WEBVTT

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Most of us know that we
all share a responsibility

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for preventing sexual harassment
and harassment in the workplace.

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But one of the challenges we face on a
day to day basis is recognizing it.

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Hey, Brit... Nice. Is that new?

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You guys like it?

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Don't take it personally, man.
It's just that time of the month.

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See we've bet Hal over there twenty
bucks that you're not really a blonde.

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Before we go any farther, let's take
a minute to review the definition

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of sexual harassment.

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Sexual harassment is defined as...

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Unwelcome sexual advances,
requests for sexual favors,

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and any other verbal or physical
conduct of a sexual nature...

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when submission to or
rejection of such conduct

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is used as the basis for
employment decisions...

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or such conduct has the
purpose or effect of...

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creating an intimidating,
hostile work environment.

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But, like I said, it's not enough to
understand the legal definition.

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We have to know what sexual
harassment looks like in the real world.

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So, you're about to see
some examples of things

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that happen all the time in the workplace.

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After each example, you'll have
the opportunity to talk about it.

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Your discussion should focus on
answering these two questions:

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First, is the situation simply an
example of inappropriate behavior

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or is it sexual harassment?

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And second, if the situation
isn't sexual harassment,

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under what circumstances could
it become sexual harassment?

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Being able to answer those
two questions is important

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because they're the kinds of questions
that will help us put things in context,

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recognize the warning signs, and stop
sexual harassment before it starts.

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Hey there, Kenny.

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Oh, hi.

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How's it going.

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Okay, I guess.

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Listen. I was just wondering...
Are you doing anything this weekend?

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Why?

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Well, I was thinking maybe you'd
want to go out or something.

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You know, a movie. Dinner. Whatever.

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Look... I like you and everything,
but I wish you'd quit asking me.

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I mean, like I told you, I'm
seeing somebody already.

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Oh, come on. It's not like that.

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I just don't want to sit
around the apartment all weekend.

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And I thought, "Hey, Kenny would
be fun to have dinner with."

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I'm buying.

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Because the woman in this scene has
been repeatedly asking the man out,

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and he has obviously said no, then
her behavior is, at the very least,

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inappropriate - and if it continues it
could lead to a hostile work environment.

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If a manager learns of the behavior,
they should put a stop to it immediately.

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Keep in mind that if the
woman was his manager,

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and she used her supervisory
position to affect his work environment

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based on his willingness to go out, then
her actions could also subject both her

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and the organization to a quid pro
quo sexual harassment lawsuit.

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There is abolutely no toleration for

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quid pro quo actions in the
workplace by the courts.

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Hey, check this out!

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You know she's going to
find out who's doing this.

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No, she won't. I've got a
buddy down in IT I send these to

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and he forwards them
anonymously forwards them out.

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We've been doing it for three weeks.

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Yeah... That is pretty good.

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I know, right?

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You know what? I think it's time we sent this
little message on it's merry way.

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From the comments made in this example,

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it's clear that the alteration of
pictures has been going on for some time

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and that they've been widely distributed.

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This example provides an important lesson

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The picture to which the
co-worker's face has been added

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is not a centerfold or
anything sexual explicit.

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However, liability for sexual
harassment doesn't depend on

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whether the conduct is
sexual in nature or not.

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The issue is - Are women being
treated differently than men?

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Or in the alternative - Are men are
being treated differently than women?

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If only women or only men are
the ones receiving the pictures,

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then the behavior is not only unprofessional

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it may also be considered
harassment and discrimination.

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So, Rick! How was the honeymoon?

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It was nice! We had a good time.

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I bet you did! You do any sight seeing?

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Very funny!

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I bet he didn't leave the room!

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Whatever he did, it put a smile on his face!

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Tell me... was it all you - or
did you need a little help?

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Although the coworkers'
behavior is inappropriate,

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this probably wouldn't be
considered sexual harassment

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because it appears to be a one-time incident.

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However, if the newlywed continued to be
the brunt of sexual jokes and innuendos

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or if the statements
continually became more graphic

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the group's behavior
could easily cross the line

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from simply inappropriate and
unprofessional to unlawful.

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Man, I'm telling you, you're going to lose.

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I don't think so.

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Hey, Deb.
Settle something for us, will ya?

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What's that?

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Me and the guys have a pool going here.

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Oh... You and the guys?

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Yeah... Me, Rick, and Jason...

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See we've bet Hal over there twenty
bucks that you're not really a blonde.

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Simply asking a question about
a woman's natural hair color

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isn't unlawful in and of itself.

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But here both the facts that the men
convey that they have a bet going

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and that one of them is laughing
at the question as it's asked

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makes this an example of borderline behavior.

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It's clearly
inappropriate and unprofessional.

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If the woman complains, the behavior needs
to be addressed by management immediately.

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In addition, if the question had been asked
while staring at the woman's lower body

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or if the man had asked the question:
"are those real?" while looking at her chest,

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then it would probably be considered
hostile environment sexual harassment.

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Hi. Can I help you?

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Ahh... Yes, you can.
But we can talk about that later.

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Right now I'm here to see Dr. Lenann.

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As an isolated incident, this
would not be sexual harassment.

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It could become sexual
harassment if the man continues

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to make these kinds of comments,
even after the woman asks him to stop

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and her employer becomes aware of the
customer's behavior but does nothing about it.

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Keep in mind that an
employer can be held liable

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for failing to provide a workplace
free of harassment and discrimination,

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regardless of who is doing the harassing:
employee, customer, vendor or visitor.

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So, how much longer?

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45 minutes.

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I hate these things.
You drive two hours for a 30 minute meeting.

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Hey, I know. Susan, you
can help me with this.

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(Dean takes a Victoria's Secret
catalog out of his briefcase.)

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What do you think of these?

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I'm trying to decide on what to
get my wife for her birthday.

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Ah, I don't know.

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Oh, come on. Sure you do.
Does this lacy stuff do anything for you?

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Or is that, like, too scratchy or something?

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You wear stuff like this, right?

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I mean, I don't want to
get the wrong thing and then she...

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...makes me take it back.
You know what I'm saying?

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The man's behavior in this example
borders on becoming sexual harassment.

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If he continues to ask her
questions after she asks him to stop

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and particularly if the
questions imply a sexual connotation

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directed at the coworker for example,

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I know how my wife would look in this,

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but I'd like to see how you would look

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then it may well cross the
line into sexual harassment.

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So how was your date
with special agent Smith?

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Oh... Jason is a nice enough guy...
but there just wasn't any chemistry.

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I think a second date would be a
waste of time - for both of us!

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United States attorney's office...

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Hi, Jason...

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Ah, that sounds like fun but I don't think so...

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No... I have other plans.

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Oh... Okay. Thanks anyway... bye!

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Hi Lori!

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Jason! How are you?

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Good. Listen, I've got a couple of
tickets to an art exhibition tonight.

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What do you say?

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Oh...

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Sorry but... I have other plans.

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Come on! It'll be fun! I'll pick you up at 7.

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Look... Jason.

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I'm just not interested.
Why don't you ask someone else?

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Because I'm asking you!

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What do you say we catch
dinner at that new Italian place?

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The answer is "No!" I don't
want to go out with you.

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Please don't ask me again!

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Yeah... sure...

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Maybe some other time.

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In this situation, the
woman clearly told the man

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to stop asking for a second date.

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While he did back down, you're left
with the impression that he'll be back.

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If the woman informs the supervisor,
and the supervisor fails to take action

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to stop the behavior, the man, the
supervisor, and the organization itself

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could face charges of hostile
environment sexual harassment.

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Oh, man. My shoulder's killing me.

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Here. Let me work that out for you.

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Just relax, alright.
This will help. Trust me.

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This is not sexual harassment.

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It is, however, an example of
inappropriate touching in the workplace.

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While it may be well intentioned

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the physical contact is
uninvited and obviously not welcomed.

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If the behavior persists, and
particularly if it's accompanied by comments like

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why don't you come by tonight and
I'll really get you loosened up

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then it could be
considered sexual harassment.

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Remember, it doesn't matter if a
person is sexually harassed by

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someone of the same or opposite sex.

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Either situation could lead to a lawsuit.

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Whoa... Not bad.

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It gets better.

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I see what you mean. You could
bounce a quarter off of those.

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Based on the reaction of the women in
this example, we have to assume that

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this isn't the first time this
kind of behavior has taken place.

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In that case, it's possible that
a court would find this to be

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hostile environment sexual harassment –
even though the man is not an employee.

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For example, if male co-workers are aware of

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and offended by what the women are doing,

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then their behavior could result
in a hostile environment lawsuit.

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Hey, Karen.

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Yeah.

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What do you think of my banana?

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Oh, grow up.

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Hey, you know what they say.

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A banana a day helps keep the stress away...

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The man's comments and his
body language in this scenario

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clearly indicate a sexual connotation.

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Even though the actual
words he uses are not explicit,

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if the behavior continues,

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both he and the organization could
face charges of sexual harassment.

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What a day! I'm glad that's over with!

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Well, don't keep me in suspense! How'd I do?

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You did fine.

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I was so nervous.
Could you tell my legs were shaking?

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Well, I was looking at your legs,
but I didn't see them shaking.

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The man's comments in this
situation are obviously inappropriate.

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But beyond that, his comments
have a sexual overtone to them.

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Even though it's subtle in nature,
his body language and tone of voice

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clearly implied something beyond
a casual glance at her legs.

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These kinds of comments - no matter how
well intentioned or innocently made

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can easily lead to charges of
hostile environment sexual harassment.

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And if the man is the woman's supervisor,

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and he used his position to
affect the woman's work environment,

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both he and his
organization could be held liable

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for quid pro quo sexual harassment.

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Here. Let me get that for you.

00:17:01.570 --> 00:17:02.971
That's okay. I can do it.

00:17:02.971 --> 00:17:04.028
No, no. I'll get it.

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I wouldn't want you to hurt your back
and ruin your evening with Debbie.

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This example illustrates why
simply knowing how a federal law

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applies to your workplace isn't enough.

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For example, a number of state
and local laws offer protection

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from harassment discrimination that
goes above and beyond federal law.

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In this case, the woman has
clearly been singled out

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because of her implied sexual orientation.

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Under federal law, discrimination
based on sexual orientation

00:17:40.950 --> 00:17:43.600
is not protected in the private sector.

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Federal government workers are
protected from such discrimination.

00:17:47.729 --> 00:17:51.118
However, in several states
and local jurisdictions,

00:17:51.118 --> 00:17:55.020
there are laws which provide
protection from harassment and discrimination

00:17:55.021 --> 00:17:58.943
based on perceived – as well as
actual – sexual orientation.

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And if this kind of behavior
happens in one of those places,

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the coworkers may very well
end up on the wrong side of a

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hostile environment harassment lawsuit.

00:18:18.656 --> 00:18:20.456
I sent you two e-mails about that.

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Well, I didn't get them.

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And that's my fault because...?
Well, I didn't get them.

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And that's my fault because...?

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Look, I don't have time for this.

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Just get on the phone,
right now. Call radiology.

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And tell them I need those in
my hands before 10. Got it!

00:18:29.620 --> 00:18:31.285
Okay. Okay.

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Don't take it personally, man.
It's just that time of the month.

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I think we could all agree that the
"that time of the month" comment

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is clearly unprofessional and inappropriate.

00:18:51.220 --> 00:18:53.400
But it's equally clear that such comments

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could only be made about females, not males.

00:18:56.514 --> 00:19:00.810
While an isolated comment like this
would most likely not create liability

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for sexual harassment, it
could be evidence of a hostile

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or intimidating environment
based on gender or sex.

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Even though the comment doesn't
have a sexual connotation or intent.

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If a supervisor or manager
becomes aware of the comments,

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he or she should put a stop
to the behavior immediately.

00:19:26.657 --> 00:19:33.885
Happy birthday dear Jessica!
Happy birthday to you!

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Come here birthday girl! Congratulations!

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This is not an example of sexual harassment.

00:19:53.709 --> 00:19:57.541
However, since it was obvious the
woman did not welcome the contact,

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it is certainly inappropriate.

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Because appropriate touching varies
so much between different people,

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the best advice is to keep close
personal contact to a minimum

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and always on a professional level.

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For example, a congratulatory handshake.

00:20:12.056 --> 00:20:16.409
Beyond that, unless you are absolutely
sure that your contact is welcomed

00:20:16.410 --> 00:20:20.228
by the other person, it's probably
best not to touch them at all.

00:20:30.199 --> 00:20:31.170
You wanted to see me?

00:20:31.171 --> 00:20:32.285
Come on in.

00:20:33.028 --> 00:20:34.580
I bought this picture last night.

00:20:34.590 --> 00:20:37.085
Can you just hold it up on the wall
- I want to to see how it looks?

00:20:38.739 --> 00:20:39.539
There?

00:20:39.540 --> 00:20:41.142
To the right just a little bit.

00:20:42.771 --> 00:20:45.400
Perfect, perfect. You know...
I didn't notice this before.

00:20:45.714 --> 00:20:46.485
What's that?

00:20:46.760 --> 00:20:49.142
One of those women looks
an awful lot like you.

00:20:58.980 --> 00:21:01.759
This is an example of inappropriate behavior

00:21:01.760 --> 00:21:04.514
that could easily become sexual harassment.

00:21:04.515 --> 00:21:07.351
To begin with, the man's
comment that the woman

00:21:07.359 --> 00:21:09.848
resembles one of the
nude women in the picture

00:21:09.849 --> 00:21:12.638
when she is clearly
uncomfortable with the situation

00:21:12.639 --> 00:21:15.048
is not a step in the right direction.

00:21:15.048 --> 00:21:18.940
In addition, if he persists in
keeping the picture in his office

00:21:18.940 --> 00:21:23.228
after the woman objects,
or if he makes more overt gestures

00:21:23.228 --> 00:21:27.150
or comments about the woman in
relation to the nude women in the picture

00:21:27.151 --> 00:21:30.429
there could be grounds for a
hostile environment lawsuit.

00:21:43.028 --> 00:21:45.371
Hey, Brit... Nice. Is that new?

00:21:45.714 --> 00:21:46.885
You guys like it?

00:21:47.113 --> 00:21:49.856
Yeah, some of our best friends wear those.

00:21:49.856 --> 00:21:50.541
Really?

00:21:50.542 --> 00:21:52.771
They're good dancers, too.
Are you a good dancer?

00:21:53.456 --> 00:21:54.084
I guess.

00:21:54.085 --> 00:21:56.713
That settles it. See...
the next time you need some extra cash...

00:21:56.714 --> 00:21:58.885
we can set you up at Big Al's.

00:21:59.914 --> 00:22:01.800
What are you talking about?

00:22:02.139 --> 00:22:04.656
You've got the hardware.
You can dance.

00:22:04.657 --> 00:22:06.400
So... You'd fit right in.

00:22:18.827 --> 00:22:20.856
The actions of the men in this example

00:22:20.857 --> 00:22:24.120
are clearly inappropriate
in almost any workplace.

00:22:24.129 --> 00:22:28.568
And their behavior could also be on the
verge of being considered sexual harassment

00:22:28.569 --> 00:22:32.869
even though it initially appeared that the
female was displaying the body jewelry

00:22:32.870 --> 00:22:34.742
in a manner inviting comment.

00:22:35.100 --> 00:22:39.369
Although they didn't say anything
explicit, comparing their female coworker

00:22:39.370 --> 00:22:42.714
with dancers at the local bar
clearly offends the woman.

00:22:43.090 --> 00:22:46.249
If she tells them to stop
and the behavior continues,

00:22:46.250 --> 00:22:50.800
a court may find the behavior to be
evidence of hostile environment harassment.

00:22:51.289 --> 00:22:55.658
In addition, if a supervisor or
manager becomes aware of what's going on,

00:22:55.942 --> 00:22:58.960
he or she must put a stop to it immediately.

00:23:08.560 --> 00:23:10.938
What it all comes down to is this...

00:23:10.939 --> 00:23:15.348
Preventing sexual harassment is about
recognizing what's going on around us

00:23:15.349 --> 00:23:17.149
and then making good decisions.

00:23:17.150 --> 00:23:20.138
So, if we see or hear about
the kinds of situations

00:23:20.138 --> 00:23:22.320
that we've talked about in this program

00:23:22.321 --> 00:23:24.601
we don't just walk away or laugh it off.

00:23:24.950 --> 00:23:29.200
We let someone who's in a position to
deal with it know what's going on.

00:23:29.529 --> 00:23:32.369
And finally, preventing
sexual harassment means...

00:23:32.370 --> 00:23:36.798
Making sure that we're treating
coworkers, customers, vendors

00:23:36.798 --> 00:23:41.400
anyone we deal with in the workplace
with absolute dignity and respect.

00:23:41.400 --> 00:23:44.428
Not just because it will
help us stay out of court.

00:23:44.429 --> 00:23:46.943
But because it's the right thing to do.