal obligations with regard to employees and job applicants. The right to protection against discrimination begins the moment you actively seek to recruit a new employee. The Civil Rights Act of 1964 is the primary federal law that addresses sexual discrimination. This is also covered by other laws such as the Fair Labor Standards Acts. More recent laws have not been focused on sexual harassment (covered by the Civil Rights Act), but have addressed such issues as disabled workers and homosexual workers.

3. Policies and Procedures

Draw up an equal opportunities policy and statement and a policy on harassment and bullying. Be clear about the standard of behavior you expect and the types of conduct which are unacceptable and make reference to the legislation in order to reinforce to your employees the importance of their commitment to such a policy.

Draw up a grievance procedure which can be used by employees who have been subjected to discrimination, harassment, bullying or victimization. Make sure that this procedure allows employees to raise any such complaint with someone other than the line manager, where necessary. Remember, the line manager may be the perpetrator. Ensure that your grievance procedure complies with the minimum statutory requirements of the Dispute Resolution Regulations 2004 which comprises three steps:

1. • The employee must set out the details of the grievance in writing and send you a copy
2. • You must invite your employee to a meeting to discuss the grievance. The employee has the right to be accompanied at the meeting by a work colleague or a trade union representative. After the meeting, you must notify the employee of the decision in relation to the grievance and of his/her right to appeal against the decision if he/she is not satisfied
3. • If the employee wishes to appeal, he/she must inform you in writing and you must arrange an appeal hearing, which should be dealt with by someone unconnected with the initial grievance hearing. The employee has the right to be accompanied at the meeting by a work colleague or a trade union representative. After the appeal hearing, the final decision should be notified to the employee

Communicate your policies and procedures to employees and make sure that they understand why they have been introduced and the penalties for any breach. Include your policies and procedures in your company handbook, if you have one and cover equal opportunities during the induction of all new employees.

4. Recruitment Procedure

Review your recruitment procedures, paying particular attention to:

· • Job descriptions and person specifications – make sure they describe the job and do not discriminate in any way. Only a small number of jobs allow discrimination on the grounds of sex, for example for the sake of decency in a single sex establishment such as a boarding school, or a job modeling women’s or men’s clothes.

· • Advertising – avoid using terms such as waitress or postman as it implies a specific gender. Other things to avoid include the use of images which portray a stereotype, for example all white, or all women. Avoid using words that carry implications, for example, asking for applicants to be ‘energetic’, unless this can be objectively justified by the demands of the job, might be interpreted as discriminating against disabled candidates. Do include a statement about your company’s commitment to equal opportunities.

· • Questions asked at interviews - train managers to avoid questions which might be considered to be discriminatory, for example, asking female applicants about plans to start a family or child care arrangements.

5. The working environment

Look objectively at your workplace and how work is carried out. Try to identify changes and resources, which would enable a disabled employee to do the job. This could be something as simple as investing in a ramp to provide wheelchair access or purchasing a piece of equipment to enable a deaf employee to answer the telephone. Grants may be available to assist with the purchase of such equipment.

Decide upon a salary structure for all employees. This will help to avoid conflict, as all employees should be paid equal rates for equal work. If there are any discrepancies, for example, a salary scale where employees with a longer period of service and skill are paid more than new employees still learning the job, then make sure that the discrepancy is based on specific and objective reasons that could be defended before a tribunal.

Draw up a dress code and communicate it to all employees. Remember that all employees must be treated equally. Ensure it does not place restrictions on men, women or members of racial or religious groups that cannot be justified. If employees are expected, for hygiene purposes, to tie hair back or wear an employee uniform, include this in their contract of employment and your employee handbook.

Are all employees treated with respect and dignity? Are people careful about what they say and do? Remember that what may be a friendly pat on the shoulder to one employee may be deemed sexual harassment by another. Similarly, a joke, which is acceptable to one, may be offensive to another.

While every effort has been made to cover all the issues relating to this topic, there may be others that your business needs to consider. If in doubt, always seek professional advice.

Further help

Fighting Sexual Harassment

Employees can use the law and their company's complaint procedures to protect themselves from harassment.

In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault. It can happen to men and women, gay or straight -- in other words, sexual harassment is an equal opportunity offense.

Fortunately, there are state and federal laws that protect workers from sexual harassment on the job. These are the same laws that protect workers from discrimination based on gender. At the federal level, Title VII of the Civil Rights Act forbids harassment. In addition, most states have their own fair employment practices laws that prohibit sexual harassment -- many of them more strict than the federal law.

If you are being sexually harassed at work, there are a number of things that you should do to protect yourself.

Tell the Harasser to Stop

Initially, you can try telling the harasser to stop. Although this confrontation may be difficult for you, it is often the most effective way of dealing with harassment. Some experts say it works up to 90% of the time. When confronted directly, harassment is especially likely to end if it is at a fairly low level: off-color jokes, inappropriate comments about your appearance, tacky cartoons tacked onto the office refrigerator, or repeated requests for dates after you have said no.

Clearly saying you want the offensive behavior to stop is important, because it lets the harasser know that the behavior is unwelcome -- which it must be in order to meet the legal definition of sexual harassment. It is also a crucial first step if you later decide to take more formal action against the harasser.

If the harasser ignores your oral requests to stop, or if you are uncomfortable talking to the harasser face to face, write a succinct letter demanding an end to the behavior. Be sure to keep a copy.

Complain to Supervisors

If communicating with the harasser doesn't end the harassment, you should escalate your complaint within the company. Check your company's employee handbook, personnel policies, or manual. Is there a sexual harassment or complaint policy? If so, follow it. If not, ask someone in the human resources or personnel department how to make a sexual harassment complaint. If you don’t get a good answer, complain to every manager and supervisor you can -- and document everything. (See below for tips on how to document your actions.)

Although it is often difficult to make a complaint at work, and you may prefer to skip this step, don't. The U.S. Supreme Court has said that employees who fail to use their employer's internal complaint procedure to make the company aware of sexual harassment -- and to give the company a chance to stop it -- cannot later hold the company liable in a lawsuit. This means that you are quite likely to lose in court -- should it come to that -- if you don't complain to your company first.

Even if your company doesn't have a formal complaint procedure, you can put the company on notice of the harassment. You can do this by making a complaint to the human resources department, telling your supervisor (or his or her supervisor) of the problem, or informing a company executive.

Document Your Claims

It is very important to document what is happening to you -- and what you do to try to stop it-- should you ever have to prove your case to a company investigator, a government agency, or a jury.

Start by collecting as much detailed evidence as possible about the specifics of your harassment. Be sure to save any offensive letters, photographs, cards, or notes you receive. If you were made to feel uncomfortable because of jokes, pin-ups, or cartoons posted at work, confiscate them -- or at least make copies. An anonymous, obnoxious photo or joke posted on a bulletin board is not anyone else's personal property, so you are free to take it down and keep it as evidence. If that's not possible, photograph the workplace walls. Note the dates the offensive material was posted -- and whether there were hostile reactions when you took it down or asked another person to do so.

Also, keep a detailed journal. Write down the specifics of everything that feels like harassment. Include the names of everyone involved, what happened, and where and when it took place. If anyone else saw or heard the harassment, note that as well. Be as specific as possible about what was said and done -- and how it affected you, your health, or your job performance. Keep your journal and notes at home or in a secure place.

If your employer has conducted periodic written evaluations of your work, make sure you have copies. In fact, you may want to ask for a copy of your entire personnel file -- before you tip your hand that you are considering taking action against a harassing co-worker. Your records can be particularly persuasive evidence if your employer retaliates against you for complaining -- which is also illegal. For example, you'll want a copy of your records if you've had positive performance evaluations until you complain, and then your employer tries to transfer, demote, or fire you or claims your job performance is poor.

Complain to Government Agencies Before Filing a Lawsuit

If complaining to your employer doesn’t help, the next step is to go to either the federal agency that enforces Title VII-- the U.S. Equal Employment Opportunity Commission-- or to your state fair employment office. If all investigation and settlement attempts fail to produce satisfactory results, you can file a civil lawsuit for damages under either Title VII or your state fair employment practices statute.

You must file a complaint with the EEOC before filing a federal lawsuit.

Even if you intend right from the beginning to file a lawsuit, you sometimes must first file a claim with a government agency. For example, an employee pursuing a claim under federal law must first file a claim with the Equal Employment Opportunity Commission (EEOC), and a similar complaint procedure is required under some state laws.

The EEOC or state agency may decide to prosecute your case on your behalf, but that happens rarely. More commonly, at some point, the agency will issue you a document referred to as a "right-to-sue" letter that allows you to take your case to court with your own lawyer.

Note, however, that there are time limits for filing claims with government agencies and for filing a lawsuit, so be sure not to miss them. For more information, contact the EEOC field office in your region (contact information is available at www.eeoc.gov) and your state fair employment practices agency.

Safety Tips and Advice For Men Regarding Safety in Public?

1. If you see a woman or group of women being harassed, attacked or even being followed, Don't walk on by. Do something.
- If you have a mobile phone or can get to a payphone, call the police.
- Assess the situation. If you think you can intervene without risk to yourself do so. Use common sense!
- Don't assume that if a man and woman are fighting it's just a 'relationship tiff'. If he hits her, he is committing a crime.

What should you do if the woman involved says it's ok and asks you not to intervene?
Again, use common sense. If in doubt always call the police.
Respect the wishes of the woman, but NOT at the expense of her safety.

2. On public transport:
- Make yourself visible to others. Stand in the light when waiting for a bus or train. If waiting for an over-ground train always wait on the platform not in the tunnel or footbridge. If its raining shelter on the platform.
- On trains and buses - especially late at night: Don't strike up conversations with women you don't know as your intentions may be interpreted as threatening. Don't ask for personal details like phone number or even a woman's name. This is not the place to pull. (It is especially important to be aware of this if the bus is empty.)
- If you have been drinking, give lone women space - they may not want to sit near or talk to a man or group of men who have been drinking.
- Don't ask lone women for the time or train details, all train stations have clocks, displays, timetables and station workers to provide this information. Respect that a lone woman traveling at night has the right to feel safe and may not want to speak you.

3. On the street and in other public places
- Be conscious of lone women, don't walk to close to them. Cross the road and put space between you and them.
- Use common sense. you don't need to tell a woman that you're not a threat!
- Don't hang out in or take isolated routes home, especially after dark. Men are actually more at risk from mugging and other violent crime on the streets than women are.