Sexual Harassment Prevention: The Illinois Requirement ___________________________________________
found to be particularly common in the field of nursing. In one survey of nursing students, nearly 50% reported having experienced sexual harassment [9]. In mental health care, a study of workers at an acute psychiatric facility found that 9.5% to 37.2% had experienced sexual harassment perpetrated by a patient/client [10]. It is important to note that the incidence of sexual harassment is difficult to determine, as most studies of workplace violence do not distinguish physical from verbal violence/threats or sexual harassment. It was once thought that sexual harassment was a predictable risk in order to advance in the healthcare field. However, it is important that all employees know that sexual harassment is not something that should be endured, regardless of the setting. This course will discuss the laws and regulations that define sexual harassment and the many consequences victims may experience. Steps to take in order to report sexual harassment if one experiences or witnesses it in the workplace will also be outlined. Lastly, this course will review the laws in place to protect those who make a report. DEFINING SEXUAL HARASSMENT Sexual harassment is a form of sex discrimination, violating Title VII of the Civil Rights Act of 1964. According to the EEOC, [11]: ...unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sex- ual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individu- al’s employment, unreasonably interferes with an individual’s work performance, or creates an intimi- dating, hostile, or offensive work environment. Psychologically, sexual harassment has been divided into three categories that reflect the legal definitions [8]: • Gender harassment: Insults or remarks based upon sex, jokes, sexist comments, sexting, pornography, dehumanizing epithets (e.g., dog, whore), grabbing • Unwanted sexual attention or conduct: Expressing sexual attraction, sexual pursuit, pressure for dates, unwanted compliments, the discussion or displaying of visual depictions of sex acts or sexual remarks; a show of sexual interest that is unwelcome • Sexual coercion: Demands or pressure for sexual favors; sexual compliance is usually a condition of employment decisions Victims of sexual harassment can be either men or women, although, as discussed, women are more likely to be victims of sexual harassment than men [12]. The harasser can be of the same or different sex as the victim (e.g., a man may harass a woman or another man). Additionally, it is possible that a victim is not the target of the harasser but was affected by
offensive behavior that was targeted toward another person. Harassers may be the victim’s supervisor, employer, co-worker, or even a non-employee (e.g., client, patient) [11]. TYPES AND FORMS OF SEXUAL HARASSMENT There are two categories of sexual harassment as outlined by Title VII of the Civil Rights Act of 1964: quid pro quo and hostile work environment [2; 8]. Quid Pro Quo Quid pro quo, meaning “this for that” in Latin, consists of a supervisor or other superior asking for sexual favors in exchange for benefits at work. These demands may be outright or implied. Benefits may include a promotion, a pay increase, a bigger office, approval of vacation time, better work shifts, or keeping one’s job. Quid pro quo harassment also includes nega- tive repercussions from refusing to perform the acts requested by the superior. For example, the harasser may threaten to or actually fire, demote, or assign unpleasant work assignments or bad work shifts to the victim as retaliation [8]. According to the law, even if a person acquiesced to the advances of a superior at first, she or he can report the sexual harassment at a later time [15]. Also, it may be possible for a third-party to be affected by and report sexual harassment—for example, if he or she was denied a promotion because another person submitted to the advances of a superior. Hostile Work Environment Hostile work environment sexual harassment is similar to quid pro quo in that it may involve sexual advances. However, a key difference is that the harasser may not offer benefits or threats. Also, the harassment may not come from a supervisor but rather a coworker, vendor, client, or patient. It includes unwanted and unwelcome advances, comments, jokes, or any other content that is offensive, hostile, or threatening and that affects or even prevents the employee from doing her or his job. This may include but is not limited to [8]: • The telling of sexual or “dirty” jokes or stories • The use of offensive or derogatory sexual language to refer to someone • Speaking offensively and sexually about a person’s gender in general • Showing the victim offensive sexual images • Any physical contact of a sexual or unnecessarily intimate nature that is repeated and is done without the permission of the victim In cases of hostile work environment sexual harassment, a third-party may be the unintended victim—for example, if he or she overhears offensive jokes or speech and it affects work performance.
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MDIL1526
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