Health 450 Sexual Harassment

Dr. Martin Turnauer  mturnaue@radford.edu     Davis Hall 29       540.831.5315  

Office Hours 9 am M-R        http://www.radford.edu/~mturnaue

Meeting Dates  9am - noon      May 10/ May 31/June 7      Classes held in Davis 142

Text: None required, however using the Internet and e-mail for reading and responding is required and mandatory!

Exam- Final Essay coming from notes, videos and class presentations.

ALL PAPERS MUST BE TYPEWRITTEN AND STAPLED

First Class Overview of the Problem

Sexual harassment has become a topic of much interest during the last decade. Part of the
heightened interest may be due to a few highly publicized accusations. Yet, another factor
contributing to the increased attention is recent information on the startlingly high frequency of sexual harassment and on its serious consequences

OBJECTIVES

    1.Identify the key laws and terms associated with sexual harassment.
    2.Determine what constitutes sexual harassment through review of court cases and
       behavioral guidelines.
    3.Identify some of the costs of and organizational responses to sexual harassment issues.
    4.Identify the components of an effective organizational policy regarding sexual harassment.
    5.Describe the necessary steps for preparing effective organizational training on sexual
       harassment.
    6.Examine the need for and components of an effective follow-up plan to ensure that sexual
       harassment policies are being followed.

Class Presentation

Sexual Harassment Training

http://www.vix.com/pub/men/harass/harass.html

CLASS CONTENT

Most Recent Supreme Court & State  Rulings

http://www.washingtonpost.com/wp-dyn/articles/A53978-2001Apr23.html

http://www.fenwick.com/pub/employment_pubs/Labor_Bulletin_Summer_00/labor_bulletin_summer_00.htm#employers

Bystander sexual harassment and hostile environment

LIBRARY PORN CASE GOES TO TRIAL
A group of librarians in the Minneapolis library system has filed a federal
lawsuit against that system, alleging that administrative failures have
created an intimidating, hostile and offensive workplace. "We were living
in hell, and they were unwilling to acknowledge the problem," says one
librarian. The dispute arose in 1997, soon after the Minneapolis libraries
installed Internet access, and a number of library visitors began
displaying on publicly accessible computer images of "virtually every
imaginable kind of human sexual conduct." (AP/USAToday 26 Mar 2003)
http://www.usatoday.com/tech/news/techpolicy/2003-03-26-library-porn_x.htm
Some patrons of Minneapolis Public Library have so freely taken
advantage of the lack of restrictions on Internet usage that they
have for years been openly viewing pornography, but also
subjecting female employees to sexual comments and in some cases
have masturbated at the Library's computer stations.  (These
allegations appeared in a March lawsuit by a dozen female Library
employees, accusing the Library of long maintaining a "[sexually]
hostile work environment.") [St. Paul Pioneer Press, 3-25-03]

Did you hear the one about "25 Reasons Why Beer is Better Than

Women?"  Well you won't be hearing that around the water cooler at
Chevron Corp.  It's already cost them $2.2 million after four female
employees, offended by the series of jokes, filed a lawsuit.  ("The
Tennessean" 07/15/02)  Corporate America is becoming a very unfriendly
and litigious place to work.  No wonder masses are leaving for small,
self-controlled, entrepreneurial businesses.

The Joy of Harassment

My Team Members

Name      Phone#       E-mail                            

___________________________________ ___________________________________ ___________________________________

Group Assignment 1 - Choose a case and identify the theory behind it   Due: May 31    30 points  

Example 1

Victim A works as a waitress in a popular restaurant where the manager and other male employees routinely engage in the crudest type of sexual commentary concerning the waitresses, the female bussers, and the customers. This occurs virtually every day, all day, and has since the beginning of A's employment. A, who was raped as a young girl, was horrified to learn that the manager had recently forced one of the other waitresses to have oral sex. Although several women have complained to the owner about the behavior of the male employees, he seems unconcerned, saying, that there are always two sides to every story. The restaurant has no sexual harassment policy. Victim A, who is the sole support of her two daughters and has no salable skills besides waitressing, has no option but to remain employed. At the time she was assessed, she was seriously depressed and had suffered a recurrence of the nightmares and flashbacks that followed her previous victimization.

Example 2

Victim B, was employed as a secretary in a high-technology software firm. The firm, which had a well-developed human resources program, had an extensive sexual harassment policy and offered periodic training; the president made many public statements to the effect that harassment would not be tolerated, and the few problems that arose were dealt with immediately, usually informally, and effectively. B was thus caught off guard one night when, working late to finish a proposal, her new supervisor followed her into the women's rest room, turned out the light, locked the door, and attempted to have sex with her. Terrified, she managed to evade him, ran out of the building, and drove home; despite several frantic phone calls from her assailant protesting that he didn't mean anything and had thought she was interested in him, she filed a formal complaint with the director of human resources the following morning. After a brief investigation the manager was summarily fired; the company apologized to B, offered her time off with pay, and offered to pay for counseling. At the time of her assessment, B, who had never previously been victimized, was experiencing anxiety and mild phobic reactions to public rest rooms. She was diagnosed with an Adjustment Disorder, from which she subsequently recovered rapidly and fully.

Example 3

I feel that men not just women, can sexually harass other men. I decided that I would take three weeks off to help my wife get adjusted to having a baby and a 19 month old. The people in my department just couldn't understand why I'd need to take that much time off I wasn't the one who had given birth. Comments were made and my work wasn't being covered so I ended up only taking a week and two days off. It made me feel like I wasn't a man if I choose to stay home and take care of the kids. This same attitude manifests when I ask to take time of so I can take the kids to the doctor; after all my wife works outside the home as well and we try to share these types of chores equally.

Example 4

When I was about 25, I was referred to a general surgeon for breast masses following a company physical. The surgeon seemed really anxious to do the biopsies and scheduled them immediately after the weekend after the surgery (both masses were benign). He continued to be very solicitous; and, at the time, I appreciated all his attention and excellent caring. He asked that I see him monthly.

Seeing him on a regular basis like this led me to divulge that I was having marital problems. I often thought how kind and professional he was about my problems. It was a few years later that a gynecologist informed me that medically and ethically he perhaps should have referred me to an OB/GYN rather than doing any biopsy work, sending me for so many thermographies and mammographies, and seeing me as often as he did.

In any case, after seeing him regularly for six months (I was later told this is far too long for a general surgeon continue seeing a patient), he called me at work! I was dumbfounded and extremely nervous. What could he want? Did he find additional problems? I had no idea he was interested in me. He asked if I would be interested in meeting hem at his house so he could show me a book on sexuality (he knew my husband and I were having sexual problems) and we could discuss it together. I tried to be cool by saying, won't your wife mind? He told me his wife would be out of town for several days and that he lived in the woods so no one would see me coming or going.

I really felt weak at this point and was at a total loss for words. I know this probably sounds like a soap opera, but it really happened! I think I said, oh, I don't think so and quickly hung up the phone.

Rather than file a complaint, she kept this secret and says,

It still upsets me to talk about this. I can't believe I was so gullible to actually believe that he had my best interests at heart. For a long time after that, I was afraid to answer the phone at work for fear he would call again and put me in an awkward position. I hated that queasy, uneasy feeling of being betrayed and having to be on guard.

You know, when I think back, I often reflect on how badly I felt for his wife. Actually, I felt guilty. He's probably dead by now, but I still feel bad about the whole situation. Somehow, there's really no closure on it.

Example 5

At first he seemed really nice and very interested in my school work and any boyfriends I might have. Sometimes, particularly during the week, when we had hardly any customers, he would invite me to sit with him for dinner; and, he would talk a lot about his wife and his two daughters. Then he started brushing close to me in the kitchen and deliberately finding ways to corner me. Actually, I guess he thought he was a pretty sexy inviting person, but I had no interest in him or any of his advances. I was only interested in being paid and getting lots of tips.

As time went on, he became friendlier and friendlier until one night he sent me into the basement for additional supplies and followed me. He pinned me up against the wall and started kissing me and pulling my uniform up. I pushed him away but didn't say anything. Actually, I was pretty naive and really didn't know quite what to say. He seemed to accept that for awhile.

In any case, one night I needed a ride home from work and my boss offered to drop me off so my father wouldn't have to pick me up. Halfway home, he pulled the car off to the side of the road and started kissing me. He pulled his zipper down and started forcing my face toward his opened pants. It wasn't until several years later that I realized what he wanted. But, at the time, I was a virgin and had no sexual experience. I was very naive. I will say one thing, though, when I pushed him away, he went along with it and drove me home.

She told no one about this incident, perhaps because she did not know what to name it, perhaps because those things were simply not talked about.

I thought about telling my parents, but I didn't know quite how to put it into words. Besides, my father's nephew, who would spend the summers with us, would always corner me and try to put his hand down my shorts. And, when I tried to tell my parents they didn't want to be bothered. They're really good people but I think I didn't do a very good job of explaining what was happening; and, in the 50's, you just didn't talk about behavior like that.

Example 6

A student who worked one summer as a painter's assistant at her college recounts filing a harassment complaint against her supervisor.

Everyday we usually had 2 breaks. Sometimes J. (my friend) would be sleeping, just taking a short nap, and he would come over and tickle her to wake her up. Also, he would always pull on my ponytail, for no real reason. I was just like whatever I was sort of irritated but I let it slide. I would take steps to stay out of his way though. Whenever I heard his car pull up, I would wake J.  up and just try to avoid him as much as possible. At least position myself so that I was facing him, so he couldn't come up from behind and pull my ponytail. A couple of times when he first did this, we asked ourselves if we thought we should do anything about it, but we decided not to. We thought it would just make things harder.

During my last week there I was washing some of the walls, trying to clean them up, when A. Came in. He started saying something like Oh, it's your last day and said good-bye. He also said it's been a pleasure working with you. I just said thanks, and started to wash the walls again. But all of a sudden he grabbed me and plants one. I told him to let go, and his kiss ended up landing on my jaw rather than my cheek, because I moved. I think I said something like don't do that again.

(And what was his reaction?)

I don't even think he realized that what he did bothered me, he just left. I said don't do that, but he was already on his way out the door. I was disgusted. I felt like I was in 3rd grade or something. I ran to the bathroom and scrubbed my face. I felt revolted, and invaded. Ok! K. (The high school student) saw it and was disgusted too. He said, I would have slapped him.

On the day he kissed me though, I called (our affirmative action officer) right after it happened. One of the appointees was in the room when it happened, and I think he saw it, but he said he didn't, that he may have had his back turned. K. saw it though, and said he would be a witness if I needed him to. I saw (the affirmative action officer) the next day at 8 a.m. She was totally on my side. She said that inappropriate things like that happened a lot, and that he's not my father, he's my boss, and he shouldn't have acted the way he did. I was so glad to hear her say that, I was just like thank you!

Example 7

One instance of framing harassment was told as it occurred by a woman who also occupied a higher social class than the person she wished to confront. In addition, she had no contractual relationship to protect and had friends who knew what constituted harassment.  She recounts:

He was one of those people who's not very educated, and I guess maybe I was threatening to him as an educated woman, he'd just stare and say you really look hot today and it made me so mad, but I didn't say anything, at least not right away. I just tried to ignore it, because I wasn't working with him and didn't have anything else to do with him, so I thought I could just ignore him, but finally, since he made comments practically everyday, I called a friend and told him about this and he said that's definitely sexual harassment and I could do something about it if I wanted to. So after that, the next time the guy made one of those comments, I just told him,  I don't want you ever to comment on what I'm wearing or how I look again, And that did it.
 

Group Assignment  2- Due  May 31         30 points

As a Team from the readings, describe in detail, the theory for which you believe why sexual harassment occurs. As you read articles - cite how the information relates to you and your job situation.

http://news.google.com/

http://www.daypop.com/    searches over 6,200 news sites for current events/breaking news

http://refdesk.com/ 

http://www.libraryspot.com

http://www.kartoo.com   http://vivisimo.com/       

http://www.ithaki.net/indexu.htm       

http://lib.radford.edu/

http://www.charleston.net
http://www.time.com/time/index.html
http://www.washingtonpost.com/
http://site.search.msn.com/
http://63.111.42.146/home/

Selected Sexual harassment  research sources:

http://www.vix.com/pub/men/harass/harass.html

http://www.feminist.org/news/newsbyte/january97/0122.html
http://www.google.com/search?sourceid=alladv_default&q=hooters+and+sexual+harassment
http://wl.office.com:80/SearchServlet.oc?query=sexual+harassment&Path=%2Ffastfind%2Fall&D=

Sexual harassment in the military
http://www.cnn.com/US/9702/04/army.update/index.html

http://www.usatoday.com/life/cyber/tech/2001-05-02-army-porn.htm

http://news.bbc.co.uk/hi/english/world/americas/newsid_745000/745435.stm

http://cnn.com/US/9809/23/army.hale.02/index.html?pointcast

Normative Issues in defining sexual harassment

Use this Review Form - one form/team

NAME: ___________________________________________

DATE: _____________________

TITLE/SOURCE OF ARTICLE: _____________________________________________

BRIEFLY STATE THE MAIN IDEA OF THIS ARTICLE:

LIST THREE IMPORTANT FACTS THAT THE AUTHOR USES TO SUPPORT THE MAIN IDEA:

WHAT INFORMATION OR IDEAS DISCUSSED IN THIS ARTICLE ARE ALSO DISCUSSED IN OTHER READING YOU HAVE DONE?

LIST ANY EXAMPLES OF BIAS OR FAULTY REASONING THAT YOU FOUND IN THE ARTICLE:

LIST ANY NEW TERMS/CONCEPTS THAT WERE DISCUSSED IN THE ARTICLE AND WRITE A SHORT DEFINITION:
 

Individual  Assignment  3- Due May 31        30 points

Identify and relate 3 situations of sexual harassment - jokes/stories/situations. Write up and bring these to class for discussion.

Group Assignment     Due June 7 - 50 points 

Choose a sexual harassment case and identify the facts in the case. If the case is still in litigation, what could be the potential ruling? If not, what was the eventual ruling? Why? Do you concur with the ruling? Support your decision. If you don't concur with the ruling, how would you have ruled?

As a group, follow the sexual harassment story in the media. Identify different sources - radio, TV, papers and magazines and cite ways it is handled and differences in reporting.

For this area, you will read an article from the current popular media, write a 1 or 2 page review and orally report on it.

Expectations: The following responsibilities should be met, not necessarily in the order below, or even neatly separated. You have 15-20 minutes maximum.

Inform: What are the facts on both sides?

Relate: Draw out the lessons what we have discussed in class.

Judge: How accurately does the media cover the subject? What biases/differences can you identify? (facts, general issues or concerns involving gender and sexuality).
------------------------------------------------
Choose from these cases for a team report

Politics
Jones-Clinton         http://worldwidenews.com

 http://www.ussc.alltheweb.com/cgi-bin/search?type=all&query=%22sexual+harassment%22
{can use to search other sexual harassment topics}

http://www.washingtonpost.com        search archives

Hill-Thomas(VT 2832)    Senator Robert Packwood     Delegate Vance Wilkins (R-VA), Henry Hyde

Kentucky Gov. Paul Patton http://www.fortwayne.com/mld/newssentinel/4124877.htm

Companies
Dial Soap sexual harassment    

http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=dial+soap+sexual+

Astra AB (drug company) Nexium - purple pill for acid reflux, Mitsubishi Motors, Ford Motor, Daimler-Chrysler, Smith Barney, John Morrell

http://search.dogpile.com/texis/search?q=chrysler+%2B+sexual+harassment&geo=no&fs=web

http://shrm.org/search/rec9.asp?topictype1=1&queryinfo=sexual+harassment

http://www.now.org/issues/wfw/smith-barney.html

http://www.now.org/issues/harass/issuerep.html

Kroger (Ralph's Grocery)

http://www.boston.com/dailynews/276/economy/Morrell_ordered_to_pay_1_5_mil:.shtml

http://www.nctimes.net/news/2002/20020406/54543.html

http://www.nctimes.net/news/2002/20020411/54545.html

http://enquirer.com/editions/2002/04/09/fin_subsidiary_of_kroger.html

http://abcnews.go.com/sections/primetime/DailyNews/primetime_ralphs_020620.html

restaurant customer reaction to sexual harassment

Same sex harassment     http://www.nolo.com/ChunkEMP/emp.index.html#3
                                     http://www.nolo.com/encyclopedia/articles/emp/sterile.html

Military
Lt. General Claudia Kennedy  http://www.cnn.com/2000/US/04/06/general.harassment/index.html
Tailhook,The Citadel, Army/Major Sargent McKinney/recruits in the Army-Aberdeen, Maryland/retired Maj.General David Hale, Maj.General Larry Smith

http://uk.news.yahoo.com/030226/80/du5sy.html

http://www.google.com/custom?q=air+force+sex+rape&sa=Go&cof=LW%3A227%3BL%3Ahttp%3A%2F%2Fwww.refdesk.com%2Fnewlogo.gif%3BLH%3A89%3BAH%3Acenter%3BGL%3A0%3BS%3Ahttp%3A%2F%2Fwww.refdesk.com%3BAWFID%3A819b79daf1a03264%3B

http://www.hotbot.com/default.asp?prov=Inktomi&query=air+force+sexual+harassment&ps=&loc=searchbox&tab=web

Air Force rallied around rapist, not victim

Debra Dickerson grew up poor and black. Her way out was by enlisting in the U.S. Air Force. For 12 years she had a stellar career: she was decorated, she earned her B.A. and M.A., and was promoted to officer. But before all that, on Christmas Day, 1981, while on her first assignment, she was raped in her bed. She pressed charges and her attacker confessed. You might think the story ends there. But that's where the story of begins. Because she found herself ostracized and blamed by her commanding officer while her attacker's virtues were extolled by the other soldiers. Here's her story. And her amazement that nothing is different now, as the Air Force Academy rape scandal unfolds. In fact, she calls herself a fool for thinking things have changed. Read the full article on the New York Times (registration required):
http://www.nytimes.com/2003/03/18/opinion/18DICK.html?th

http://israeliculture.miningco.com/library/extra/blsexual.htm   - Israeli Army
http://www.chinfo.navy.mil/navpalib/people/harasmnt/dod95/harass95.html   - US Navy
http://www.cnn.com/US/9611/11/army.sex.2/
http://www.feminist.org/911/sexharnews_military.html

Entertainment 

"The casting couch"

http://www.google.com/search?hl=en&q=Michael+Greene+%2B+sexual+harassment&spell=1

James Brown       Television/films - Disclosure    

Best Dam Sports Show Period

http://reuters.com/newsArticle.jhtml?type=entertainmentNews&storyID=2670897

http://news.google.com/news?q=fox+sports&hl=en&lr=&ie=UTF-8&sa=N&tab=nn

College Sports
Mike Dubose, University of Alabama football coach
Terry Bowden, Auburn University football coach
Wimp Sanderson, University of Alabama basketball coach

Mike Dunavant - Eastern Mennonite University women's basketball coach

http://www.dailypress.com/news/local/virginia/dp-bkw--emucoachresigns0417apr17,0,3994518.story?coll=dp-headlines-virginia

Jim Harrick, University of Rhode Island basketball http://espn.go.com/ncaa/news/2003/0204/1503815.html

http://www.sportserver.com/basketball/colm/general/story/786038p-5628266c.html

http://www.bruinsports.com/Page.aspx?ID=68

Catholic Clergy

Puerto Rican day in NYC, 2000

Stanford University Medical School         Book - "Walking Out On the Boys"

Muhlenberg College President Arthur Taylor

Do either final exam 50 points and submit by July 9.

Group Exam

A female employee has worked for a company for 7 years without receiving a promotion, but has received favorable evaluations and continued pay raises.

Newly employed females (less than than the plantiff) have received promotions and thus better pay after being asked and having sex with the never married male boss.

The plantiff has never been asked for sex by the boss.

Does the plantiff have a case of sexual harassment?

Search  for Ellerth & Burlington on the internet to support your case


Individual Exam  - do the exam with a young(er) person new to work force or a young person who will soon be entering the workforce, as well as, an experienced worker .

Assignments - for 4 credits

You will review your own company sexual harassment policy and how employees are instructed and continually informed about the enforcement and practice of company policy.

4 credit exam  

Assignments - for 5 credits

For 5 credits, you will be a group facilitator and do both final exams in addition to doing the assignment for 4 credits.