I'm not sure whether this is harassment
Sexual harassment is a legal concept developed originally to address a particular type of sexual discrimination. Briefly, sexual harassment is unwelcome behavior of a sexual nature that makes someone feel uncomfortable or unwelcome in the workplace by focusing attention on their gender instead of on their professional qualifications. The concept applies now to both women and men, to adults and to children.
Sexual harassment is usually defined as behavior by someone higher in status or power toward someone lower in status or power, although harassment by peers or customers is also recognized as a problem. The unequal balance of power is an intrinsic element of the legal definition of sexual harassment.
The EEOC requires all organizations with more than 15 employees to develop a sexual harassment policy, to make that policy public, and train employees in issues of sexual harassment. If you're not sure whether or not you're being harassed, talk to someone in the human resources department of your organization.
Most states also have sexual harassment laws.
I'm being harassed
If you are experiencing sexual harassment, there are a variety of steps you can take. Ignoring sexual harassment does not make it go away. The harasser may interpret a lack of response as encouragement! You may want to do more than one of these things...
Know your rights. Sexual harassment is illegal. The EEOC requires all organizations with more than 15 employees to have policies and procedures to deal with sexual harassment. Find out what your rights are and what procedures are in place to help you. Begin by talking with a representative of the human resources department in your organization. You can check the definitions and sample cases on this website or read about sexual harassment in books and articles. You can find more information on other webpages. Your local library should also have information on this topic.
Speak up at the time. Be sure to say "NO" clearly, firmly and without smiling. There is a
chance that the harasser does not realize the behavior is offensive; you must be firm in
saying that you are offended. If you decide to file charges later, it's helpful (although not
necessary) to have objected to the behavior. If you smile or act unsure of yourself, the
harasser may think you're saying "Yes" instead of "No." Practice with a friend until you can
say "That behavior offends me" in a way that is firm and clear.
Keep records. Keep track of what happens in a journal or diary and keep any letters or notes or other documents or artifacts you receive. Write down the dates, times, places, and an account of what happened. Write down the names of any witnesses.
Identify an advocate. An advocate is someone who is supposed to help you use the
resources of the schools or workplace effectively. Most schools and employers have Affirmative Action Offices where you can talk to someone who will help you. Advocates
should have training to help you with both informal and formal procedures to deal with your
situation.
Write a letter. People have successfully stopped sexual harassment by writing a letter
detailing the behavior that is offensive and asking the person who is harassing them to stop
the behavior. The letter should be polite, unemotional, and detailed. Such a letter seems to
be more powerful than a verbal request. The recipient of the letter seldom writes back; the
person usually just stops the behavior.
Report sexual harassment to the appropriate person in the organization. Schools
and employers are required to have policies and procedures for dealing with sexual
harassment. You can use those policies and procedures to make an informal or a formal
complaint against the person who harasses you.
File a complaint with your state agency that deals with employment discrimination. Many states have laws against employment discrimination and sexual harassment. Your first legal step should be to file a complaint with the appropriate organization in your state. The research librarian at your public or university library can help you find information on state laws and how to file claims.
File a complaint with the EEOC. If the organization does not deal with your situation, you can file a complaint with the EEOC. The Equal Employment Opportunity Commission is a federal agency that enforces federal anti-discrimination laws. Some states automatically notify the EEOC if you file a complaint with your state agency, or you can file with both. There are some quite strict statutes of limitations for filing claims. If the harassment is serious enough to require legal action, do not delay in making a complaint. Become familiar with appropriate procedures to avoid problems. If the EEOC finds that you have a valid claim, that agency may prosecute the claim for you or may notify you that you have authority to bring a claim against your employer in federal court.
My child is being harassed
Court decisions have extended protection from sexual harassment to the school setting. Some research indicates that there is a great deal of sexual harassment in elementary and secondary schools. While girls are the usual victims, boys may also occasionally be harassed. Since this is a new definition for behavior previously labeled "boys will be boys," there is sometimes a problem with finding support from school administrators and teachers. More and more, however, schools are paying attention to issues of sexual harassment and developing policies and training to prevent or deal with sexual harassment.
Learn more about the issue. Learn more about sexual harassment in general and about sexual harassment in schools in particular. You can find articles and books and webpages that deal with this issue. You can read about some hypothetical cases, groundbreaking cases, or supreme court cases. School busses are often a site of considerable harassment; it's not just a classroom issue. Girls who play sports like soccer and little league softball are often subjected to harassment; sometimes, the coaches either participate or tacitly support the harassment. Learn about the detrimental effects of such harassment on girls and on the boys who perpetrate the harassment. College athletes are more likely than other college men to rape women; patterns of aggression are often set in early childhood. Preventing harassment in the second grade may help both the boys and the girls to avoid bigger problems later in life.
Believe and support your child. Parents' support is very important in helping children learn how to stand up for their own rights and to deal with bullying and harassment. Telling kids to "get used to it" or "be tough" can't be the only response. Children need help in learning how to stand up to bullies and they need support from their families and from the educational institutions that are supposed to support and encourage learning, not facilitate harassment.
Talk with appropriate authorities. Schools are now required by law to protect children from sexual harassment. Schools, like workplaces, have to have policies, make those policies known, and develop procedures to deal with sexual harassment. Work with your child's teacher, school administrators, and other groups like the PTA or the PTO to develop appropriate training and procedures so that all members of the learning community understand what harassment is and how to prevent it or deal with it when it happens.
If all else fails, consult an attorney and bring charges. Read through the advice above for taking legal action to stop sexual harassment. Unfortunately, this is often a lengthy and expensive proposition and will probably not bring relief to your child, who may be out of school before a decision is finally made. This is a step you should not take lightly.
I'm being accused of harassment
Charges of sexual harassment are serious, because sexual harassment is illegal. Therefore, if you are accused of sexual harassment, you should take steps to learn everything you can about the situation, the laws and regulations, and the organization's policies and procedures.
If the charge is informal. If someone accuses you of sexual harassment, you should listen carefully to understand the other person's point of view. Making a joke of your behavior is inappropriate and is very likely to exacerbate the situation. Retaliation is illegal. Respect the other person's point of view and interpretation of the situation and cease the behavior that is offending that person.
If the charge is formal. If you are formally charged with sexual harassment by some authority within your place of employment, you should immediately contact the appropriate person in the human resources department and get information and assistance. Affirmative action offices are charged with investigating and resolving issues of sexual harassment fairly and confidentially. Under no circumstances should you act in any way that might be construed as retaliation, [such as making counter charges], because such retaliation is also illegal. Most affirmative action offices are interested mainly in resolving situations; your cooperation will go far toward that goal and will most likely cause the least harm to yourself, to the person making the charges, and to the organization.
I have to create a policy/procedure for my organization
The EEOC provides advice on creating policies and procedures to prevent and/or deal with sexual harassment
Employers should establish, distribute to all employees, and enforce a policy prohibiting harassment and setting out a procedure for making complaints. In most cases, the policy and procedure should be in writing. If the business conducts a prompt, thorough, and impartial investigation of any complaint that arises and undertakes swift and appropriate corrective action, it will have fulfilled its responsibility to "effectively prevent and correct harassment."
An employer's anti-harassment policy should make clear that the employer will not tolerate harassment based on race, sex, religion, national origin, age, or disability, or harassment based on opposition to participation in complaint proceedings. The policy should also state that the employer will not tolerate retaliation against anyone who complains of harassment or who participates in an investigation.
Employers should also create a complaint procedure and make that procedure public to all employees. The employer should encourage employees to report harassment to management before it becomes severe or pervasive. The employer should designate more than one individual to take complaints and should ensure that these individuals are in accessible locations. The employer also should instruct all of its supervisors to report complaints of harassment to appropriate officials. The employer should assure employees that it will protect the confidentiality of harassment complaints to the extent possible.
It is advisable for an employer to designate at least one official outside an employee's chain of command to take complaints, to assure that the complaint will be handled impartially.
More resources for developing sexual harassment policies and procedures are widely available on the web. Also, you can look at the resources listed in another section of this webpage.
I have to arrange for training for my organization
The U.S. Equal Employment Opportunity Commission (EEOC) presents a wide variety of fee-based technical assistance and training programs at locations throughout the country geared to employers and employees in the private, state and local, and federal sectors. Training available includes one day, half day and multi-day Technical Assistance Program Seminars (TAPS). Some customized training programs can be arranged for delivery at individual employer facilities. EEOC's Technical Assistance Program Seminars and other training programs provide practical, how-to-do-it information and assistance to encourage voluntary compliance with federal laws prohibiting job discrimination based on race, color, religion, national origin, sex , age or disability. EEOC's TAPS and customized training programs and the various technical assistance manuals and materials associated with these programs are made available under the auspices of the EEOC Education, Technical Assistance and Training Revolving Fund Act of l992, which authorizes the Commission to charge reasonable fees to cover costs of providing specialized, in-depth education and training on EEO laws.
Many private organizations and individuals also offer training. You can find them on the internet or through professional organizations. A good research librarian can undoubtedly help you find the kind of training you're looking for. Also, you can look at the resources listed in another section of this webpage.
