Sexual Harassment Policy

"Harassment on the basis of sex is a violation of Title VII when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. The EEOC's guidelines further assert that employers have an affirmative duty to maintain workplaces free of sexual harassment and intimidation" (Dessler, 2005, p. 32-32).

The Civil Rights Act of 1991 permits victims of sexual harassment and other intentional discrimination the right to have jury trials and to collect compensatory damages for pain and suffering and punitive damages in cases in which the employer acted with malice of reckless indifference to the individual's rights (Dessler, 2005). Therefore, it is of utmost importance to Widgets, Inc. that all employees, managers, customers, and members become aware, informed, and knowledgeable of the policies and procedures pertaining to such harassment, as well as the consequences that will occur from a violation. The following document is Widgets, Inc.'s sexual harassment policy statement. All employees are required to be familiar with its contents in their entirety.

1. POLICY STATEMENT

1.1 Sexual harassment is a form of sex discrimination in violation of federal and state law and Widgets Inc. policy, and will not be tolerated. Widgets, Inc will respond promptly to all complaints of sexual harassment. Employees, managers, and members shall be aware that violation of this policy will lead to serious disciplinary action up to and including dismissal (University of North Carolina, 2003).

1.2 Widgets, Inc. hereby affirms its desire to maintain a work environment for all employees that is free from all forms of harassment and discrimination. Widgets, Inc. wishes to maintain an environment which supports and rewards individuals on the basis of such relevant factors as honesty, integrity, and work performance (University of North Carolina, 2003). Any behaviors which indicate that sexuality is a relevant criterion for evaluating employee performance are detrimental to the work environment (UNCP, 2002-2003).

1.3 Conduct or action that either imposes a requirement of sexual cooperation as a condition of employment, employment decisions, or career advancement, or creates an intimidating environment that prevents effective teamwork or work performance, is in opposition to a workplace environment free of harassment (University of North Carolina, 2003).

1.4 Harassment of employees on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Acts of 1964. Sexual Harassment is also prohibited by North Carolina General Statutes 126-16 (UNCP, 2002-2003).

2. DEFINITION (from the EEOC Interpretive Guidelines on Discrimination Because of Sex Under TitleVII)

2.1 Unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature constitutes sexual harassment when:

2.1.1 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, employment decisions, career advancement and/or receipt of a needed or legitimately requested company service, or

2.1.2 Submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting such individual in matters of employment, employment decisions, career advancement or receipt of a needed or legitimately requested company service, or

2.1.3 Such conduct has the intention or effect of unreasonably interfering with an individual's work performance or of creating an intimidating, hostile or offensive working environment (University of North Carolina, 2003).

2.2 Sexual harassment may involve persons of the opposite sex or persons of the same sex (University of North Carolina, 2003).

2.2.1 Sexual harassment does not include personal compliments welcomed by the recipient, social interaction, or relationships freely entered into by employees or prospective employees (University of North Carolina, 2003).

3. EXAMPLES

3.1 Examples of behaviors which may constitute sexual harassment include but are not limited to:

3.1.1 Verbal - sexual innuendo or suggestive comments; inappropriate jokes about sex or gender specific traits; demeaning references to gender; unwelcomed emphasis on an individual's sexual identity; offensive written communications, including sexual propositions, insults, or threats; persistent, unwanted attempts to turn a professional relationship into a personal one (UNCP, 2002-2003).

3.1.2 Nonverbal - leering, suggestive, or offensive gestures or sounds; showing of materials that are either sexual or sexist in nature (UNCP, 2002-2003).

3.1.3 Physical - touching (for example, brushing, patting, pinching); sexual relations coerced through the use of threats or quid pro quo proposals, either explicit of implicit (UNCP, 2002-2003).

4. EDUCATION

4.1 Sexual harassment, in both obvious and subtle ways, may profoundly affect the lives of individuals. A person who is subjected to unwanted sexual attention may submit to this behavior out of fear of retaliation or reprisal or may resign from a job as a result (UNCP, 2002-2003).

4.1.1 In some cases a person may not be aware that his or her behavior is inappropriate or offensive, or a person's words or actions may be misinterpreted. In either case, these misunderstandings must be resolved so that they do not interfere with employment or management processes (UNCP, 2002-2003).

4.1.2 Sexual harassment often occurs in situations which one person has power or authority over another (ex. supervisor-subordinate). It can also occur among peers (ex. employee-employee, manager-manager). Sexual harassment may involve members