Table of Contents

Trainer Introduction ............................................................................................................................ 7

Sexual Harassment in the Workplace ............................................................................................... 7
What is Harassment? ......................................................................................................................... 8
Zero Tolerance .................................................................................................................................. 8
Sexual Harassment Overview ............................................................................................................ 8
What is Sexual Harassment? ............................................................................................................. 9
Hostile Environment .......................................................................................................................... 9
Quid Pro Quo Sexual Harassment .................................................................................................... 9
Who can be the Target of Sexual Harassment? ............................................................................. 10
Who can be the Perpetrator of Sexual Harassment? ..................................................................... 10
Where Can Workplace Sexual Harassment Occur? ....................................................................... 10
Sex Stereotyping ............................................................................................................................... 11
Retaliation.......................................................................................................................................... 11
What is Retaliation? ........................................................................................................................ 11
What is Not Retaliation .................................................................................................................... 12
The Supervisor's Responsibility...................................................................................................... 12
Mandatory Reporting ....................................................................................................................... 12
What Should I Do If I Am Harassed? ............................................................................................... 13
What Should I Do If I Witness Sexual Harassment? ...................................................................... 13
Investigation and Corrective Action ................................................................................................ 14
Investigation Process ...................................................................................................................... 14
Additional Protections and Remedies............................................................................................. 14
New York State Division of Human Rights (DHR) ........................................................................... 15
United States Equal Employment Opportunity Commission (EEOC) .............................................. 15
Local Protections ............................................................................................................................. 15
Other Types of Workplace Harassment .......................................................................................... 15
Summary............................................................................................................................................ 16
Sexual Harassment Case Studies ................................................................................................... 17
Example 1: Not Taking “No” for an Answer ..................................................................................... 17
Example 2: The Boss with a Bad Attitude ....................................................................................... 18
Example 3: No Job for a Woman?................................................................................................... 19
Example 4: Too Close for Comfort .................................................................................................. 20
Example 5: A Distasteful Trade ....................................................................................................... 21
Example 6: An Issue about Appearances ....................................................................................... 22
 What is Harassment?

 Harassment is a form of discrimination that consists of words, signs, jokes, pranks,

intimidation, physical actions or violence that is directed at an employee due to any protected
characteristic.

o These include age, race, creed, color, national origin, sexual orientation, military status,
sex, disability, marital status, domestic violence victim status, gender identity and
criminal history.

 Harassment includes offensive behavior based on stereotypes about a protected class and
behavior that is intended to cause discomfort or humiliation because of a protected
characteristic.

 It also includes any expression of contempt or hatred for the group to which the victim belongs
based on a protected characteristic.

Zero Tolerance

 We have a zero tolerance policy toward harassment.

 Any harassing behavior will be investigated and the perpetrator or perpetrators will be told to
stop.

 Disciplinary action will be taken, if appropriate. If the behavior is sufficiently serious,

disciplinary action may include termination.

 Repeated behavior, especially after an employee has been told to stop, is particularly serious
and will be dealt with accordingly.

Sexual Harassment Overview

 Sexual harassment is a particular type of harassment, and a particular type of sex

discrimination.

 Sex discrimination in general includes:

o Any type of bias on the basis of sex

o Sexual harassment

o Sex stereotyping

o Discrimination on the basis of gender identity or the status of being transgender

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 o Discrimination on the basis of pregnancy

What is Sexual Harassment?

 Sexual harassment is defined as any unwanted verbal or physical advance, sexually explicit or
derogatory statement, or sexually discriminatory remark that is offensive or objectionable to the
recipient, or which interferes with his or her job performance.

 There are two main types of sexual harassment:

Hostile Environment

 A hostile environment on the basis of sex may be created by words, signs, jokes, pranks,
intimidation, physical actions or violence, either of a sexual nature or not of a sexual nature,
directed at an individual because of that individual’s sex.

 Hostile environment sexual harassment includes:

o Sexual or discriminatory displays or publications anywhere in the workplace, such as

displaying pictures, posters, calendars, graffiti, objects, promotional material, reading
materials or other materials that are sexually demeaning or pornographic.

 This includes such sexual displays on workplace computers or cell phones and
sharing such displays while in the workplace.

o Hostile actions taken against an individual because of that individual’s sex, such as:

 Interfering with, destroying or damaging a person’s workstation, tools or

equipment, or otherwise interfering with the individual’s ability to perform the job;

 Sabotaging an individual’s work;

 Bullying, yelling, name-calling.

Quid Pro Quo Sexual Harassment

 Quid pro quo sexual harassment occurs when a person in authority trades, or tries to trade, job
benefits for sexual favors.

 Quid pro quo is a legal term meaning a trade.

 This type of harassment occurs between an employee and someone with authority, like a
supervisor, who has the ability to grant or withhold job benefits.

 Quid pro quo sexual harassment includes:

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 o Offering or granting better working conditions or opportunities in exchange for a sexual
relationship

o Threatening adverse working conditions (like demotions, shift alterations or work

location changes) or denial of opportunities if a sexual relationship is refused

o Using pressure, threats or physical acts to force a sexual relationship

o Retaliating for refusing to engage in a sexual relationship

Who can be the Target of Sexual Harassment?

 Sexual harassment can occur between males and females, or between persons of the same
sex.

o The term “sex” includes sexual orientation, gender identity and the status of being
transgender.

 Sexual harassment that occurs because the victim is transgender is also unlawful.

 The law protects employees, unpaid interns, and non-employees who work in the workplace,
including independent contractors, and those employed by companies contracting to provide
services in the workplace.

Who can be the Perpetrator of Sexual Harassment?

 The perpetrator of sexual harassment can be anyone in the workplace:

 The harasser can be a coworker of the recipient

 The harasser can be a supervisor or manager

 The harasser can be any third-party, including: a non-employee, intern, vendor, building
security, client, customer or visitor.

Where Can Workplace Sexual Harassment Occur?

 Harassment can occur whenever and wherever employees are fulfilling their work
responsibilities, including in the field, at any employer-sponsored event, trainings, conferences
open to the public and office parties.

 Employee interactions during off hours, such as at a hotel while traveling or at events after
work can have an impact in the workplace.

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  Locations off site and off-hour activities can be considered extensions of the work
environment.

 Harassing behavior that in any way affects the work environment is rightly the concern of
management.
Sex Stereotyping

 Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply
because they may not conform to other people's ideas or perceptions about how individuals of
either sex should act or look.

 Harassing a person because that person does not conform to gender stereotypes as to
“appropriate” looks, speech, personality, or lifestyle is sexual harassment.

 Harassment because someone is performing a job that is usually performed, or was performed
in the past, mostly by persons of the opposite sex, is sex discrimination.

Retaliation

 Any employee who has engaged in “protected activity” is protected by law from being retaliated
against because of that “protected activity.”

 “Protected activities” with regard to harassment include:

o Making a complaint to a supervisor, manager or another person designated by your

employer to receive complaints about harassment

o Making a report of suspected harassment, even if you are not the recipient

o Filing a formal complaint about harassment

o Opposing discrimination

o Assisting another employee who is complaining of harassment

o Providing information during a workplace investigation of harassment, or testifying in

connection with a complaint of harassment filed with a government agency or in court

What is Retaliation?

 Retaliation is any action taken to alter an employee’s terms and conditions of employment
(such as a demotion or sudden work schedule or location change) because that individual
engaged in any of the above protected activities. Such individuals should expect to be free
from any negative actions by supervisors, managers or the employer motivated by these
protected activities.

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  Retaliation can be any such negative action taken by the employer against the employee, that
could have the effect of discouraging a reasonable worker from making a complaint about
harassment or discrimination.

 The negative action need not be job-related or occur in the workplace, and may occur after the
end of employment, such as an unwarranted negative reference.

What is Not Retaliation

 A negative employment action is not retaliatory merely because it occurs after the employee
engages in protected activity.

 Employees continue to be subject to all job requirements and disciplinary rules after having
engaged in such activity.

 In order to establish a claim of retaliation, an individual must be able to show that the adverse
action was motivated by the protected activity.

The Supervisor's Responsibility

 Supervisors and managers are held to a high standard of behavior. This is because:

o They are placed in a position of authority by the employer and must not abuse that
authority.

o Their actions can create liability for the employer without the employer having any
opportunity to correct the harassment.

o They are required to report any harassment that is reported to them or which they
observe.

o They are responsible for any harassment or discrimination that they should have known
of with reasonable care and attention to the workplace for which they are responsible.

o They are expected to model appropriate workplace behavior.

Mandatory Reporting

 Supervisors must report any harassment that they observe or know of, even if no one is
objecting to the harassment.

 If a supervisor or manager receives a report of harassment, or is otherwise aware of

harassment, it must be promptly reported to the employer, without exception,

o Even if the supervisor or manager thinks the conduct is trivial

o Even if the harassed individual asks that it not be reported

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 Supervisors and managers will be subject to discipline for failing to report suspected sexual
harassment or otherwise knowingly allowing sexual harassment to continue.

 Supervisors and managers will also be subject to discipline for engaging in any retaliation.

What Should I Do If I Am Harassed?

 We cannot stop harassment in the workplace unless management knows about the
harassment. It is everyone’s responsibility.

 You are encouraged to report harassment to a supervisor, manager or other another person
designated by your employer to receive complaints (as outlined in our sexual harassment
prevention policy) so the employer can take action.

 Behavior does not need to be a violation of law in order to be in violation of the policy.

 We will provide you with a complaint form to report harassment and file complaints, but if you
are more comfortable reporting verbally or in another manner, we are still required to follow the
sexual harassment prevention policy by investigating the claims.

 If you believe that you have been subjected to sexual harassment, you are encouraged to
complete the Complaint Form and submit it to:

o [Person or office designated]

o [Contact information for designee or office]

o [How the Complaint Form can be submitted]

 Once you submit this form or otherwise report a complaint, our organization must follow its
sexual harassment prevention policy and investigate any claims.

 You should report any behavior you experience or know about that is inappropriate, as
described in this training, without worrying about whether or not if it is unlawful harassment.

 Individuals who report or experience harassment should cooperate with management so a full
and fair investigation can be conducted and any necessary corrective action can be taken.

 If you report harassment to a manager or supervisor and receive an inappropriate response,

such as being told to “just ignore it,” you may take your complaint to the next level as outlined
in our policy under “Legal Protections And External Remedies.”

What Should I Do If I Witness Sexual Harassment?

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  Anyone who witnesses or becomes aware of potential instances of sexual harassment should
report it to a supervisor, manager or designee.

 It is unlawful for an employer to retaliate against you for reporting suspected sexual
harassment or assisting in any investigation.

Investigation and Corrective Action

 Anyone who engages in sexual harassment or retaliation will be subject to remedial and/or
disciplinary action, up to and including termination.

 All employers must investigate all reports of harassment, whether information was reported in
verbal or written form.

 An investigation of any complaint should be completed within a reasonable timeframe, for

example, within 30 days.

 The investigation will also be confidential to the extent possible.

 Any employee may be required to cooperate as needed in an investigation of suspected

sexual harassment.

o It is illegal for employees who participate in any investigation to be retaliated against.

Investigation Process

 Our organization also has a duty to take appropriate steps to ensure that harassment will not
occur in the future. Here is how we will investigate claims.

 [Person or office designated] will conduct an immediate review of the allegations, and take any
interim actions, as appropriate

 Relevant documents, emails or phone records will be requested, preserved and obtained.

 Interviews will be conducted with parties involved and witnesses

 Investigation is documented as outlined in the sexual harassment policy

 The individual who complained and the individual(s) accused of sexual harassment are notified
of final determination and that appropriate administrative action has been taken.

Additional Protections and Remedies

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  In addition to what we’ve already outlined, workers may also choose to pursue outside legal
remedies as suggested below.

New York State Division of Human Rights (DHR)

 A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New
York State Supreme Court.

 Complaints may be filed with DHR any time within one year of the alleged discrimination. You
do not need to have an attorney to file.

 If an individual did not file at DHR, they can sue directly in state court under the Human Rights
Law, within three years of the alleged discrimination.

 An individual may not file with DHR if they have already filed a Human Rights Law complaint in
state court.

 For more information, visit: www.dhr.ny.gov.

United States Equal Employment Opportunity Commission (EEOC)

 An individual can file a complaint with the EEOC anytime within 300 days from the alleged
discrimination. You do not need to have an attorney to file.

 A complaint must be filed with the EEOC before you can file in federal court.

 For more information, visit: www.eeoc.gov.

 NOTE: If an individual files an administrative complaint with DHR, DHR will automatically file
the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections

 Many localities enforce laws protecting individuals from sexual harassment and discrimination.

 You should contact the county, city or town in which you live to find out if such a law exists.

 Harassment may constitute a crime if it involves things like physical touching, coerced physical
confinement or coerced sex acts. You should also contact the local police department.

Other Types of Workplace Harassment

 Workplace harassment can be based on other things and is not just about gender or
inappropriate sexual behavior in the workplace.

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 Any harassment based on a protected characteristic, like race or ethnicity, is prohibited in the
workplace and may lead to disciplinary action against the perpetrator.

 Much of the information presented in this training applies to all types of workplace harassment.

Summary

 After this training, all employees are should understand what we have discussed, including:

o How to recognize harassment as inappropriate workplace behavior

o The nature of sexual harassment

o That harassment because of any protected characteristic is prohibited

o The reasons why workplace harassment is employment discrimination

o That all harassment should be reported

o That supervisors and managers have a special responsibility to report harassment.

 With this knowledge, all employees can achieve appropriate workplace behavior, avoid
disciplinary action, know their rights and feel secure that they are entitled to and can work in an
atmosphere of respect for all people.

 Find the Complaint Form [insert information here].

 For additional information, visit: www.ny.gov/combating-sexual-harassment-workplace

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 Sexual Harassment Case Studies

 Let’s take a look at a few scenarios that help explain the kind of behaviors that can constitute
sexual harassment.

 These examples describe inappropriate behavior in the workplace that will be dealt with by
corrective action, including disciplinary action.

 Remember, it is up to all employees to report inappropriate behavior in the workplace.

Example 1: Not Taking “No” for an Answer

Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions
that he is lonely and needs to find a new girlfriend. Li Yan and Ralph have been friendly in the past
and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a
date with him—dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her
date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time,
but explains that she does not want to have a relationship with him. Ralph waits two weeks and then
starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her
to go out with him.

Question 1. When Ralph first asked Li Yan for a date, this was sexual harassment. True or False?

FALSE: Ralph's initial comments about looking for a girlfriend and asking Li Yan, a coworker, for a
date are not sexual harassment. Even if Li Yan had turned Ralph down for the first date, Ralph had
done nothing wrong by asking for a date and by making occasional comments that are not sexually
explicit about his personal life.

Question 2. Li Yan cannot complain of sexual harassment because she went on a date with Ralph.
True or False?

FALSE: Being friendly, going on a date, or even having a prior relationship with a coworker does not
mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working
with Ralph, and he must respect her wishes and not engage in behavior that has now become
inappropriate for the workplace.

--

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Li Yan complains to her supervisor, and the supervisor (as required) reports her complaint to the
person designated by her employer to receive complaints. Ralph is questioned about his behavior
and he apologizes. He is instructed by the designated person to stop. Ralph stops for a while but then
starts leaving little gifts for Li Yan on her desk with accompanying love notes. The love notes are not
overtly offensive, but Ralph's behavior is starting to make Li Yan nervous, as she is afraid he may
start stalking her.

Question 3. Ralph's subsequent behavior with gifts and love notes is not sexual harassment because
he has stopped asking Li Yan for dates as instructed. He is just being nice to Li Yan because he likes
her. True or False?

FALSE: Li Yan should report Ralph's behavior. She was entitled to have effective assistance in
getting Ralph to stop his inappropriate workplace behavior. Because Ralph has returned to pestering
Li Yan after being told to stop, he could be subject to serious disciplinary action for his behavior.

Example 2: The Boss with a Bad Attitude

Sharon transfers to a new location with her employer. Her new supervisor, Paul, is friendly and helps
her get familiar with her new job duties. After a few days, when no one else is around, Paul comes
over to Sharon's work area to chat. Paul talks about what he did last night, which was to go to a strip
club. Sharon is shocked that Paul would bring up such a topic in the workplace and says nothing in
response. Paul continues talking and says that all the women in the office are so unattractive that he
needs to get out and “see some hot chicks” once in a while. He tells Sharon he is glad she joined the
staff because, unlike the others, she is “easy on the eyes.” Sharon feels very offended and demeaned
that she and the other women in her workplace are being evaluated on their looks by their supervisor.

Question 1. Because Paul did not tell Sharon that she is unattractive, he has not harassed her. True
or False?

FALSE: Paul has made sexually explicit statements to Sharon, which are derogatory and demeaning
to Sharon and her female coworkers. It does not matter that Paul supposedly paid Sharon a
“compliment.” The discussion is still highly offensive to Sharon, as it would be to most reasonable
persons in her situation.

Question 2. By bringing up his visit to the strip club, Paul is engaging in inappropriate workplace
behavior. True or False?

TRUE: Simply bringing up the visit to the strip club is inappropriate in the workplace, especially by a
supervisor, and it would be appropriate for Sharon to report this conduct. A one-time comment about
going to a strip club is behavior that Paul would be told to stop, even though it probably would not rise
to the level of unlawful harassment, unless it was repeated on multiple occasions.

Question 3. Paul should be instructed to stop making these types of comments, but this is not a
serious matter. True or False?

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FALSE: Paul's comments about the female employees are a serious matter and show his contempt
for women in the workplace. Paul is required to model appropriate behavior, and must not exhibit
contempt for employees on the basis of sex or any protected characteristic. Sharon should not have
to continue to work for someone she knows harbors such contempt for women, nor should the other
employees have to work for such a supervisor. Management should be aware of this, even if the
other employees are not, and Paul should be disciplined and, most likely, removed from his current
position.

Example 3: No Job for a Woman?

Carla works as a licensed heavy equipment operator. Some of her male coworkers think it is fun to
tease her. Carla often hears comments like “Watch out, here she comes–that crazy woman driver!” in
a joking manner. Also, someone keeps putting a handmade sign on the only port-a-potty at the
worksite that says “Men only.”

Question 1. Women in traditionally male jobs should expect teasing and should not take the joking
comments too seriously. True or False?

FALSE: Whether Carla is being harassed depends in part on Carla's opinion of the situation; that is,
whether she finds the behavior offensive. However, if at any point Carla does feel harassed, she is
entitled to complain of the behavior and have it stopped, regardless of whether and for how long she
has endured the behavior without complaint. Carla can always say when enough is enough.

Question 2. Carla cannot complain, because the site supervisor sometimes joins in with the joking
behavior, so she has nowhere to go. True or False?

FALSE: Carla can still complain to the supervisor who is then on notice that the behavior bothers
Carla and must be stopped. The supervisor's failure to take Carla's complaint seriously, constitutes
serious misconduct on his or her part. Carla can also complain directly to the person designated by
her employer to receive complaints, either instead of going to the supervisor, or after doing so. The
employer is responsible for assuring that all employees are aware of its anti-harassment policies and
procedures.

--

Some of Carla's other coworkers are strongly opposed to her presence in the traditionally all-male
profession. These coworkers have sometimes said things to her like, “You're taking a job away from a
man who deserves it,” “You should be home with your kids,” and “What kind of a mother are you?”
Also, someone scratched the word “bitch” on Carla's toolbox.

Question 3. These behaviors, while rude, are not sexual harassment because they are not sexual in
nature. True or False?

FALSE: The behaviors are directed at her because she is a woman and appear to be intended to
intimidate her and cause her to quit her job. While not sexual in nature, this harassment is because of
her sex and will create a hostile work environment if it is sufficiently severe or frequent.

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--

Carla complains about the jokes and other behaviors, and an investigation is conducted. It cannot be
determined who defaced Carla's toolbox. Her coworkers are told to stop their behavior or face
disciplinary charges. The supervisor speaks with Carla and tells her to come to him immediately if she
has any further problems. Carla then finds that someone has urinated in her toolbox.

Question 4. There is nothing Carla can do because she can't prove who vandalized her toolbox. True
or False?

FALSE: Carla should speak to her supervisor immediately, or contact any other person designated by
her employer to receive complaints directly. Although the situation has become very difficult, it is the
employer’s responsibility to support Carla and seek a solution. A significant investigation must be
promptly undertaken and appropriate remedial action must follow.

Example 4: Too Close for Comfort

Keisha has noticed that her new boss, Harold, leans extremely close to her when they are going over
the reports that she prepares. He touches her hand or shoulder frequently as they discuss work.
Keisha tries to move away from him in these situations, but he doesn't seem to get the message.

Question 1. Keisha should just ignore Harold's behavior, as it is not sufficiently severe or pervasive.
True or False?

FALSE: If Keisha is uncomfortable with Harold's behavior, she has options. If she feels comfortable
doing so, she should tell Harold to please back off because his closeness and touching make her
uncomfortable. Another option is to complain directly to a person designated by her employer to
receive complaints, who will speak with Harold. Although this may not be sufficiently severe or
pervasive to create an unlawful harassment situation (unless it was repeated by Harold after he was
told to stop), there is no reason for Keisha to be uncomfortable in the workplace. There is no valid
reason for Harold to engage in this behavior.

--

Before Keisha gets around to complaining, Harold brushes up against her back in the conference
room before a meeting. She is now getting really annoyed but still puts off doing anything about it.
Later Harold “traps” her in his office after they finish discussing work by standing between her and the
door of his small office. Keisha doesn't know what to do, so she moves past him to get out. As she
does so, Harold runs his hand over her breast.

Question 2. Harold's brushing up against Keisha in the conference room could just be inadvertent
and does not give Keisha any additional grounds to complain about Harold. True or False?

FALSE: Harold is now engaging in a pattern of escalating behavior. Given the pattern of his “too
close” and “touching” behavior, it is unlikely that this was inadvertent. Even before being “trapped” in
Harold's office, Keisha should have reported all of the behaviors she had experienced that had made
her uncomfortable.
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Question 3. Harold touching Keisha’s breast is inappropriate but is probably not unlawful harassment
because it only happened once. True or False?

FALSE: Any type of sexual touching is very serious and does not need to be repeated to constitute
sexual harassment. Keisha should immediately report it without waiting for it to be repeated. Harold
can expect to receive formal discipline, including possible firing.
Example 5: A Distasteful Trade

The following scenario will explain many aspects of quid pro quo sexual harassment.

Tatiana is hoping for a promotion to a position that she knows will become vacant soon. She knows
that her boss, David, will be involved in deciding who will be promoted. She tells David that she will
be applying for the position, and that she is very interested in receiving the promotion. David says,
“We'll see. There will be a lot of others interested in the position.”

A week later, Tatiana and David travel together on state business, including an overnight hotel stay.
Over dinner, David tells Tatiana that he hopes he will be able to promote her, because he has always
really enjoyed working with her. He tells her that some other candidates “look better on paper” but
that she is the one he wants. He tells her that he can “pull some strings” to get her into the job and
Tatiana thanks David. Later David suggests that they go to his hotel room for “drinks and some
relaxation.” Tatiana declines his “offer.”

Question 1. David's behavior could be harassment of Tatiana. True or False?

TRUE: David's behavior as Tatiana's boss is inappropriate, and Tatiana should feel free to report the
behavior if it made her uncomfortable. It is irrelevant that this behavior occurs away from the
workplace. Their relationship is that of supervisor and supervisee, and all their interactions will tend to
impact the workplace.

David's behavior, at this point, may or may not constitute quid pro quo harassment; David has made
no threat that if Tatiana refuses his advance he will handle her promotion any differently. However,
his offer to “pull some strings” followed by a request that they go to his hotel room for drinks and
relaxation might be considered potentially coercive. Certainly, if David persists in his advances—even
if he never makes or carries out any threat or promise about job benefits—then this could create a
hostile environment for Tatiana, for which the employer could be strictly liable because David is a
management employee.

--

After they return from the trip, Tatiana asks David if he knows when the job will be posted so that she
can apply. He says that he is not sure, but there is still time for her to “make it worth his while” to pull
strings for her. He then asks, “How about going out to dinner this Friday and then coming over to my
place?”

Question 2. David engaged in quid pro quo harassment. True or False?

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TRUE: It is now evident that David has offered to help Tatiana with her promotion in exchange for
sexual favors.

--

Tatiana, who really wants the position, decides to go out with David. Almost every Friday they go out
at David's insistence and engage in sexual activity. Tatiana does not want to be in a relationship with
David and is only going out with him because she believes that he will otherwise block her promotion.

Question 3. Tatiana cannot complain of harassment because she voluntarily engaged in sexual
activity with David. True or False?

FALSE: Because the sexual activity is unwelcome to Tatiana, she is a victim of sexual harassment.
Equally, if she had refused David's advances, she would still be a victim of sexual harassment. The
offer to Tatiana to trade job benefits for sexual favors by someone with authority over her in the
workplace is quid pro quo sexual harassment, and the employer is exposed to liability because of its
supervisor's actions.

--

Tatiana receives the promotion.

Question 4. Tatiana cannot complain of harassment because she got the job, so there is no
discrimination against her. True or False?

FALSE: Tatiana can be the recipient of sexual harassment whether or not she receives the benefit
that was used as an inducement.

--

Tatiana breaks off the sexual activities with David. He then gives her a bad evaluation, and she is
removed from her new position at the end of the probationary period and returns to her old job.

Question 5. It is now “too late” for Tatiana to complain. Losing a place of favor due to the break up of
the voluntary relationship does not create a claim for sexual harassment. True or False?

FALSE: It is true that the breakup of a relationship, if truly consensual and welcomed at the time,
usually does not create a claim for sexual harassment. However, the “relationship” in this case was
never welcomed by Tatiana. David's behavior has at all times been inappropriate and a serious
violation of the employer’s policy. As the person who abused the power and authority of a
management position, David has engaged in sexual harassment.

Example 6: An Issue about Appearances

Leonard works as a clerk typist for a large employer. He likes to wear jewelry, and his attire frequently
includes earrings and necklaces. His boss, Margaret, thinks it's “weird” that, as a man, Leonard wears
jewelry and wants to be a clerical worker. She frequently makes sarcastic comments to him about his
appearance and refers to him “jokingly” as her office boy. Leonard, who hopes to develop his career
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in the area of customer relations, applies for an open promotional position that would involve working
in a “front desk” area, where he would interact with the public. Margaret tells Leonard that if he wants
that job, he had better look “more normal” or else wait for a promotion to mailroom supervisor.

Question 1. Leonard's boss is correct to tell him wearing jewelry is inappropriate for customer service
positions. True or False?

FALSE: Leonard's jewelry is only an issue because Margaret considers it unusual for a man to wear
such jewelry. Therefore, her comments to Leonard constitute sex stereotyping.

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Margaret also is “suspicious” that Leonard is gay, which she says she “doesn't mind,” but she thinks
Leonard is “secretive.” She starts asking him questions about his private life, such as “Are you
married?” “Do you have a partner?” ”Do you have kids?” Leonard tries to respond politely “No” to all
her questions but is becoming annoyed. Margaret starts gossiping with Leonard's coworkers about
his supposed sexual orientation.

Question 2. Leonard is the recipient of harassment on the basis of sex and sexual orientation. True
or False?

TRUE: Leonard is harassed on the basis of sex because he is being harassed for failure to adhere to
Margaret's sex stereotypes.

Leonard is also harassed on the basis of his perceived sexual orientation. It does not matter whether
or not Leonard is a gay man in order for him to have a claim for sexual orientation harassment.

Leonard might also be considered a victim of harassment on the basis of gender identity, which is a
form of sex and/or disability discrimination prohibited by the Human Rights Law. Leonard should
report Margaret's conduct, which is clearly a violation of the sexual harassment policy, to a person
designated by his employer to receive complaints (i.e. his employer’s “designee”)..

--

Leonard decides that he is not going to get a fair chance at the promotion under these circumstances,
and he complains to the employer's designee about Margaret's behavior. The designee does an
investigation and tells Margaret that Leonard's jewelry is not in violation of any workplace rule, that
she is to consider him for the position without regard for his gender, and that she must stop making
harassing comments, asking Leonard intrusive questions, and gossiping about his personal life.
Margaret stops her comments, questions, and gossiping, but she then recommends a woman be
promoted to the open position. The woman promoted has much less experience than Leonard and
lacks his two year degree in customer relations from a community college.

Question 3. Leonard has likely been the victim of discrimination on the basis of sex, sexual
orientation and/or retaliation. True or False?

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TRUE: We don't know Margaret's reason for not recommending Leonard for the promotion, but it is
not looking good for Margaret. It appears that she is either biased against Leonard for the same
reasons she harassed him, or she is retaliating because he complained, or both.

Leonard should speak further with the employer’s designee, and the circumstances of the promotion
should be investigated. If it is found that Margaret had abused her supervisory authority by failing to
fairly consider Leonard for the promotion, she should be subject to disciplinary action. This scenario
shows that sometimes more severe action is needed in response to harassment complaints, in order
to prevent discrimination in the future.

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