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Sexual Harassment and You
Your Rights and Responsibilities
Sexual Harassment is
Illegal
The NASW National Committee on Women’s
Issues (NCOWI) has identified sexual harassment in the workplace as a major
issue for women in the social work profession. Sexual harassment happens in
student internships, within agencies, and—at times—from clients. The Bureau of
National Affairs reports that 40 percent of women in the workplace have been
sexually harassed. Other studies say as many as 60 percent to 90 percent of
women have been sexually harassed.
Ignoring sexual harassment in the
workplace does not make it go away.
Sexual harassment is defined as
unwelcome sexual advances. There are two major types:
- Quid Pro Quo, which involves a
request for sexual favors in return for job security or advancement
- Environmental, which involves a
hostile work environment and atmosphere and sexual contact and innuendo.
Most complaints allege assault and
battery, invasion of privacy, and intentional infliction of emotional distress.
Supervisors and middle managers must by law act on such complaints. They must
monitor conduct and observe coworkers, because they are liable, even with
outside third parties such as clients who harass employees. Supervisors can be
sued personally.
If coworkers are involved, then the
supervisor must be put on notice.
Know your
rights!
Don’t be afraid to take steps to stop the
harasser.
Equal Employment Opportunity Commission
(EEOC) guidelines strongly suggest organizations develop and implement
- a sexual harassment policy a disciplinary process a grievance process
- training of all employees.
Organizational
Responsibilities
- Organizations should initiate programs
as preventive measures, not as crisis management. Organizations are held liable for the
behavior of employees; supervisors and managers need training. Each supervisor has a responsibility to
prevent harassment and to act on complaints.
- If the complaint is unanswered and a
charge is filed with EEOC, the organization can be held responsible.
The federal law
protecting employees against sexual harassment is Title VII, which prohibits
discrimination on the basis of race, color, religion, national origin, or
gender.
What you should do if you are being
harassed
- Tell the harasser to stop. State the effect the behavior has on
you. Repeat your demand to stop. If the
harasser continues, tell your supervisor. If the harasser is your supervisor, tell
that person’s supervisor or other appropriate official(s). Document your demand to stop. Document everything that happens. Consult your Personnel/ EEOC Office for
advice. Tell or threaten to tell someone
else. Find out if there are other
victims.
- File a grievance or EEOC
complaint.
- Harassment cuts across class
lines and economic levels. It can happen to all people. Harassment is about power,
not sex.
- Being harassed is not your
fault.
National Committee on
Women’s Issues
National Association of Social Workers
750 First Street,
NE, Suite 700
Washington, DC 20002-4241
202-408-8600 or
800-638-8799
If you have questions, comments or feedback, please contact Luisa Lopez at llopez@naswdc.org
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