Lets consider some of the steps you can take if you are a victim of sexual harassment. 1. 2. 3. 4. 5. 6.

State your objections clearly to the harasser. Let him/her know you disapprove of his/her advances Compile a record of offensive behavior displayed. Save the distasteful email/voicemail/text message for future reference Be consistent let your verbal communication line up with your non verbal. Dont send mixed signals Talk with other victims and together take a stand against this behavior. There is strength in numbers. Talk to your HR professional and be prepared to fight the case. Dont be intimidated or humiliated. Speak up! Speak out! If necessary get legal advice and take legal action, especially if there is a case of wrongful dismissal

Victims off sexual harassment can become traumatized by the experience so much so that they become physically sick resulting in increased sick leave and reduced productivity. Their self esteem would be shattered and they either become quite withdrawn or promiscuous. Human Resource professionals are urged to establish a sexual harassment policy at the workplace and ensure that it is communicated to every member of staff. He/she should ensure that there is a grievance procedure in place and that the aggrieved person can register his/her complaints in a non threatening environment.

Read more: http://www.jamaicans.com/articles/advice/sexual-harassment-at-the-workplace.shtml#ixzz2H3G2uUf4

Sexual Harassment in the Workplace

Contributor: Audrey Allen, Member Services Committee

The International Labour Organization (ILO) describes sexual harassment in the workplace as any verbal or physical act with a sexual nature, performed in recruitment or in the workplace by a boss, manager, employee, client or customer of a working unit, that is unwelcomed by the person receiving it and has caused the person to feel violated, insulted, and being in an unbearable hostile environment. The U.S. Equal Employment Opportunity Commission defines this behavior as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature ...when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates an intimidating, hostile or offensive work environment. Workplace covers any place under the direct or indirect control of the employer that an employee needs to be present or go to in order to carry out work. It includes office and other locations where the job responsibilities are undertaken, such as offices of clients, destinations of business trips, venues of

business lunch/dinner, business branches, homes of clients, etc. and also the appropriate extension of the workplace, such as excursion, social activities, staff gathering after work that are organized by the company. There are different forms of sexual harassment in the workplace verbal, physical, visual. The verbal or physical acts with a sexual nature include joking or teasing with a sexual nature; continuous invitation to dinner or date despite rejection; intentional dissemination of hearsay with a sexual nature; enquiring for or sharing sexual experience; spreading, request for sexual intercourse; unnecessary physical contact; forced sexual intercourse; visual act would involve displaying a nude or image with apparent sexual contents. Sexual harassment in the workplace can be very damaging to the well being of an employee as well as the company. It destroys morale, build distrust, and affect productivity through frequent absences, illness, reduced efficiency, demotivation and resignations. It could result in emotional and stress-related illnesses, revulsion, anger, and frustration. It can affect promotion, loss of benefits through length of service on retirement, and job security. Recourse against sexual harassment can be by way of legal, but research has suggested that the best way is to develop and implement a policy. HR can play a leading role in preventing and correcting this behavior, through awareness, communication and civility can lead to the prevention of sexual harassment in the workplace. Employers can implement a policy and include the following steps to protect their company and employees: Create a written policy on sexual harassment. Immediately emphasize in the policy that the company will have zero tolerance for sexual harassment in the workplace. Also state that if a complaint is lodged, it will be thoroughly and quickly investigated. Educate all supervisors and staff about what constitutes sexual harassment. Clearly define sexual harassment so no one can claim that he/she did not know that the behavior was inappropriate. Publicize the policy throughout the workplace. Create a communication channel where complaints can be reported and also where natural embarrassment, reluctance and fear will be eliminated or minimized. Take speedy action to investigate and resolve all complaints. The policy should identify the individuals to whom a complaint can be made. It is usually the Manager, Human Resources or some other management official. It is wise to name at least two people to contact since one may be the harasser, and the company will need a neutral party to investigate. Communicate that offenders will be appropriately disciplined. When beginning the investigation, question the complainant first and then the alleged harasser. Ask open- ended questions and try not to be judgmental. Give the same attention and respect to both parties. Do not guarantee absolute confidentiality to either party but do try to keep the investigation as confidential as possible. After interviewing the parties involved, speak to any witnesses whose names have arisen in the investigation, and reiterate that they should also maintain confidentiality to prevent hurt feelings and further damage to the workforce. Evaluate all the evidence from every source. If the investigation is inconclusive, notify both parties that the investigation did not support the allegations and no corrective actions will therefore be taken. If the evidence, however, substantiates the complaint, take immediate steps to discipline the harasser. This may be a severe reprimand, suspension, or termination depending on the seriousness of the behavior and the disciplinary steps required to be followed in the companys policy. Warn the harasser if he/she is not discharged that any future sexual harassment or retaliation can result in possible termination. Tell the victim of HRs decision, apologize, and promise to stop any future sexual harassment or retaliation that may occur. Do not engage in any action towards the victim that may be interpreted as punishment for coming forward.

 Write a thorough report on all the findings. Summarize the allegations, responses and conclusions made. Allow both parties to read the report but do not give them copies so that confidentiality may be maintained. Monitor exit interviews for previously suppressed claims of sexual harassment and act on the complaints, even if the employee has left the job. It is suggested by the ILO that monitoring of both parties continue for up to one year to assure that sexual harassment has stopped and has not reoccurred. If HR consistently follows its company policy, train its employees to spot sexual harassment, and take swift corrective action if harassment does occur, these steps may prevent this type of misconduct. According to the ILO Committee of Experts on the Application of Conventions and Recommendations, sexual harassment is a form of sex discrimination and measures should be implemented to address this issue in the workplace. In several developed countries there are organizations that have the responsibility to advise persons who make charges of sexual harassment, to disseminate information and to train in the handling of sexual harassment cases. If managements intervention is ineffective, then one may consult a lawyer or contact an organization such as the Bureau of Womens Affairs to seek redress. While there is no Jamaican law on the subject of sexual harassment, it could become a legal issue depending on the extent of the harassment, for instance if it reaches the state of assault.

Question: What is sexual harassment?

Sexual harassment is a form of sex discrimination, a violation of Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commissions's guidelines define two types of sexual harassment: quid pro quo and hostile environment.
Answer: Question: What is quid pro quo sexual harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute quid pro quo sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
Answer: Question: What is hostile work environment sexual harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Answer: Question: What factors determine whether an environment is "hostile"?

The central inquiry is whether the conduct "unreasonably interfered with an individual's work performance" or created "an intimidating, hostile, or offensive working environment." The EEOC will look at the following factors to determine whether an environment is hostile: (1)
Answer:

whether the conduct was verbal or physical or both; (2) how frequently it was repeated; (3) whether the conduct was hostile or patently offensive; (4) whether the alleged harasser was a co worker or supervisor; (5) whether others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual. No one factor controls. An assessment is made based upon the totality of the circumstances.
Question: What are some specific examples of behavior that could be considered sexual harassment?

Direct or indirect threats or bribes for sexual activity, sexual innuendos and comments, sexually suggestive jokes, unwelcome touching or brushing against a person, pervasive displays of materials with sexually illicit or graphic content, and attempted or actual sexual assault are just some of the examples of sexual harassment.
Answer: Question: Who can be a victim of sexual harassment?

The victim may be either a woman or a man. The victim does not have to be of opposite different sex than the harasser. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Answer: Question: Can one incident constitute sexual harassment?

It depends. In quid pro quo cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits. In contrast, unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create a hostile environment. A hostile environment claim usually requires a pattern of offensive conduct. Nevertheless, a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical. For example, the EEOC will presume that the unwelcome, intentional touching of a charging party's intimate body areas is sufficiently offensive to alter the condition of his or her working environment and constitute a hostile environment."
Answer: Question: What can I do if I believe I have been sexually harassed at work?

You should notify your employer or supervisor immediately. If your employer has a sexual harassment policy in place, follow it, and expect your employer to follow it as well. Put complaints in writing. Take notes on the harassment and be specific in your details note the time and place of each incident, what was said and done, and who witnessed the
Answer:

actions. If your employer fails to take action, consult an attorney. Should you wish to gain more information or file a complaint, contact the EEOC. For more advice, review the section on Strategies for Victims. Act quickly; if you fail to act within a specific period of time, you may lose your ability to take legal action.
Question: What happens if I have been punished for reporting sexual harassment?

Under Title VII, retaliation for filing a complaint of sexual harassment or complying and participating in a sexual harassment investigation is illegal. Individuals who believe they have been retaliated against should contact the EEOC or an attorney immediately.
Answer: Question: When are employers liable for sexual harassment?

An employer can be liable for harassment by a supervisor if the harassment results in tangible employment action (firing, demotion, or unfavorable changes in assignment). An employer can also be liable for a supervisor creating a hostile work environment unless it can show that (1) the employer exercised reasonable care to prevent and promptly correct any harassment and (2) the employee unreasonably failed to take advantage of the companys preventive measures. An employer may be liable for harassment by the victims co-worker if it knew or should have known about the harassment and failed to take immediate and appropriate corrective actions.
Answer: Question: Can employers be held liable for nonemployees?

Employers may be held liable for the conduct of independent contractors, customers, and other nonemployees if the employer knew, or should have known, of the harassing conduct and did not take immediate and appropriate action to stop the behavior.
Answer: Misconceptions Concerning Sexual Harassment2

Some people ask to be sexually harassed. They do this with how they dress or how they act. They send "signals." Reality: Being subjected to sexual harassment is a painful, difficult, and frequently traumatic experience. Defenses such as "she wore provocative clothes" and "he enjoyed it" are neither acceptable nor accurate. Myth: If people really wanted to discourage or stop sexual harassment, they could. Reality: Often, the harasser is in a position to punish the recipient by withholding a promotion, giving a bad evaluation, or giving a low grade. In this society, men are known to rationalize their actions by saying that a women's "no" is really a "yes."
Myth:

Most charges of sexual harassment are false. Reality: People have nothing to gain from making false accusations and filing false charges. It is very difficult to file sexual harassment charges, and the system can be very hostile to accusers. Confronting the issue can be both physically and financially draining. Usually, victims are traumatized further by the entire process. Myth: If you ignore sexually harassing behavior, it will eventually stop. Reality: In a recent survey, only 29 percent of the women who said they tried to ignore the behavior said that it "made things better." More than 61 percent of the women said that telling the harasser to stop was the most effective method. Myth: Only women are sexually harassed; this does not happen to men, and all sexual harassment perpetrators are male. Reality: While women continue to experience most sexual harassment, men do get harassed by other men and by women. Currently, approximately 16 percent of EEOC claims involve men. Also, increasing numbers of women are being sexually harassed by other women. Myth: The seriousness of sexual harassment is exaggerated; most "harassment" is really minor and involves harmless flirtation. Reality: Sexual harassment can be devastating. Studies indicate that most harassment has nothing to do with flirtation or sincere sexual or social interest on the part of the perpetrators. And it is offensive, often frightening, and insulting to the victims. Research shows that victims must often leave school or jobs to avoid harassment. Many experience serious psychological and health-related problems. They may even be forced to relocate to other cities. Myth: We live in modern times, and sexual harassment is becoming less of a problem. Reality: Sexual harassment affects 40 percent to 60 percent of working women. Ten to 20 percent of men have experienced sexual harassment in the workplace. Approximately 15,000 sexual harassment cases are brought to the EEOC each year. Myth: Sexual harassment is inevitable when people are working together. Reality: While interactions between people may be inevitable, uninvited sexual overtures are not. Myth: A harasser has to have sexual intentions toward their target for the behavior to count as sexual harassment. Reality: Sexual harassment is a form of abuse, most commonly an abuse of
Myth:

power. Any unwanted sexual attention constitutes sexual harassment. The harasser's rationale does not change this fact.
The aims of the survey were to find out:

the prevalence of sexual harassment in Australian workplaces the types of sexual harassment experienced in Australian workplaces the nature of sexual harassment, including characteristics of those who experience harassment, characteristics of harassers and characteristics of workplaces where harassment occurs how sexual harassment is reported and the outcomes of complaints trends in the nature and extent of sexual harassment in Australia between 2003 and 2008.

1.2 Key findings

Sexual harassment continues to be a problem in our workplaces, despite some improvement since 2003[2]

The 2008 survey found that 22% of women and 5% of men aged 18-64 have experienced sexual harassment in the workplace in their lifetime, compared to 28% of women and 7% of men in 2003. Around one in three women in Australia aged 18-64 have experienced sexual harassment in their lifetime. The majority of sexual harassment continues to be experienced in the workplace (65%). Nearly half of those who have been sexually harassed in the last five years report that it has also happened to someone else in the same workplace. Over one in ten Australians have witnessed sexual harassment in the workplace in the last five years. 4% of Australians have experienced sexual harassment in the workplace in the last five years, compared to 11% in 2003. There is a lack of understanding about what sexual harassment is

o o o

Around one in five (22%) respondents who said they had not experienced sexual harassment[3] then went on to report having experienced behaviours that may in fact amount to sexual harassment under the Sex Discrimination Act 1984 (Cth). For example: 5% reported behaviour(s) that included physical harassment such as unwelcome touching, hugging, cornering or kissing, inappropriate physical contact, or actual or attempted rape or assault. 10% reported being subject to unwelcome sexually suggestive comments or jokes that made them feel offended. 9% reported being subject to unwelcome intrusive questions about their private life or physical appearance that made them feel offended. The large majority of sexual harassment goes unreported to employers and other bodies

The number of people who have formally reported or made a complaint after experiencing sexual harassment has significantly decreased over the last five years.[4] Only 16% of those who have been sexually harassed in the last five years in the workplace formally reported or made a complaint, compared to 32% in 2003.

 o o o o

For those who did not make a complaint: 43% did not think it was serious enough 15% were fearful of a negative impact on themselves 21% had a lack of faith in the complaint process 29% took care of the problem themselves. Sexual harassment includes a range of behaviours, both physical and non-physical

o o

o o

For survey respondents who experienced sexual harassment in the last five years: the most common type of sexual harassment reported was unwelcome sexually suggestive comments or jokes that made the respondent feel offended (56%) around one in three (31%) reported some kind of physical harassment, including unwelcome touching, hugging, cornering or kissing, inappropriate physical contact, or actual or attempted rape or assault around one in five said they were subjected to sexually explicit emails or SMS messages women were more likely to experience physical sexual harassment, compared to men. 35% of women reported some kind of physical harassment, compared to 25% of men. Sexual harassment is a problem for all employers small, medium and large

In the 2008 survey, there was an even spread of employer size among those who had experienced sexual harassment in the last five years 39% worked for large employers, 30% medium employers and 31% small employers.[5] This is a similar finding to the 2003 survey.

1.3 Recommendations
The findings of the 2008 national telephone survey bring attention to six key areas for action to reduce the incidence and impact of sexual harassment. These are: 1. 2. 3. 4. 5. 6. Prevention and reporting of sexual harassment Increasing reporting of sexual harassment Better legal protection from sexual harassment Monitoring of sexual harassment Better support for victims of sexual harassment Further research on sexual harassment

Area for action

Recommendations

1. Prevention of sexual harassment

Pre-employment education

1.1 State and territory education departments should introduce targeted education programs in secondary schools to increase knowledge and understanding of sexual harassment in the workplace, and build skills to

enable employees to respond to sexual harassment. These could be:

built into curriculae which addresses employment relations, including general bullying and harassment, pay and working conditions and/or career education built into the National Council to Reduce Violence against Women and Childrens school program on respectful relationships.

Employer education on responsibilities and liability

1.2 The Australian Human Rights Commission should update and promote Effectively preventing and responding to sexual harassment: A Code of Practice for Employers, for employers and human resource professionals to increase knowledge of best practice sexual harassment prevention and response frameworks. 1.3 Employer groups and associations should promote the Effectively preventing and responding to sexual harassment: A Code of Practice for Employers amongst their membership.

Employer policies and training

o o o

1.4 Employers should comply with the Commissions, Effectively preventing and responding to sexual harassment: A Code of Practice for Employers with particular reference to: developing and implementing a formal sexual harassment policy providing regular training to employees monitoring the incidence of sexual harassment and reviewing the effectiveness of policies through regular workplace audits. 1.5 The Australian Government should fund the Australian Human Rights Commission to work with relevant Australian Government agencies and small business representative groups to develop and promote the use of specific sexual harassment training guidelines for small business. Sharing knowledge of good practice in sexual harassment prevention

1.6 The Equal Opportunity for Women in the Workplace Agency should keep an online database of good practice sexual harassment policies, prevention programs and practices for sharing amongst employers.

2. Reporting of sexual Reporting of sexual harassment in the workplace

harassment

2.1 Every employer small, medium and large - should have a sexual harassment complaints procedure readily accessible to employees, as set out in the Commissions Effectively preventing and responding to sexual harassment: A Code of Practice for Employers. Complaints to the Australian Human Rights Commission

2.2 The Australian Government should increase funding to ensure the Australian Human Rights Commission is adequately resourced to (i) continue to provide information to ensure people understand the law and rights and responsibilities under the law and (ii) ensure the ongoing provision of an efficient and effective complaint service.*6+ Senate and Legal Constitutional Affairs Committee Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality.*7+

3. Better legal protection from sexual harassment

3.1 The Australian Government should adopt the recommendations contained in the Australian Human Rights Commissions submission to the Senate and Legal Constitutional Affairs Committee Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality. In particular the Act should be amended as follows: In Stage One (for immediate introduction)

Amend the reasonable person standard in the definition of sexual harassment so as to include a reference to the individual circumstances and characteristics of the victim. Extend coverage of sexual harassment to better protect workers from sexual harassment by customers, clients and other persons with whom they come into contact in connection with their employment Extend sexual harassment protection to all students regardless of their age. Extend sexual harassment to provide protection to students from all staff members and adult students, not just those at their own education institution. In Stage Two (for introduction within three years)

Consider enacting a free standing prohibition against sexual harassment in public life.

Consider imposing a positive duty to avoid sexual harassment. Monitoring sexual harassment in the workplace

4. Monitoring of sexual harassment

4.1 The Australian Government should fund the Equal Opportunity for Women in the Workplace Agency or the Australian Human Rights Commission to develop an audit kit to assist employers to monitor the incidence of sexual harassment. National data collection and monitoring

4.2 The Australian Government should fund the Australian Human Rights Commission to repeat its national telephone survey every five years in order to track trends in the nature and extent of sexual harassment. The survey should use questions based on the definition of sexual harassment and questions based on specific behaviours to track trends in the level of understanding of sexual harassment.

5. Better support for Support for employees in the workplace those who experience sexual harassment 5.1 Employers should ensure that, where the employer already provides an employment assistance program, the employer offers the program to employees who have experienced sexual harassment in the workplace. Increase capacity of other support services to provide support to victims of sexual harassment

5.2 Support services such as working womens centres, womens and mens counselling services, womens legal services and sexual assault services should be provided specific funding to increase their capacity to provide support to victims of sexual harassment.

6. Further research 6.1 Australian researchers should undertake further research to examine: on sexual harassment

(a) Organisational policies and practices which are most effective in preventing and responding to sexual harassment. (b) The nature of workplace contexts and cultures where sexual harassment occurs. (c) The use, effectiveness, accessibility and experience of workplace and

external complaints processes in remedying sexual harassment. (d) The experience of sexual harassment among employees of culturally and linguistically diverse backgrounds, employees with a disability, Aboriginal and Torres Strait Islander employees and gay and lesbian employees. (e) The experience of sexual harassment among employees under the age of 18. (f) The longer term impacts and outcomes of sexual harassment on victims, such as future employment opportunities, and effects on family and peer dynamics.