WEBVTT 00:00:46.554 --> 00:00:49.134 Most of us know that we all share a responsibility 00:00:49.145 --> 00:00:51.707 for preventing sexual harassment in the workplace. 00:00:51.904 --> 00:00:56.098 But one of the challenges we face on a day to day basis is recognizing it. 00:00:56.280 --> 00:00:58.621 Sexual harassment is defined as... 00:00:58.632 --> 00:01:02.407 Unwelcome sexual advances, requests for sexual favors, 00:01:02.418 --> 00:01:05.980 and any other verbal or physical conduct of a sexual nature... 00:01:05.990 --> 00:01:09.317 when submission to or rejection of such conduct 00:01:09.328 --> 00:01:12.018 is used as the basis for employment decisions... 00:01:12.029 --> 00:01:14.701 or such conduct has the purpose or effect... 00:01:14.712 --> 00:01:18.217 of creating an intimidating, hostile work environment. 00:01:18.586 --> 00:01:21.896 But... it's not enough to understand the legal definition alone... 00:01:21.907 --> 00:01:25.584 we have to know what sexual harassment looks like in the real world... 00:01:25.594 --> 00:01:30.053 and its consequences on each other... and the organization. 00:01:30.422 --> 00:01:34.602 So, you're about to see various situations that happen all the time in the workplace. 00:01:34.613 --> 00:01:37.723 After each example, you'll have the opportunity to talk about it. 00:01:37.842 --> 00:01:40.957 Your discussion should focus on answering these two questions: 00:01:41.404 --> 00:01:45.816 • First, is the situation simply an example of inappropriate behavior - 00:01:45.827 --> 00:01:48.050 or is it sexual harassment? 00:01:48.258 --> 00:01:51.569 • And second, if the situation isn't sexual harassment, 00:01:51.580 --> 00:01:55.584 under what circumstances could it become sexual harassment? 00:01:55.766 --> 00:01:59.326 Being able to answer those two questions is important because 00:01:59.337 --> 00:02:02.929 they're the kinds of questions that will help us put things in context, 00:02:02.940 --> 00:02:07.956 recognize the warning signs, and stop sexual harassment before it starts. 00:02:14.474 --> 00:02:16.560 Oh... What a day! 00:02:16.622 --> 00:02:18.107 Well, that's over with. 00:02:18.185 --> 00:02:20.966 Well... don't keep me in suspense! How did I do? 00:02:21.122 --> 00:02:23.482 You did... 00:02:23.638 --> 00:02:24.972 fine. 00:02:25.654 --> 00:02:27.669 I was so nervous. 00:02:27.710 --> 00:02:28.747 Could you tell? 00:02:28.794 --> 00:02:30.392 My legs were shaking. 00:02:30.902 --> 00:02:32.115 Well... 00:02:32.262 --> 00:02:34.177 I was looking in your legs, but... 00:02:34.208 --> 00:02:35.880 I didn't see them shaking. 00:02:37.325 --> 00:02:38.396 Seriously? 00:02:38.435 --> 00:02:40.029 What he did... 00:02:40.403 --> 00:02:42.520 All of that hard work was completely disregarded 00:02:42.552 --> 00:02:44.552 because of his stupid comment. 00:02:44.630 --> 00:02:45.474 I mean... 00:02:45.568 --> 00:02:48.005 talk about making me feel... 00:02:48.083 --> 00:02:49.818 devalued. 00:02:50.068 --> 00:02:52.568 I thought I was an important part of the team... 00:02:52.786 --> 00:02:54.802 or not... 00:02:55.239 --> 00:02:56.619 He's my boss. 00:02:56.630 --> 00:02:58.115 He should know better. 00:02:58.693 --> 00:03:00.646 I'm going to talk to somebody about this. 00:03:05.107 --> 00:03:08.802 The manager's actions in this situation are obviously inappropriate. 00:03:08.936 --> 00:03:10.505 Even though it was subtle in nature, 00:03:10.516 --> 00:03:13.103 his comments, body language, and tone of voice 00:03:13.114 --> 00:03:15.021 clearly implied something sexual. 00:03:15.233 --> 00:03:17.082 These kinds of comments can easily lead 00:03:17.093 --> 00:03:20.192 to charges of hostile environment sexual harassment. 00:03:20.343 --> 00:03:24.317 This situation is all the worse because the harasser is her boss. 00:03:24.373 --> 00:03:27.176 She is doing the right thing by reporting him... 00:03:27.187 --> 00:03:28.333 and getting help. 00:03:35.310 --> 00:03:38.170 I know that your ideas are a bit... aggressive, 00:03:38.181 --> 00:03:39.467 which I like... 00:03:39.624 --> 00:03:45.319 and untill increase sales by 15%! Which is huge for my business. 00:03:45.516 --> 00:03:48.608 Um... Traci...I, 00:03:48.619 --> 00:03:52.631 I... um... I... I... I appreciate the vote of confidence in me. 00:03:52.756 --> 00:03:54.641 I've always thought highly of you. 00:03:54.791 --> 00:03:58.084 Well, Ah...I guess, I... ah... 00:03:58.160 --> 00:04:00.647 Hey...just relax. 00:04:01.578 --> 00:04:05.506 So... Mark, when do you think you'll have the marketing team support in place 00:04:05.517 --> 00:04:07.734 so that we can execute this plan for Traci? 00:04:07.744 --> 00:04:12.756 Well I could... I can have... the uhh... um... I mean my team... yeah our team... 00:04:12.766 --> 00:04:14.584 I'm, I'm hoping we can 00:04:14.594 --> 00:04:17.912 maybe have something within two... three weeks? 00:04:17.953 --> 00:04:20.928 Oh, I bet you are ready all the time! 00:04:22.713 --> 00:04:24.320 OK... hah... 00:04:24.331 --> 00:04:27.030 well, until Mark can provide us with an exact date, 00:04:27.041 --> 00:04:29.698 I think we can wrap this up early. 00:04:29.885 --> 00:04:32.616 Um... Mark and I will talk further and get to you on that date. 00:04:32.657 --> 00:04:34.588 Thank you so much for meeting with us today. 00:04:34.599 --> 00:04:35.776 We'll be back in touch soon. 00:04:35.786 --> 00:04:36.836 Ok. 00:04:36.892 --> 00:04:39.773 Just don't forget to give the customer what she wants. 00:04:41.470 --> 00:04:43.117 Sounds good... 00:04:43.257 --> 00:04:44.710 Talk about uncomfortable. 00:04:44.945 --> 00:04:46.460 I thought I was in a dream. 00:04:46.554 --> 00:04:47.788 I mean, what was Traci thinking. 00:04:47.861 --> 00:04:50.945 No. Scratch that. I know exactly what she was thinking! Hm... 00:04:51.349 --> 00:04:53.349 I mean, she's very attractive, but... 00:04:53.609 --> 00:04:55.350 what she was doing, it... 00:04:55.361 --> 00:04:57.100 threw me completely off guard. 00:04:57.157 --> 00:04:59.936 Had Kim not been there... to help out 00:04:59.947 --> 00:05:01.709 I don't know what I would have done. 00:05:01.897 --> 00:05:03.444 Now, I just... 00:05:03.967 --> 00:05:06.225 I just want to avoid Traci at all costs. 00:05:06.343 --> 00:05:08.308 But she's one of my most important accounts 00:05:08.319 --> 00:05:10.461 so that means I have to work with her - 00:05:10.472 --> 00:05:11.052 don't I? 00:05:15.266 --> 00:05:17.772 It's clear that Traci made Mark very uncomfortable 00:05:17.783 --> 00:05:21.053 with her openly physical, sexual behavior and comments. 00:05:21.180 --> 00:05:23.106 This type of behavior is illegal 00:05:23.117 --> 00:05:26.325 and will most likely lead to hostile environment sexual harassment 00:05:26.336 --> 00:05:27.789 if it continues. 00:05:27.955 --> 00:05:30.273 Kim was an active bystander in this situation. 00:05:30.323 --> 00:05:33.492 When witnessing Traci's behavior - and Mark's reaction - 00:05:33.586 --> 00:05:37.601 Kim helped remove him from the situation to prevent further harassment. 00:05:37.805 --> 00:05:40.468 A bystander who intervenes as smoothly as Kim, 00:05:40.479 --> 00:05:44.071 does a great service to her co-workers and the organization. 00:05:44.246 --> 00:05:47.376 Now, Kim or Mark need to discuss this problem customer 00:05:47.387 --> 00:05:50.433 with their management and HR to figure out what to do 00:05:50.443 --> 00:05:52.871 to keep anything like this from happening again- 00:05:52.881 --> 00:05:55.105 to Mark or any other employee. 00:05:55.271 --> 00:06:00.119 That might mean upsetting Traci, and maybe even the loss of Traci's business. 00:06:00.285 --> 00:06:02.791 But Mark's employer has a legal obligation 00:06:02.802 --> 00:06:06.260 to provide him with a workplace free of sexual harassment, 00:06:06.363 --> 00:06:09.819 and it can be very costly for employers who allow customers 00:06:09.830 --> 00:06:12.193 to sexually harass their employees. 00:06:18.792 --> 00:06:21.460 Josh singled. But then Phil struck out. 00:06:21.506 --> 00:06:23.808 So then we were down to two outs...and... 00:06:23.819 --> 00:06:26.147 I was really hoping that we'd be able to... 00:06:27.126 --> 00:06:29.694 My friends are going to love this post! 00:06:30.479 --> 00:06:33.444 Now that's a masterpiece! 00:06:33.610 --> 00:06:36.413 Seriously? I can't believe he just did that. 00:06:36.500 --> 00:06:39.303 And now he's talking about putting it on the Internet. 00:06:39.436 --> 00:06:41.108 Talk about stupid. 00:06:41.202 --> 00:06:42.108 I mean, 00:06:42.119 --> 00:06:45.411 did he miss all the sexual harassment training we've gone through? 00:06:49.820 --> 00:06:50.710 The woman in this scene 00:06:50.721 --> 00:06:54.288 has clearly been made the target of improper sexual behavior. 00:06:54.361 --> 00:06:58.131 The male co-worker crossed the line in terms of unprofessional behavior. 00:06:58.281 --> 00:07:00.881 If he continues his actions and posts the image, 00:07:00.892 --> 00:07:04.147 his behavior could be the basis of disciplinary action and 00:07:04.158 --> 00:07:07.100 even a hostile environment sexual harassment lawsuit. 00:07:07.344 --> 00:07:11.968 Some state anti-discrimination laws allow targets of harassment to sue individuals, 00:07:11.979 --> 00:07:13.788 not just employers. 00:07:13.960 --> 00:07:16.266 I doubt this employee is ready to pay the price 00:07:16.277 --> 00:07:18.958 for his photo-taking social media posts. 00:07:27.270 --> 00:07:28.809 Hey, Vick. Got a second? 00:07:28.866 --> 00:07:29.699 Sure. What's up? 00:07:29.724 --> 00:07:33.063 I was just wondering if you had a chance to look at any of my numbers... 00:07:33.074 --> 00:07:33.621 that I just... I... 00:07:33.646 --> 00:07:35.605 Shoot! I'm so sorry... 00:07:35.615 --> 00:07:37.824 Haha... Hey... while you're down there... 00:07:38.012 --> 00:07:39.309 Grow up! 00:07:39.412 --> 00:07:40.762 Seriously!?! 00:07:40.850 --> 00:07:41.637 What?!? 00:07:41.719 --> 00:07:43.590 She knows I'm was just kidding... 00:07:44.756 --> 00:07:45.684 Are you kidding me? 00:07:45.746 --> 00:07:47.658 I've had it with Greg's constant barrage 00:07:47.668 --> 00:07:49.637 of sexual jokes and innuendo. 00:07:49.777 --> 00:07:51.599 I mean, he has to watch the news, right? 00:07:51.629 --> 00:07:53.572 Seriously, look at all the people getting fired 00:07:53.599 --> 00:07:55.864 even sued for sexual misconduct! 00:07:56.139 --> 00:07:58.139 I just don't get it. 00:07:58.271 --> 00:07:59.351 I mean... 00:07:59.362 --> 00:08:00.849 we've all been through the training. 00:08:00.911 --> 00:08:02.208 He should know better. 00:08:06.718 --> 00:08:10.958 Greg's comments and his body language clearly indicate a sexual connotation. 00:08:11.045 --> 00:08:15.083 His meaning is implied - and a sexual innuendo is clear. 00:08:15.164 --> 00:08:19.353 If Vicky is right about Greg constantly making sexual jokes and innuendos, 00:08:19.364 --> 00:08:22.083 then the inappropriate behavior is pervasive. 00:08:22.234 --> 00:08:24.081 Both Greg and the organization 00:08:24.092 --> 00:08:27.255 could face charges of hostile environment sexual harassment. 00:08:34.606 --> 00:08:35.956 Oh... Hey there, Kenny. 00:08:36.100 --> 00:08:36.987 Oh, hi. 00:08:37.137 --> 00:08:38.315 How's it going? 00:08:38.512 --> 00:08:39.784 Okay, I guess. 00:08:39.996 --> 00:08:41.550 Hey listen. I was just wondering... 00:08:41.662 --> 00:08:43.487 Are you doing anything this weekend? 00:08:44.309 --> 00:08:44.956 Why? 00:08:45.050 --> 00:08:47.847 I don't know, I just thought maybe you'd want to go out or something. 00:08:47.942 --> 00:08:49.222 You know, a movie. Dinner. 00:08:49.299 --> 00:08:50.143 Whatever. 00:08:51.496 --> 00:08:53.713 Look... I think your cool and everything, 00:08:53.724 --> 00:08:55.373 but I wish you'd quit asking me. 00:08:55.476 --> 00:08:58.232 I mean, like I told you, I'm seeing somebody already. 00:08:58.320 --> 00:08:59.982 Oh, come on. It's not like that. 00:09:00.148 --> 00:09:02.654 I just don't want to sit around the apartment all weekend. And... 00:09:02.664 --> 00:09:06.060 I just thought, Kenny would be fun to go out and have a drink with. Or dinner. 00:09:06.357 --> 00:09:07.295 I'm buying. 00:09:07.383 --> 00:09:09.748 I've tried to be nice and tell her that I'm not interested. 00:09:10.148 --> 00:09:11.466 But now I'm at a point... 00:09:11.850 --> 00:09:13.435 I don't know what else to say. 00:09:14.126 --> 00:09:16.388 It's like she not taking NO for an answer. 00:09:16.585 --> 00:09:19.138 And...the hard part is... she's my boss. 00:09:19.303 --> 00:09:22.045 I mean, if I don't go out with her at some point... 00:09:22.242 --> 00:09:23.216 well... 00:09:23.446 --> 00:09:25.439 things might get more difficult for me around here... 00:09:25.466 --> 00:09:26.224 know what I mean? 00:09:30.459 --> 00:09:33.149 This manager has been repeatedly asking a co-worker, 00:09:33.160 --> 00:09:38.115 and he has obviously said no, thus her behavior is, at the very least, 00:09:38.126 --> 00:09:42.612 inappropriate - and if it continues it could lead to a hostile work environment. 00:09:42.872 --> 00:09:46.034 Her actions could subject both her - and the organization - 00:09:46.045 --> 00:09:47.781 to a sexual harassment lawsuit. 00:09:54.259 --> 00:09:55.336 So, Rick! 00:09:55.758 --> 00:09:57.008 How was the honeymoon? 00:09:57.096 --> 00:09:58.867 It was nice! We had a good time. 00:09:58.954 --> 00:10:00.898 I bet you did! Hah... 00:10:00.976 --> 00:10:02.336 Do any sight-seeing? 00:10:02.398 --> 00:10:03.430 (laughing) 00:10:03.476 --> 00:10:04.430 Very funny! 00:10:04.480 --> 00:10:06.195 I don't think he even left the room! 00:10:06.273 --> 00:10:11.383 Ha... Well... whatever he did, certainly left a smile on his face! 00:10:11.689 --> 00:10:13.502 So, tell me... 00:10:13.513 --> 00:10:15.487 was it all you - 00:10:15.497 --> 00:10:17.643 or did you need a little help? 00:10:17.768 --> 00:10:21.096 I get that they were just teasing me and probably didn't mean anything by it... 00:10:21.246 --> 00:10:22.612 but I didn't like it. 00:10:22.903 --> 00:10:24.903 My personal life is my own. 00:10:25.351 --> 00:10:29.034 Besides, it just got uncomfortable talking about my private life. 00:10:29.440 --> 00:10:32.237 I wonder what would have happened if Michelle was the one being teased? 00:10:37.137 --> 00:10:39.018 Although their behavior was inappropriate, 00:10:39.029 --> 00:10:41.696 this probably wouldn't be considered sexual harassment 00:10:41.707 --> 00:10:43.686 if it were an isolated incident. 00:10:43.774 --> 00:10:48.757 However, if the newlywed continued to be the brunt of sexual jokes and innuendos - 00:10:48.768 --> 00:10:51.067 or if the statements became more graphic - 00:10:51.077 --> 00:10:54.494 the group's behavior could easily cross the line from simply inappropriate 00:10:54.505 --> 00:10:57.333 and unprofessional to unlawful. 00:10:57.451 --> 00:11:00.497 The totality of circumstances, over time, will determine 00:11:00.508 --> 00:11:04.108 whether this incident is part of a sexually hostile work environment. 00:11:10.789 --> 00:11:14.655 ...happy birthday to you... 00:11:14.665 --> 00:11:18.389 Oh, thank you so much! Thank you! Thank you! 00:11:18.498 --> 00:11:22.514 Hey... happy birthday! Congratulations! 00:11:22.601 --> 00:11:23.780 Happy birthday. 00:11:23.868 --> 00:11:25.483 Happy birthday. 00:11:26.118 --> 00:11:29.965 Apparently, there are some people who just don't get hints... 00:11:29.976 --> 00:11:33.873 why should I have to say anything? Couldn't he see I didn't want a hug? 00:11:34.236 --> 00:11:36.661 Honestly, I just wish he would stop. 00:11:40.952 --> 00:11:43.953 If this was an isolated incident between these two co-workers, 00:11:43.980 --> 00:11:46.152 it wouldn't be considered sexual harassment. 00:11:46.216 --> 00:11:50.519 However, since it was obvious, she did not welcome the contact, 00:11:50.530 --> 00:11:52.538 it is certainly inappropriate. 00:11:52.797 --> 00:11:56.425 Because appropriate touching varies so much among different people, 00:11:56.436 --> 00:12:00.237 the best advice is to keep close personal touch to a minimum 00:12:00.247 --> 00:12:02.737 and always on a professional level. 00:12:02.825 --> 00:12:06.893 For example, a congratulatory handshake or fist bump. 00:12:07.183 --> 00:12:09.526 Beyond that, unless you are absolutely sure 00:12:09.537 --> 00:12:12.680 that your contact is welcomed by the other person, 00:12:12.690 --> 00:12:14.477 it's best... not to touch them at all. 00:12:21.251 --> 00:12:24.352 Oh... this post is hilarious... 00:12:24.424 --> 00:12:26.071 Look at how trashed she is. 00:12:26.082 --> 00:12:27.602 What the heck? 00:12:27.732 --> 00:12:29.977 She's almost like upside down. 00:12:30.173 --> 00:12:31.305 I know! 00:12:31.383 --> 00:12:32.327 Oh, 00:12:32.337 --> 00:12:33.930 now that's comedy! 00:12:34.026 --> 00:12:36.665 I bet all the other guys would love to see this side of her... 00:12:36.675 --> 00:12:37.415 don't you think? 00:12:37.503 --> 00:12:38.837 Yah! Um... 00:12:38.848 --> 00:12:40.305 I think that you should... 00:12:40.316 --> 00:12:42.017 take that photo and... Hey! Guys, guys... 00:12:42.596 --> 00:12:44.250 you can't be doing this sort of thing. 00:12:46.181 --> 00:12:47.594 Rick, are... 00:12:47.605 --> 00:12:48.875 are you serious? 00:12:50.141 --> 00:12:51.951 You know... and I know... 00:12:52.044 --> 00:12:53.029 this is wrong. 00:12:53.232 --> 00:12:54.810 Just let it go! 00:12:55.288 --> 00:12:57.237 I know a lot of our personal stuff gets out there - 00:12:57.248 --> 00:12:59.951 with social media being such a big part of our lives. 00:13:00.460 --> 00:13:02.998 But I wouldn't want to share my stuff with co-workers. 00:13:03.242 --> 00:13:06.935 I mean, the last thing anyone needs is someone sharing videos or images 00:13:06.946 --> 00:13:08.201 that need to stay personal... 00:13:08.211 --> 00:13:09.068 know what I mean? 00:13:13.850 --> 00:13:16.308 This is not an example of sexual harassment 00:13:16.319 --> 00:13:18.580 because we don't know that there was anything sexual 00:13:18.591 --> 00:13:20.201 about the social media post 00:13:20.212 --> 00:13:22.623 and we don't know that these social media pranksters 00:13:22.634 --> 00:13:25.794 would have had the same reaction if the person in the post was male. 00:13:26.162 --> 00:13:30.099 However, since it was obvious the pictures could have a negative impact - 00:13:30.110 --> 00:13:32.604 both personally and professionally - 00:13:32.615 --> 00:13:35.561 it's certainly inappropriate to share them with co-workers. 00:13:35.727 --> 00:13:38.974 Also, a share of this image could be one of the pieces of evidence 00:13:38.985 --> 00:13:42.631 in other kinds of litigation the employee might have against the employer 00:13:42.642 --> 00:13:44.736 or against the two employees. 00:13:45.292 --> 00:13:49.439 Rick's intervention was brave and helpful to everyone. 00:13:49.542 --> 00:13:51.178 Whenever you are a bystander 00:13:51.189 --> 00:13:56.052 who sees or hears something inappropriate at work or among co-workers, 00:13:56.063 --> 00:14:00.881 you can prevent things from going too far by actively intervening in some way. 00:14:01.133 --> 00:14:03.335 You can speak up in the moment, like Rick, 00:14:03.346 --> 00:14:06.907 or take other action, such as talking to your co-workers later, 00:14:06.918 --> 00:14:08.526 or giving HR a heads-up. 00:14:14.932 --> 00:14:16.526 So, we're having their birthday party this weekend 00:14:16.537 --> 00:14:17.480 and we're going to take them bowling... 00:14:17.526 --> 00:14:18.683 Oh... Oh... nice... 00:14:18.755 --> 00:14:20.558 Hey! You guys... he's coming! 00:14:27.950 --> 00:14:28.888 Oh... 00:14:29.044 --> 00:14:29.903 Not bad, right? 00:14:29.914 --> 00:14:31.263 Oh my God! Wow! 00:14:31.274 --> 00:14:34.403 You could bounce a quarter off those! Oh my God! 00:14:34.475 --> 00:14:35.801 What's the harm? I mean, 00:14:35.827 --> 00:14:38.780 I don't go around harassing people like the "other gender" does. 00:14:38.883 --> 00:14:41.733 I'm just checking out the fine men that come into this department. 00:14:41.789 --> 00:14:43.155 This guy's pretty hot. 00:14:43.289 --> 00:14:44.905 Besides, he doesn't even work here. 00:14:49.196 --> 00:14:52.295 This one incident probably isn't sexual harassment, 00:14:52.311 --> 00:14:54.530 but it is certainly inappropriate. 00:14:54.665 --> 00:14:56.592 Based on the employee's comments, we have to assume 00:14:56.603 --> 00:14:59.936 that this isn't the first time this kind of behavior has taken place. 00:14:59.970 --> 00:15:04.044 So, it is likely to reoccur if he has to deliver to this location again 00:15:04.055 --> 00:15:05.577 and nothing is done about it. 00:15:05.868 --> 00:15:08.210 And as it gets repeated or escalated, 00:15:08.221 --> 00:15:11.667 it could rise to the level of unlawful sexual harassment. 00:15:12.083 --> 00:15:16.254 Interestingly, the delivery man's employer has the duty of protecting him 00:15:16.265 --> 00:15:20.496 from sexual harassment - even if it takes place at another company's location 00:15:20.507 --> 00:15:24.292 and even if the harassers are not employees of the delivery company. 00:15:24.690 --> 00:15:27.111 Once the delivery man's employer knows about this, 00:15:27.128 --> 00:15:30.388 it has a duty to take whatever actions are within its control 00:15:30.399 --> 00:15:34.763 to stop this from happening again - such as notifying the employer of the problem. 00:15:35.148 --> 00:15:38.292 That means, the harassers won't get off the hook for their behavior, 00:15:38.303 --> 00:15:42.482 even though they might not be sued under employment laws for sexual harassment. 00:15:43.101 --> 00:15:44.373 It's also important to note, 00:15:44.384 --> 00:15:47.560 that any gender can unlawfully harass another other gender. 00:15:47.670 --> 00:15:50.748 Women can harass men, women, and transgender people; 00:15:50.885 --> 00:15:53.670 men can harass women, men, and transgender people; 00:15:53.789 --> 00:15:57.482 and transgender people can harass men, women, and transgender people. 00:15:57.757 --> 00:16:01.099 The employee's belief that she is somehow immune from liability 00:16:01.110 --> 00:16:03.237 for her sexually inappropriate behavior... 00:16:03.248 --> 00:16:04.560 is incorrect. 00:16:11.085 --> 00:16:14.935 I'm really starting to get creeped out by the new guy on the team. 00:16:15.173 --> 00:16:17.623 He's always staring at me in meetings. 00:16:18.023 --> 00:16:19.576 You know how some guys are. 00:16:19.617 --> 00:16:21.617 Nooo... This is different. 00:16:21.689 --> 00:16:23.560 He's not just checking me out... 00:16:23.991 --> 00:16:25.748 every time I look in his direction, 00:16:25.759 --> 00:16:27.138 he's just there... 00:16:27.149 --> 00:16:28.763 staring at me. 00:16:29.630 --> 00:16:30.606 That is weird. 00:16:30.732 --> 00:16:32.529 You know what makes it really weird? 00:16:32.595 --> 00:16:34.622 I don't know how he got my number and... 00:16:36.303 --> 00:16:39.779 Whoa, and now I'm beyond creeped out. 00:16:39.928 --> 00:16:41.928 Look at this text he sent me! 00:16:43.188 --> 00:16:45.013 I don't know what to do... 00:16:45.029 --> 00:16:48.100 because he's not saying or touching me, 00:16:48.111 --> 00:16:50.732 but... it's the way he looks at me. 00:16:51.417 --> 00:16:53.091 So how do you report that? 00:16:53.473 --> 00:16:57.341 And now he's texting me. I just want to come to work and do my job. 00:16:57.545 --> 00:17:01.262 I really enjoy the people I work with - 00:17:01.273 --> 00:17:04.124 without any weirdness - if you know what I mean. 00:17:09.618 --> 00:17:13.101 Based on the non-verbal sexual body language of the male co-worker 00:17:13.112 --> 00:17:15.625 and the reaction of the woman in this example, 00:17:15.635 --> 00:17:19.140 it's clear that the woman is very uncomfortable with his behavior. 00:17:19.290 --> 00:17:22.100 His texting may also contribute to the harassment, 00:17:22.111 --> 00:17:24.703 as her phone number was not given to the co-worker. 00:17:24.869 --> 00:17:26.869 We don't know the content of the texts, 00:17:26.879 --> 00:17:29.973 but if we did, it might contribute to the problem. 00:17:30.232 --> 00:17:33.801 It's important to remember that sexual harassment can take many forms. 00:17:33.841 --> 00:17:37.491 It can be verbal, as with jokes, comments, or propositions. 00:17:37.664 --> 00:17:41.741 It can be visual, as in written notes, cartoons, or objects. 00:17:41.891 --> 00:17:46.194 It can be electronic, as in e-mails, social media posts, and texts. 00:17:46.312 --> 00:17:51.276 And it can be physical, as with touching, gesturing, or leering and staring. 00:17:51.472 --> 00:17:55.681 If the behavior - non-verbal or electronic - does not stop, 00:17:55.692 --> 00:17:58.057 it may lead to a hostile work environment. 00:18:05.286 --> 00:18:09.666 I'm really hoping that the project will wrap up by this quarter so we can... 00:18:09.738 --> 00:18:10.510 Ah... 00:18:12.909 --> 00:18:14.994 That is an angry text. Who are you doing? 00:18:15.019 --> 00:18:17.823 Telling him... "leave me alone loser". 00:18:17.910 --> 00:18:19.698 Who? What... what's he doing? 00:18:19.739 --> 00:18:20.698 Look what he sent me? 00:18:20.755 --> 00:18:22.874 Oh... gross! I know! 00:18:22.885 --> 00:18:25.213 I don't need to see his junk! No... 00:18:25.628 --> 00:18:27.838 Ah... See! 00:18:28.541 --> 00:18:31.853 "I love it when you talk dirty to me?" This guy needs help! 00:18:31.956 --> 00:18:35.916 I have NO idea how we got to this point... 00:18:36.082 --> 00:18:38.690 I mean, we've worked on several projects together, 00:18:38.701 --> 00:18:42.276 so some joking around and even some harmless flirting has happened... 00:18:42.286 --> 00:18:44.119 I mean lots of people do that. 00:18:44.457 --> 00:18:45.463 But this time... 00:18:45.566 --> 00:18:47.073 he's crossed the line... 00:18:47.201 --> 00:18:49.201 and he thinks it's funny. 00:18:49.573 --> 00:18:50.885 I don't! 00:18:55.472 --> 00:18:58.917 Joking can make the workplace fun, but it is also an area 00:18:58.928 --> 00:19:03.339 that can easily cross the line from being inappropriate to being illegal. 00:19:03.599 --> 00:19:07.081 In this case, the two co-workers have joked with each other in the past 00:19:07.092 --> 00:19:10.075 and it sounds like each of them welcomed the humor - 00:19:10.085 --> 00:19:11.214 for a while. 00:19:11.351 --> 00:19:13.991 At some point that stopped for the female, 00:19:14.002 --> 00:19:18.812 but the male co-worker has kept it up and has taken the joking too far. 00:19:19.087 --> 00:19:22.609 People who work together sometimes engage in 'harmless flirting'. 00:19:22.712 --> 00:19:26.390 As long as that behavior is welcome for those who are flirting, and... 00:19:26.400 --> 00:19:29.999 those who are around to see it, it isn't sexual harassment. 00:19:30.164 --> 00:19:32.506 When someone changes their mind, however 00:19:32.517 --> 00:19:35.639 the welcomeness ends, and it's time to stop. 00:19:35.977 --> 00:19:37.875 Sending a picture of genitalia 00:19:37.886 --> 00:19:41.218 or other private body parts is not 'harmless flirting.' 00:19:41.343 --> 00:19:43.492 It's clearly not OK, 00:19:43.503 --> 00:19:46.983 and her male co-worker is missing that very clear message. 00:19:47.118 --> 00:19:51.286 She needs help with the situation because he is not taking her protests seriously. 00:19:51.467 --> 00:19:54.865 Reporting the problem to a manager or HR is in order. 00:20:01.156 --> 00:20:03.046 I can have accounting to verify our receivables... 00:20:03.057 --> 00:20:03.625 Guys... 00:20:03.650 --> 00:20:04.703 I don't think that... We did it! 00:20:04.775 --> 00:20:08.546 We actually hit the numbers and we are in the lead. We rock! 00:20:08.587 --> 00:20:10.453 That's awesome. Oh my God! Yes! 00:20:10.484 --> 00:20:12.656 We are so far ahead no one will catch us. 00:20:12.718 --> 00:20:14.859 Way to go! Yes! 00:20:16.362 --> 00:20:18.034 Lisa came up to me later and... 00:20:18.045 --> 00:20:20.862 and told me that she didn't appreciate that slap on the rear. 00:20:21.106 --> 00:20:21.940 I mean, 00:20:21.951 --> 00:20:24.751 I'm was just trying to treat her like one of the guys... you know, 00:20:24.762 --> 00:20:26.519 equal treatment for everyone. 00:20:26.975 --> 00:20:30.065 Geez, I guess I can't get anything right around here! 00:20:34.418 --> 00:20:36.021 Even though he had good intentions 00:20:36.032 --> 00:20:38.353 and thought he was just treating everyone equally, 00:20:38.364 --> 00:20:40.849 this manager's actions were inappropriate. 00:20:40.952 --> 00:20:44.400 Slapping any employee on the butt is inappropriate workplace behaviour 00:20:44.411 --> 00:20:47.255 and should not happen with any employee! 00:20:47.467 --> 00:20:51.763 Unwanted touching, swatting, rubbing or any other physical action of this type 00:20:51.774 --> 00:20:54.135 spells trouble in the workplace. 00:20:54.270 --> 00:20:55.779 It's best to keep physical contact 00:20:55.790 --> 00:20:59.180 to a minimum and always on a professional level. 00:20:59.395 --> 00:21:03.337 For example, a fist bump would have been more appropriate in this situation. 00:21:10.971 --> 00:21:12.712 I know how you got that promotion... 00:21:12.877 --> 00:21:13.837 Excuse me? 00:21:14.003 --> 00:21:15.055 Come on... 00:21:15.066 --> 00:21:18.134 you know... you scratch my back, and I'll scratch yours... 00:21:18.425 --> 00:21:19.462 What are you saying? 00:21:19.564 --> 00:21:21.040 Come on, Brooke! 00:21:21.050 --> 00:21:23.805 He used that same exact line on me last month. 00:21:23.893 --> 00:21:25.602 Chelsey, there's nothing going on... 00:21:25.627 --> 00:21:26.759 Oh Yea. Right. 00:21:26.941 --> 00:21:29.977 It was easy for me to put two and two together. 00:21:30.112 --> 00:21:33.868 Rick is notorious for wanting to "scratch backs." 00:21:34.143 --> 00:21:37.626 I knew Rick was a jerk and I obviously said no 00:21:37.637 --> 00:21:40.338 when he tried to pull out his old school charm on me. 00:21:40.535 --> 00:21:43.181 Did I get a promotion... no. 00:21:43.300 --> 00:21:46.744 And she gets a promotion for saying... yes! 00:21:46.998 --> 00:21:48.431 It's just not right! 00:21:53.113 --> 00:21:55.853 Clearly, there has been illegal action on the part of the manager 00:21:55.864 --> 00:21:58.608 who promised a promotion in return for sexual favors - 00:21:58.619 --> 00:22:01.728 and denied a promotion when the request was rejected. 00:22:02.129 --> 00:22:05.144 Because Chelsey didn't comply with her manager's request, 00:22:05.155 --> 00:22:07.155 she was passed up for a promotion. 00:22:07.352 --> 00:22:11.211 This may be grounds for a quid pro quo sexual harassment lawsuit - 00:22:11.222 --> 00:22:13.931 and that applies equally to Chelsey as well as Brooke. 00:22:14.090 --> 00:22:16.463 This behavior is clearly illegal. 00:22:23.284 --> 00:22:25.283 What it all comes down to is this - 00:22:25.294 --> 00:22:27.658 preventing sexual harassment is about recognizing 00:22:27.674 --> 00:22:30.830 what's going on around us and then making good decisions. 00:22:30.949 --> 00:22:33.408 Enough is enough, don't you think? 00:22:33.792 --> 00:22:36.408 So, if we see or hear about the kinds of situations 00:22:36.418 --> 00:22:38.392 that we've talked about in this program - 00:22:38.403 --> 00:22:41.064 we don't just walk away or laugh it off; 00:22:41.230 --> 00:22:45.283 we let someone who's in a position to deal with it - know what's going on. 00:22:45.715 --> 00:22:48.135 And finally, preventing sexual harassment means 00:22:48.146 --> 00:22:52.147 making sure that we're treating employees, coworkers, customers, vendors - 00:22:52.158 --> 00:22:54.322 anyone we deal with in the workplace - 00:22:54.333 --> 00:22:57.142 with absolute dignity and respect. 00:22:57.380 --> 00:22:59.890 Not just because it will help us stay out of court. 00:23:00.092 --> 00:23:03.109 But because it's simply... the right thing to do!