Improving Judicial Response to Sexual Harassment in the Courtroom

Running Time: 2 hours Materials: Flipchart and flipchart stand/chalkboard, markers, Handouts A, , ! Target Audience: "udges, court personnel, la#$ers, legal professionals

This session is intended as an opportunit$ for %udges, court personnel, and other legal professionals to strategi&e about impro'ing the %udicial response to se(ual harassment in the courtroom and in their profession generall$) This session #ill be most helpful after introductor$ sessions in #hich the d$namics of se(ual harassment are e(plored in depth *+ee Myths and Realities of Sexual Harassment; Causes and Theories of Sexual Harassment,) Facilitators ma$ #ant to prepare b$ identif$ing specific aspects of the local %udicial s$stem to be addressed in this training, and are encouraged to modif$ the learning ob%ecti'es and acti'ities accordingl$)

Introduction
Facilitator: The %udicial s$stem pla$s a crucial role in addressing se(ual harassment) "udges make decisions that affect the li'es of the 'ictim, the harasser and/or emplo$er, and potentiall$ other emplo$ees in the #orkplace) The %udicial s$stem can help protect 'ictims, help raise a#areness regarding se(ual harassment, ensure that perpetrators are held accountable, and pre'ent further harassment) -espite the fact that se(ual harassment is a #idespread problem, its 'ictims face man$ obstacles #hen the$ seek relief from the legal s$stem) -uring this session, #e #ill identif$ barriers in the legal s$stem that impede 'ictims. abilit$ to access %ustice) /e #ill then consider specific strategies to address these barriers)

Learning Objectives:
Facilitator: At the end of this session, participants #ill be able to: 0 0 0 1dentif$ barriers in the legal s$stem that impact 'ictims. abilit$ to access/achie'e %ustice in se(ual harassment cases) -e'elop strategies for o'ercoming barriers in the legal s$stem) Raise a#areness of se(ual harassment)

Activity 1: Sexual Harassment Definitions and Sources of Law

2) 3(plore participate kno#ledge/e(perience) Facilitator leads a session to identif$ the range of participants. e(perience and kno#ledge of se(ual harassment la#) Facilitator asks participants to discuss #hether and ho# often the$ are called upon to address se(ual harassment matters, as #ell as to describe *#hile maintaining pri'ac$, the general t$pes of cases the$ ha'e seen) Facilitator creates a list of general t$pes of se(ual harassment cases that participants ha'e seen or, if there are not man$ e(amples from personal e(perience, Facilitator can ask for e(amples of #hat the$ percei'e to be t$pical se(ual harassment cases) li! c"art Write down abbreviated descriptions of the cases as they are offered on a flipchart without any comments, notes or uestions for !"# minutes$ %fter discussin& the types of cases, post the list on the wall so it is visible throu&hout the trainin& wor'shop )

2) -iscuss fre4uenc$ and merit of se(ual harassment claims asserted) Facilitator asks participants to estimate, based on their personal e(perience, #hat percentage of se(ual harassment claims *2, ha'e merit, and *2, result in some t$pe of fa'orable resolution for the 'ictim) Also, ask #hether the$ can estimate ho# man$ #omen e(perience se(ual harassment in the #orkplace) Facilitator notes that #hile conclusi'e ans#ers on such 4uestions are not a'ailable, the a'ailable research is thought0 pro'oking:
(rovide Handout A

The #nited States 34ual 3mplo$ment 5pportunit$ !ommission *335!,, recei'ed 22,627 charges of se(ual harassment in 2778 *29: of #hich #ere filed b$ males,) 5f the 22,627 charges, 22,6;2 #ere resol'ed, #ith 0 <7: resulting in =merit resolutions,> #hich means charges #ith fa'orable outcomes for the charging part$ *the alleged 'ictim,, such as negotiated settlements, #ithdra#al of the charge after receipt of some desired benefit, or conciliations, 0 ?6: resulting in a determination of no reasonable cause to find harassment had occurred, and 0 2?: being closed for administrati'e reasons, such as inabilit$ to find a part$) 1n a recent sur'e$ of $ussian #omen: 0 277: of participants said the$ had been sub%ected to se(ual harassment b$ their bosses 0 <2: said the$ had had intercourse #ith their bosses at least once, and 0 8: claimed the$ had been raped) According to a stud$ completed in 2;;@ for the %uro!ean &ommission: 0 ?7067: of female emplo$ees e(perienced some form of se(ual harassment 0 harassers are o'er#helmingl$ men, #hile 'ictims are o'er#helmingl$ #omen 0 appro(imatel$ 60;: of 'ictims filed formal complaints, such as contacting a professional, super'isor or counselor *based on a re'ie# of research in 22 northern Member +tates,) /hat reaction do $ou ha'e to these statisticsA Are an$ of the numbers surprisingA

<) -efine se(ual harassment) Facilitator informs the participants that he/she #ants take a step back to discuss the definition of se(ual harassment as #ell as the sources of la# #hich define se(ual harassment) Facilitator makes the follo#ing preliminar$ points: There is no single definition of #hat constitutes prohibited beha'ior despite national and international efforts to address and eliminate se(ual harassment, but man$ definitions focus on beha'ior that is unwanted and causes "arm b$ creating a hostile #ork en'ironment or influencing the 'ictim.s emplo$ment or conditions of emplo$ment) Benerall$ speaking: 0 1nternational instruments define se(ual harassment broadl$ as a form of 'iolence against #omen and as discriminator$ treatment, 0 Cational la#s focus more closel$ on the illegal conduct) Facilitator: For purposes of this training, #e #ill use the 3uropean Dnion.s definitions, as adopted b$ the 3uropean Dnion !ouncil and Earliament in a 2772 amendment to the 2;89 34ual Treatment -irecti'e, #hich is printed on Handout A) '1 (ive participants time to read the definition) )acilitator may use, as an alternative to the *+ definition of sexual harassment, a le&al definition that is based on country"specific laws, if applicable$

?) -iscuss ke$ elements of se(ual harassment) Facilitator asks participants to de'elop a list of ke$ elements of a se(ual harassment claim, based on the 3D definition or the applicable la#: +e(ual harassment:

is unwanted) im!ro!er or offensive conduct can be verbal) non*verbal or !"ysical, e)g), comments about the target.s bod$, displa$s of pornographic material, or se(ual touching) relates or refers to t"e sex of t"e target) e)g), comments about the competence of #omen, derogator$ comments about a pregnant colleague #ho is #orking, or is sexual in nature) e)g), se(ual %okes or references to the target.s bod$ or se(ual life) ma$ be +uid !ro +uo "arassment: the 'ictim.s refusal or acceptance of beha'ior influences decisions concerning her emplo$ment or conditions of emplo$ment, e) g) a manager tells his assistant, FEerform a se(ual fa'or for me and $ou #ill G/ or $ou #ill notH get promoted> alternati'el$, ma$ create a "ostile wor, environment: The harasser or harassers. beha'ior creates an intimidating, hostile, degrading, humiliating or offensi'e en'ironment, e)g), male emplo$ees make dail$ comments o'er a long period of time about the se(ual life and bod$ of their female co0#orker #hich comments are audible to the co0#orker)

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%t this point, )acilitator may wish to as' participants for, or )acilitator may add, any examples that help explain$ Record the su&&estions on the flipchart for everyone to see$ 6) 3(amine applicable se(ual harassment la#) Facilitator pro'ides Handout and discusses rele'ant sources of 1nternational and Cational Ia# on se(ual harassment, including *depending on rele'ance,:
(rovide Handout .

#nited -ations: Resolution ?@/27?, -eclaration of the 3limination of Jiolence Against /omen, #hich: 0 defines 'iolence against #omen to include se(ual harassment, #hich is prohibited at #ork, in educational institutions and else#hereK and 0 encourages de'elopment of penal, ci'il or other administrati'e sanctions, as #ell as pre'entati'e approaches to eliminate 'iolence against #omen) Africa: Erotocol to the African !harter on Human and Eeoples. Rights on the Rights of /omen in Africa dictates that +tate Earties take appropriate measures to: 0 eliminate all forms of discrimination against #omen and guarantee e4ual opportunit$ and access in the sphere of education and training, 0 protect #omen from all forms of abuse *including se(ual harassment,, 0 ensure transparenc$ in recruitment, promotion and dismissal of #omen, and combat and punish se(ual harassment in education and the #orkplace) %uro!ean #nion: -irecti'e 2779/6?/3! and 2;89 34ual Treatment -irecti'e, as amended 0 notes that the !harter of Fundamental Rights of the 3uropean Dnion prohibits discrimination on the grounds of se( and enshrine the right to e4ual treatment bet#een men and #omen in all areas, including emplo$ment, #ork and pa$) 0 clarifies that se(ual harassment constitutes discrimination on the grounds of se( 0 obligates Member +tates to prohibit, at a minimum, beha'ior meeting the -irecti'e.s definition of se(ual harassment in the #orkplace) 0 encourages emplo$ers to take measures to combat all forms of se(ual discrimination and pre'ent harassment in the #orkplace)

#nited States: +ection 87<*a,*2, of Title J11, ?2 D)+)!) L 2777e02*a,, makes it unla#ful for emplo$ers to =Mfail or refuse to hire or to discharge an$ indi'idual, or other#ise to discriminate against an$ indi'idual #ith respect to his compensation, terms conditions or pri'ileges of emplo$ment, because of such indi'idualNs race, color, religion, se(, or national originG)H> The 34ual 3mplo$ment 5pportunit$ !ommission, charged #ith enforcing the la#, pro'ides guidance e(plaining that: 0 Title J11 does not proscribe all conduct of a se(ual nature in the #orkplace, onl$ un#elcome se(ual conduct that is a term or condition of emplo$ment) 0 un#elcome se(ual conduct constitutes se(ual harassment #hen Fsubmission to such conduct is made either e(plicitl$ or implicitl$ a term or condition of an indi'idualNs emplo$ment> 0 t#o t$pes of se(ual harassment ha'e been identified: *2, /+uid !ro +uo0 "arassment, #here an indi'idual.s submission to or re%ection of harassing conduct is used as the basis for emplo$ment decisions affecting the indi'idual, and /"ostile environment0 "arassment,

*2,

both of #hich are actionable as forms of se( discrimination) Although the t#o t$pes are theoreticall$ distinct claims, the line bet#een the t#o is not al#a$s clear and the$ often occur together: For e(ample, an emplo$ee.s tangible %ob conditions are affected #hen a se(uall$ hostile #ork en'ironment results in her constructi'e discharge) +imilarl$, a super'isor #ho makes se(ual ad'ances to#ard a subordinate emplo$ee ma$ communicate an implicit threat to ad'ersel$ affect her %ob status of she does not compl$) =Hostile en'ironment> harassment ma$ ac4uire characteristics of =4uid pro 4uo> harassment if the offending super'isor abuses his authorit$ o'er emplo$ment decisions to force the 'ictim to endure or participate in the se(ual conduct) +e(ual harassment ma$ culminate in a retaliator$ discharge if a 'ictim tells the harasser or her emplo$er she #ill no longer submit to the harassment, and is then fired in retaliation for this protest) Dnder these circumstances it #ould be appropriate to conclude that both harassment and retaliation in 'iolation of section 87?*a, of Title J11 ha'e occurred) See 335! #ebsite, http://###)eeoc)go'/polic$/docs/currentissues)html, 'isited 5ct) 26, 2778) 9) !larif$ concepts of hostile #ork en'ironment harassment) Facilitator notes that man$ people are confused about the concept of a hostile #ork en'ironment) Facilitator asks the participants to consider #hat kinds of facts might contribute to a hostile #ork en'ironment) 5n the flipchart, dra# a line 'erticall$ do#n the middle of the page and record these ans#ers on one side) !on'ersel$, ask the participants to describe facts #hich might undercut a claim of hostile #ork en'ironment) Record those responses on the other side) li! c"art )acilitator should be prepared to start the discussion with examples if necessary$ 3(amples of facts that might contribute to a hostile #ork en'ironment include: 0 se(ual comments or slurs

0 0 0

displa$s of se(uall$0oriented pictures, calendars or other materials un#anted se(ual ad'ances *including a range of conduct, from asking someone for se( to asking someone on a date,K a pattern of harassing conductK and, incidence of se(ual harassment directed to other emplo$ees in addition to the 'ictim)

3(amples of facts that might detract from a hostile #ork en'ironment claim include: 0 the alleged 'ictim participated in the conductK 0 the conduct #as an isolated incidentK and, 0 the 'ictim ne'er complained to a super'isor or other managerial personnel before bringing suit) Cote that these factors ma$ not be determinati'e alone, but are rele'ant considerations) 8) -iscuss participant e(perience) Facilitator should lead a discussion asking #hether, in their e(perience, %udges or %uries are more #illing to accept as true and punish certain t$pes of se(ual harassment cases, and con'ersel$ #hether %udges and %uries are more resistant to accepting or punishing other t$pes of cases) Ask the participants if the$ ha'e an opinion as to #h$ certain t$pes of cases are 'ie#ed #ith more skepticism or reluctance to punish) Dse this to segue into the ne(t t#o acti'ities, e(plaining that first $ou #ill discuss ho# cases come to court, and then $ou #ill discuss #hat barriers e(ist for 'ictims #ho #ant to file se(ual harassment cases in court)

Activity 1: Discussion of How Sexual Harassment &ases &ome to &ourt

2) Facilitator begins b$ asking the participants to describe ho# se(ual assault cases come before %udges in the courtroom, discussing cases that the$ ha'e seen in their practice, #hile maintaining the pri'ac$ of the indi'iduals in'ol'ed) Facilitator ma$ dra# the participants. attention to the follo#ing: /hat, if an$, are the specific se(ual harassment la#sA Are there possible criminal 'iolations in'ol'ed #ith a se(ual harassment claimA /hich ci'il/ administrati'e code pro'isions appl$ to se(ual harassmentA -escribe an$ other cases in $our practice in #hich se(ual harassment #as an issue) Are se(ual harassment claims an issue for other t$pes of cases, for instance #rongful terminationA !onstructi'e dischargeA Are the$ brought as counterclaims #hen emplo$ers bring suit against emplo$eesA system in the country of trainin& addresses sexual harassment$ )or instance, some countries have different standards for what constitutes a hostile wor' environment, and many countries do not have criminal sanctions for sexual harassin& conduct$ 2) Facilitator summari&es the results of the brainstorming dra#ing the participants. attention to the fact that the$ see e'idence of se(ual harassment in a 'ariet$ of cases in their practice)

,efore be&innin& this session, it is recommended that facilitators review how the le&al

Activity 2: Identifying .arriers in t"e Legal System to Accessing 3ustice

2) rainstorming on potential barriers) Facilitator leads brainstorming session to create a list of possible reasons that 'ictims of se(ual harassment choose not to enter the legal s$stem and potential barriers to #omen seeking relief through the courts)

Write down each idea as they are offered on a flipchart without any comments, notes or uestions for #"-. minutes$ %fter discussin& the ideas, post the list on the wall so it is visible throu&hout the trainin& wor'shop$ a) +tructural/administrati'e barriers) Ask participants to first consider factors that ma$ affect a 'ictim.s abilit$ to use the legal s$stem #hich are not personal to her, but rather are limitations presented b$ the s$stem itself) 3(amples: b) Hours of operation and/ or location of the courtK Fees associated #ith filing a caseK -ela$ in court proceduresK Monetar$ sanctions imposed against the perpetrator or emplo$erK etc) Eersonal/legal barriers) Ce(t, ask the participants to consider personal reasons that ma$ lead 'ictims to choose not to pursue a claim) 3(amples: '2 Feelings of guilt or embarrassment about se(ual harassmentK Fear the$ #ill be blamed for the conduct *accused of =asking for it> through beha'ior or dress,K Fear the$ #ill lose their %ob or suffer other reprisalK For professional #omen in particular, concern the$ #ill not be taken seriousl$ after filing a complaint or #ill be 'ie#ed as =troublemakers>K Fear the$ #ill be 'ie#ed as o'erreacting to =harmless> beha'ior) c) +ummar$ and relation to causes and theories) Facilitator summari&es the results of the brainstorming, adding points that #ere not brought up b$ the participants if necessar$) Facilitator ma$ also discuss the #a$s in #hich the personal reasons align #ith issues discussed in the =!auses and Theories of +e(ual Harassment> training module)

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2) 1dentif$ing barriers in fact patterns) Facilitator forms small groups of ?09 participants, distributes sample scenarios, flipchart sheets and markers and gi'es them the follo#ing task:
(rovide Handout &

-iscuss the scenario in $our group and identif$ the t$pes of barriers that #e %ust listed) 1n addition, identif$ an$ specific acts of the 'arious professionals mentioned in the scenario that the 'ictim encounters, #hich ma$ ha'e impeded a 'ictim.s access to %ustice) Record $our conclusions on a flipchart) Oou #ill ha'e 27 minutes for this task, after #hich $ou #ill report to the entire group) )acilitator should modify the scenarios provided as appropriate to illustrate problem areas specific to the country of trainin&$ /deally, each scenario will contain a combination of 0structural1 problems, i$e$ havin& to do with the physical and administrative aspects of the court, as well as le&al professionals2 attitudes and beliefs about sexual harassment$

<) -iscussing barriers identified) Facilitator recon'enes the entire group and has each small group report on their results: Ask a representati'e from one group to read or summari&e the scenario) Ask one or more other participant from the same group to displa$ the group.s flipchart sheet and e(plain their conclusions)

Allo# participants from the obser'ing group to ask the presenting group 4uestions about their findings) %s each &roup reports, record the main points of the &roup2s presentation, &roupin& li'e issues to&ether under ma3or cate&ories, i$e$ 0physical layout of court and hours of operation,1 0lac' of understandin& about sexual harassment le&islation,1 0problems that arise durin& the hearin& of the case,1 etc$ ,e aware that participants may focus on problematic conduct or acts of the professionals involved in each scenario$ 4)or example, the 3ud&e interrupts the victim and prevents her from tellin& her story$5 /f so, draw participants2 attention to possible omissions that may also have contributed to the situation described in the scenario$ )or example, the 3ud&e fails to as' the victim about other possible examples or incidence of harassin& conduct$ Repeat the process until each group has reported its conclusions and thank all the participants for their hard #ork) !onclude this acti'it$ b$ encouraging participants to consider other barriers after lea'ing toda$.s training session, and to be on the look out for them going for#ard)

Activity 4: Develo!ing Strategies for Im!roving t"e 3udicial $es!onse to Sexual Harassment
2) 1ntroduction) Facilitator: 1n the prior acti'it$, #e focused on identif$ing barriers in the legal s$stem for 'ictims of se(ual harassment #ho are tr$ing to obtain %ustice) The purpose of the ne(t e(ercise #ill be to strategi&e about concrete #a$s in #hich the %udicial s$stem can minimi&e these barriers and impro'e its response to cases of se(ual harassment) 2) +trateg$ de'elopment) Facilitator di'ides participants into small groups of ?09 participants and gi'es each group one of the categories listed on the flip chart from the pre'ious discussion) Facilitator gi'es each group pieces of flipchart paper and a marker and tells them that the$ #ill brainstorm and strategi&e about potential solutions to the problems listed in their categor$, classif$ing the solutions as either =immediate actions> *actions that can be undertaken no# #ith little or no e(pense, and =long0 term action> *acti'ities that re4uire e(tensi'e planning, coordination, technical assistance or funding,) Facilitator sho#s the participants a flipchart illustrating a continuum that #ill help them to conceptuali&e the range of acti'ities the$ can discuss, and gi'es them 27 minutes to complete the task) 6rior to the exercise, prepare a flipchart with the followin& continuum$ The flipchart can also include a sample problem and strate&ies to illustrate the purpose of the exercise7

Eroblem: 8ictims of sexual harassment may have little time to pursue a claim because the court2s hours of operation conflict with their wor' schedules$ Immediate Action Long*term Action

!ourt clerks can be trained to pro'ide fast, efficient direction to #omen seeking to initiate a claim, including ha'ing initiating paper#ork read$ to hand out #ith detailed directions to make the process easier)

!ourt #ebsite can be de'eloped to pro'ide guidance regarding ho# to start a claim, #ith forms that #omen can prepare in ad'ance to e(pedite the process)

!ourt can e(tend hours of operation to be open, for e(ample, one e'ening a #eek or one #eekend a month)

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%s participants wor' on the tas', move from &roup to &roup and help clarify their tas'$ )acilitator should prepare some possible strate&ies to assist each &roup if they find it difficult to brainstorm potential solutions$ /n addition, facilitator should encoura&e participants to focus on short"term achievable strate&ies, even if they are not complete solutions to the identified problems$ %lso, encoura&e them to thin' about ways that the 3udiciary interacts with other actors in the law enforcement system and possible actions they can ta'e as well$

<) -iscussion) Facilitator recon'enes the entire group and has each small group report on the strategies the$ ha'e de'ised) Facilitator encourages each group to comment on or elaborate on the possible strategies) 5ther strategies can be added to each flipchart sheet as the$ are raised)

&losing and Summary

Facilitator closes the training module b$ emphasi&ing the follo#ing points: The participants came up #ith creati'e and interesting solutions to some of the problems #omen face #hen tr$ing to access the %udicial s$stem in cases of se(ual harassment) Members of the legal profession ha'e a uni4ue role in addressing se(ual harassment) 1n addition to the strategies identified toda$, keep in mind that %udges and other members of the legal profession are often communit$ leaders, and can help shape a communit$.s response to se(ual harassment b$ mobili&ing other professionals and through e(ample) +ome specific actions that %udges and court personnel can take:

1nterpreting and enforcing the la# in #a$s that pro'ide %ustice for 'ictim and accountabilit$ for perpetrators of se(ual harassmentK 3stablishing courtroom policies and procedures to enhance access for 'ictims and ensure the$ are treated #ith dignit$ and respectK Treating se(ual harassment as a serious issueK Holding consistent training for court personnel on se(ual harassment)

Although man$ solutions #ill re4uire long0term and sustained efforts, the group also came up #ith a number of creati'e strategies that can be implemented immediatel$)

?) Facilitator asks the participants #hether the$ can each, as indi'iduals, make a commitment to tr$ to implement one or more of the short0term strategies) 1f the group is in agreement, facilitator asks each participant in turn to commit to an attainable goal and to tell the group #hat it is and #hat their timeline is for implementing it) Facilitator concludes b$ encouraging participants to #ork together and use each other, as #ell as other professionals, as resources in implementing these strategies) 5uestions and &omments: Facilitator should end the session b$ asking if there are remaining 4uestions or comments related to this material) Peeping track of feedback #ill allo# the facilitator to make useful changes to future presentations)
!op$right Q 277; The Ad'ocates for Human RightsK a'ailable from http://###)stop'a#)org) Eermission is granted to use this material for non0commercial purposes) Elease use proper attribution)

$% %$%-&%S 2) 2;89 -irecti'e on the 1mplementation of the Erinciple of 34ual Treatment for Men and /omen as Regards Access to 3mplo$ment, Jocational Training and Eromotion, and /orking !onditions 2) -irecti'e 2772/8</3! of the 3uropean Earliament and of the !ouncil of 2< +eptember 2772 amending !ouncil -irecti'e 89/278/33! on the 1mplementation of the Erinciple of 34ual Treatment for Men and /omen as Regards Access to 3mplo$ment, Jocational Training and Eromotion, and /orking !onditions, 5fficial "ournal I29;/26, 76/27/2772 E) 777207779) <) Tamar Ie#in, The Thomas CominationK A !ase +tud$ of +e(ual Harassment, C)O) Times, 5ct) 22, 2;;2, a'ailable at http://4uer$)n$times)com/gst/fullpage)htmlA resR;-7!38-@2F<3F;<2A2686<!2A;98;6@297, 'isited 5ct) 29, 277@)

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HA-DO#6 A +3SDAI HARA++M3CT +TAT1+T1!+ AC- -3F1C1T15C 17 #7S7 Statistics7 The 34ual 3mplo$ment 5pportunit$ !ommission in the Dnited +tates *335!,, #hich is charged #ith enforcing federal se(ual harassment la#s under Title J11, pro'ides these statistics: =1n Fiscal Oear 2778, 335! recei'ed 22,627 charges of se(ual harassment) 29)7: of those charges #ere filed b$ males) 335! resol'ed 22,6;2 se(ual harassment charges in FO 2778 and reco'ered T?;); million in monetar$ benefits for charging parties and other aggrie'ed indi'iduals *not including monetar$ benefits obtained through litigation,)> See 335! #ebsite, http://###)eeoc)go'/t$pes/se(ualUharassment)html, visited 9ct$ -:, ;..<$ Additionall$, 335! statistics sho# that of the 22,627 charges filed in 2778, 22,6;2 #ere resol'ed) 5f the 22,6;2 resol'ed: <,626 cases in'ol'ed =merit resolutions,> #hich means a fa'orable outcome to the charging part$ in some manner, such as negotiated settlements *2,682,, #ithdra#al of the charge after receipt of some desired benefit *2,288,, or conciliations *898,) 1n 6,28< cases the 335! determined there #as no reasonable cause to belie'e harassment had occurredK and, 2,@7? cases #ere closed for administrati'e reasons, such as the inabilit$ to find a part$)

See 335! #ebsite, http://###)eeoc)go'/stats/harass)html, visited 9ct$ -:, ;..<) 17 $ussian Statistics7 1n a recent sur'e$ of Russian #omen 277: of the participants said the$ had been sub%ected to se(ual harassment b$ their bosses, <2: said the$ had had intercourse #ith their bosses at least once, and 8: claimed the$ had been raped) See Adrian lomfield, Sexual Harassment o'ay as it ensures humans breed, Russian 3ud&e says, Telegraph)co)uk, "ul$ <7, 277@, at http://###)telegraph)co)uk/ne#s/#orldne#s/europe/russia/ 2?87<27/+e(ual0harrassment0oka$0as0it0 ensures0humans0breed,0Russian0%udge0rules)html, visited 9ct$ ;-, ;..<$ 27 %uro!ean #nion Statistics7 According to a stud$ completed in 2;;@ for the 3uropean !ommission, appro(imatel$ ?7: to 67: of female emplo$ees e(perienced some form of se(ual harassment) The stud$ determined that harassers are o'er#helmingl$ men, #hile 'ictims are o'er#helmingl$ #omen) The stud$ also concluded that 'ictims of se(ual harassment did not t$picall$ undertake =formal responses,> such as contacting a professional, super'isor, or counselor, or making a formal complaint) Appro(imatel$ 60;: of 'ictims filed formal complaints *this estimate #as based on a re'ie# of research in 22 northern Member +tates,) See +e(ual Harassment in the /orkplace in the 3uropean Dnion, available at http://###)un)org/#omen#atch/osagi/pdf/sh#orkpl)pdf, visited 9ct$ ;;, ;..<$

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Definition of Sexual Harassment The 3uropean Dnion 34ual Treatment -irecti'e defines harassment related to se( and se(ual harassment as follo#s: Harassment related to se( is =conduct related to the se( of a person GthatH occurs #ith the purpose of or effect of 'iolating the dignit$ of a person, and of creating an intimidating, hostile, degrading, humiliating or offensi'e en'ironment)> +e(ual harassment is =an$ form of un#anted 'erbal, non0'erbal, or ph$sical conduct GthatH occurs #ith the purpose or effect of 'iolating the dignit$ of a person, in particular #hen creating an intimidating, hostile, degrading, humiliating or offensi'e en'ironment)> =Harassment Grelated to se(H and se(ual harassment #ithin the meaning of GtheH -irecti'e shall be deemed to be discrimination on the grounds of se( and therefore prohibited) A person.s re%ection of or submission to, such conduct ma$ not be used as a basis for a decision affecting that person)>

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HA-DO#6 . +3SDAI HARA++M3CT IA/+

$esolution 4891:4 ado!ted by t"e #nited -ations ;eneral Assembly on the report of the Third !ommittee, -eclaration of the 3limination of Jiolence Against /omen: Dnder this -eclaration, 'iolence against #omen is defined to include se(ual harassment, #hich is prohibited at #ork, in educational institutions and else#here) The Resolution encourages the de'elopment of penal, ci'il or other administrati'e sanctions, as #ell as pre'entati'e approaches *including legal and political, to promote the elimination of 'iolence against #omen) (rotocol to t"e African &"arter on Human and (eo!les< $ig"ts on t"e $ig"ts of =omen in Africa, Adopted b$ the 2nd 5rdinar$ +ession of the Assembl$ of the Dnion, Maputo, !A /I3B/99)9 *+ept) 2<, 2777,, entered into force Co') 26, 2776: The Erotocol dictates, among other things, that +tate Earties take appropriate measures to eliminate all forms of discrimination against #omen and guarantee e4ual opportunit$ and access in the sphere of education and training, protect #omen from all forms of abuse *including se(ual harassment in schools and other educational institutions,, ensure transparenc$ in recruitment, promotion and dismissal of #omen, and combat and punish se(ual harassment in the #orkplace) Directive 1::>9?49%& of t"e %uro!ean (arliament and t"e &ouncil of ? 3uly 1::> on the implementation of the principle of e4ual opportunities and e4ual treatment of men and #omen in matters of emplo$ment and occupation *recast,: The -irecti'e notes that Articles 22 and 2< of the !harter of Fundamental Rights of the 3uropean Dnion also prohibit an$ discrimination on the grounds of se( and enshrine the right to e4ual treatment bet#een men and #omen in all areas, including emplo$ment, #ork and pa$) 1t also clarifies that se(ual harassment is contrar$ to the principle of e4ual treatment bet#een men and #omen and constitutes discrimination on the grounds of se( for purposes of the -irecti'e) The -irecti'e specificall$ defines se(ual harassment as an$ form of un#anted 'erbal, non0'erbal or ph$sical conduct of a se(ual nature, #ith the purpose or effect of 'iolating the dignit$ of a person, in particular #hen creating an intimidating, hostile, degrading, humiliating or offensi'e en'ironment) 6itle @II of t"e #nited States< &ivil $ig"ts Act , +ection 87<*a,*2,, ?2 D)+)!) L 2777e02*a, makes it unla#ful for emplo$ers to: =))) to fail or refuse to hire or to discharge an$ indi'idual, or other#ise to discriminate against an$ indi'idual #ith respect to his compensation, terms conditions or pri'ileges of emplo$ment, because of such indi'idualNs race, color, religion, se(, or national originG)H> The 34ual 3mplo$ment 5pportunit$ !ommission, charged #ith enforcing the la#, pro'ide this guidance: =Title J11 does not proscribe all conduct of a se(ual nature in the #orkplace) Thus it is crucial to clearl$ define se(ual harassment: onl$ un#elcome se(ual conduct that is a term or condition of emplo$ment constitutes a 'iolation) 2; !)F)R) L 297?)22*a,) The 335!Ns Buidelines define t#o t$pes of se(ual harassment: F4uid pro 4uoF and Fhostile en'ironment)F The Buidelines pro'ide that Fun#elcomeF se(ual conduct constitutes se(ual harassment #hen Fsubmission to such conduct is made either e(plicitl$ or implicitl$ a term or condition of an indi'idualNs emplo$ment,F 2; !)F)R L 297?)22 *a, *2,) FVuid pro 4uo harassmentF occurs #hen Fsubmission to or re%ection of such conduct b$ an indi'idual is used as the basis for emplo$ment decisions affecting such indi'idual,F 2; !)F)R L 297?)22*a,*2,) 2; !)F)R) L 297?)22*a,*<,) The +upreme !ourtNs decision in Jinson established that both t$pes of se(ual

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harassment are actionable under section 87< of Title J11 of the !i'il Rights Act of 2;9?, ?2 D)+)!) L 2777e02*a,, as forms of se( discrimination) =Although F4uid pro 4uoF and Fhostile en'ironmentF harassment are theoreticall$ distinct claims, the line bet#een the t#o is not al#a$s clear and the t#o forms of harassment often occur together) For e(ample, an emplo$eeNs tangible %ob conditions are affected #hen a se(uall$ hostile #ork en'ironment results in her constructi'e discharge) +imilarl$, a super'isor #ho makes se(ual ad'ances to#ard a subordinate emplo$ee ma$ communicate an implicit threat to ad'ersel$ affect her %ob status if she does not compl$) FHostile en'ironmentF harassment ma$ ac4uire characteristics of F4uid pro 4uoF harassment if the offending super'isor abuses his authorit$ o'er emplo$ment decisions to force the 'ictim to endure or participate in the se(ual conduct) +e(ual harassment ma$ culminate in a retaliator$ discharge if a 'ictim tells the harasser or her emplo$er she #ill no longer submit to the harassment, and is then fired in retaliation for this protest) Dnder these circumstances it #ould be appropriate to conclude that both harassment and retaliation in 'iolation of section 87?*a, of Title J11 ha'e occurred)> See The D)+) 34ual 3mplo$ment 5pportunit$ http://###)eeoc)go'/polic$/docs/currentissues)html, visited 5ct) 26, 2778) !ommission #ebsite,

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HA-DO#6 &
+AMEI3 +!3CAR15+
Scenario 1 3lena has decided to prosecute her case of se(ual harassment pri'atel$, since she is concerned about her fello# co0 #orkers finding out about her case and treating her differentl$ at the office, and because she feels embarrassment about the harassment) 3lena has had to take a da$ off #ork to go to the court, and she missed a fe# da$s pre'iousl$ because she felt uncomfortable going to #ork to face her harasser) +he is #orried that she ma$ be fired from her %ob if she has to take an$ more time off) 3lena arri'es at the court #ith her $oung son) 5rdinaril$, the child #ould be in kindergarten, but 3lena is not sure ho# long she #ill ha'e to be in court and is #orried that she #ould ha'e to lea'e to meet her child if he #ere at school) After man$ hours of #aiting, the child is getting hungr$ and tired begins to cr$, so a clerk arri'es and asks them to please be 4uiet or to #ait outside the building) Iater, in the courtroom, the %udge asks 3lena #h$ she has brought the case) +he tries to e(plain that her super'isor has been harassing her b$ repeatedl$ asking her out on dates, e'en though she has refused e'er$ time and told him she is married) He makes a point to sho# 3lena maga&ines he keeps on his desk that contain photographs of naked #omen and #ith se(uall$ e(plicit material, and tells her se(uall$ e(plicit %okes almost dail$) /hen she has asked him to lea'e her alone, he tells her to =lighten up,> and claims he is %ust %oking) He tells 3lena.s co0#orkers in front of her that she is =uptight,> and a =prude)> The$ generall$ laugh along #ith him, but don.t sa$ an$thing to 3lena) The %udge asks 3lena =has $our super'isor tried to force $ou to ha'e se(ual relations #ith himA> and 3lena ans#ers =no)> The %udge asks =does he touch $ou in a se(ual #a$A> 3lena ans#ers =onl$ once)> The %udge asks =has he threatened to fire $ouA> 3lena responds that her super'isor has not said the specific #ords, although she #orries about being fired if she keeps refusing him) Then the %udge asks, =#ell, if he hasn.t forced $ou to do an$thing, and he hasn.t threatened to fire $ou, #hat are $ou here forA> The %udge ultimatel$ dismisses the case) 00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Scenario 1 1rena #orks si( da$s a #eek to support her husband, #ho is disabled, and their t#o children) Mone$ is tight, but her %ob offers good benefits) 1rena has been se(uall$ harassed b$ a co0#orker, "ames, for the past fe# months, but %ust recentl$ the harassment escalated #hen he started to demand se(ual fa'ors) 1n the past, her super'isor and co0 #orkers had obser'ed "ames ask 1rena out on dates) 1rena al#a$s refused, and se'eral times she asked him to lea'e her alone) Her super'isor told "ames to =cut it out> a couple of times, but took no further action) Co#, "ames threatens 1rena that he #ill tell their boss that she sometimes takes long lunches if she does not ha'e se( #ith him) 1rena has occasionall$ taken longer lunches in order to do errands that she cannot other#ise complete because she #orks during normal business hours, such as taking her children to doctor appointments) 1rena kno#s that her boss has little tolerance for emplo$ees #ho aren.t present during their scheduled #ork hours, and takes "ames.s threat seriousl$) 1rena has decided to seek help through the court because she is afraid that her boss #ill fire her if she goes directl$ to him as she belie'es "ames. #ill carr$ out his threat) The court filing fee is a significant burden for 1rena, and she has no mone$ to consult an$ t$pe of ad'ocate or attorne$) 1rena tells the %udge that she #ants "ames.s conduct to be stopped, but does not #ant her emplo$er to =get in trouble> because she is afraid she #ill face reprisal if that happens) +he #ants to make sure her %ob is safe, but thinks "ames should be punished for his conduct)

00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Scenario 2

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!ornelia is a 22 $ear0old professional #oman #ho has come to court alleging that she #as locked out of her office after she refused to ha'e se(ual relations #ith her ?80$ear0old boss) =He al#a$s claimed that female #orkers signaled to him #ith their e$es that the$ desperatel$ #anted to Wbe laid. on the boardroom table as soon as he ga'e the #ord,> she told the %udge) =1 didn.t reali&e at first that he #asn.t speaking metaphoricall$)> The %udge thre# out !ornelia.s case not because of lack of e'idence, but because he thought the emplo$er.s conduct #as not improper) The %udge said: =1f #e had no se(ual harassment #e #ould ha'e no children)> X =>ote, this scenario is based on a true case) See Huffington Eost, Russian ?ud&e Rules Sexual Harassment /s 9'ay %s /t *nsures Survival of Human Race, Aug) 6, 277@, http://###)huffingtonpost)com/277@/7@/76/russian0%udge0rules0 se(uaUnU228782)html) The #oman in this case had been hoping to be onl$ the third #oman in Russia.s histor$ to bring a successful se(ual harassment action against a male emplo$er) See Adrian lomfield, Telegraph)co)uk, Sexual Harassment o'ay as it ensures humans breed, Russian 3ud&e rules, "ul$ <7, 277@, http://###)telegraph)co)uk/ne#s/#orldne#s/europe/russia/2?87<27/+e(ual0harrassment0oka$0as0it0ensures0humans0 breed,0Russian0%udge0rules)html)
!op$right Q 277; The Ad'ocates for Human RightsK a'ailable from http://###)stop'a#)org) Eermission is granted to use this material for non0commercial purposes) Elease use proper attribution)

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