BJOC 1.8 - Sexual harassment

Terminal Performance Objective (TPO):

Given the need for student comprehension, the student will explain what constitutes sexual harassment and discrimination in the workplace in accordance with the Basic Jail Officer Reference Textbook.

BJOC 1.8 - Sexual harassment

Enabling Objective (EO’S):

As a result of this instruction, the student will be able to:

1.8.1.           Define sexual harassment.

1.8.2.           Describe conduct which would constitute sexual harassment.

1.8.3.           Describe conduct which would constitute a hostile work environment.

1.8.4.           Identify the steps required in response to sexual harassment.

1.8.5.           Describe the personal liability that attaches to an officer regarding sexual harassment.

1.8.6.           Identify benefits of ethical behavior and consequences of unethical behavior as it relates to sexual harassment.

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

•           The conduct is explicit or implied as a term or condition of an employment decision,

•           The submission to, or the rejection of, the conduct is the basis for employment decisions, and

•           The conduct unreasonably interferes with the worker’s performance or creates an intimidating, hostile, or offensive work environment.

EEOC – Equal Employment Opportunity Commission.

What actions constitute sexual harassment?

•           Jokes or cartoons that are sexual in nature

•           Sexually explicit pictures or words

•           Vulgar or obscene language directed toward staff or inmates

•           Repeated requests for dates, sexual innuendos, and propositions

•           Comments about a coworker’s body or sexual preferences

•           Practical jokes that are aimed at one sex only

•           Touching, fondling, pinching, kissing, or other sexual actions

No

 What is the court going to look at to support a claim of sexual harassment?

In all cases, the viewpoint is that of the harassed – the victim – not that of the alleged harasser.  If the offended person views the language, joke, or action as sexual in nature or unwelcome then, in most cases, the ruling will fall that it is sexual harassment.   A judge will look at the case from the perspective of the “reasonable woman” standard.  This is a measuring tool whereby if a reasonable woman would find the conduct or behavior as severe as to alter the terms or conditions of the working environment, then the judge will rule in favor of harassment.

 The first is quid pro quo.  This literally means “this for that”.  The second form is that of a hostile environment.  A hostile environment is a condition of abusive treatment that is motivated by a person’s sex and that makes the workplace feel intimidating or offensive.

 A hostile environment is a condition of abusive treatment that is motivated by a person’s sex and that makes the workplace feel intimidating or offensive.  The conduct, in this particular case, does not have to be sexual in nature.  Sexual Harassment involved harassment that is sexual in nature.

 A common example of this is a supervisor who denies an employee a promotion because that employee will not date the supervisor.  If the employee has to give in to either an explicit offering or one that is only implied it is considered quid pro quo harassment.  Each and every level of supervision in the detention facility is responsible for ensuring a safe and harassment free environment.  This is done by knowing that the law holds supervisors and employers liable for the on-the-job actions of their personnel.  Employers face liability if they knew or should have known about harassing behavior.  The legal responsibility is to ensure that employers take swift action on complaints.  In addition, if the supervisor was the harasser, then the employer can be held liable – whether or not they knew about the conduct.  Employees/employers can face sanctions as a result of failure to follow department policy/procedure, violations of federal law, and violations of state law.   In some cases an employer could be sued and in extreme cases an individual may have criminal charges filed against them. 

Avoid being involved in any situation that may be construed as harassment.  Employees/employers can face sanctions as a result of failure to follow department policy/procedure, violations of federal law, and violations of state law.   Employers face liability if they knew or should have known about harassing behavior.  The legal responsibility is to ensure that employers take swift action on complaints

The Prison Rape Elimination Act of 2003 was designed to deal with the issue of inmates being sexually assaulted while incarcerated.  The Act aimed to curb prison rape through a “zero-tolerance” policy, as well as through research and information gathering.

Tell the coworker to stop the action.

What actions should employers take to ensure that harassment is not happening in the work place?

The easiest way to ensure a healthy work environment, as a supervisor, is to make sure that all employees are acting in a professional manner.  Make sure that during roll call it is emphasized that behavior of a harassing nature:

·        will not be tolerated

·         all employees will use appropriate language, and

·        off color jokes/pictures will not be tolerated. 

What happens to a team when harassment is prevalent?

Operationally, when an officer harasses another member of the team, issues arise.  Those include:

•           an individual who is spending his or her time at work harassing others is not doing the job they were hired to do

•           an individual who spends time harassing someone else, is not conforming to policy and procedure. How can they be trusted to follow it at other times?

•           when someone is considered to be untrustworthy they are considered dangerous to themselves and others.  Do you want this person backing you up?