Sexual Harassment Prevention: The Illinois Requirement

Course #57082-


Self-Assessment Questions

    1 . On a national level, unwanted sexual advances in the workplace were made illegal in
    A) 1921.
    B) 1949.
    C) 1964.
    D) 1989.

    INTRODUCTION

    Under Title VII of the Civil Rights Act of 1964, unwanted sexual advances in the workplace were made illegal, but it was not until the 1970s that the term "sexual harassment" began to gain recognition, due in large part to the women's rights movement [1,2]. While sexual harassment is a term that has been familiar to the general population for the past 40 years, it has returned to the spotlight since the beginning of the "Me Too" movement, which started in 2006 before gaining renewed support and widespread following in 2017 with the viral hashtag #metoo. The now-global movement continues to provide support and resources for survivors, as well as building communities of advocates and working to disrupt the systems that allow sexual harassment and violence to occur [3].

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    2 . Psychologically, sexual harassment has been divided into what three categories?
    A) Verbal, emotional, and physical
    B) Workplace, public, and educational
    C) Quid pro quo, hostile work environment, and bullying
    D) Gender harassment, unwanted sexual attention, and sexual coercion

    DEFINING SEXUAL HARASSMENT

    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

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    3 . Quid pro quo sexual harassment is defined as
    A) insults based upon sex or sexist comments.
    B) sexual compliance as a condition of a relationship.
    C) a supervisor or other superior asking for sexual favors in exchange for benefits at work.
    D) unwanted and unwelcome advances, comments, or any other content that is offensive, hostile, or threatening.

    DEFINING SEXUAL HARASSMENT

    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 negative 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].

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    4 . Title VII of the Civil Rights Act of 1964 applies to
    A) state government.
    B) federal government.
    C) private businesses with 15 or more employees
    D) All of the above

    DEFINING SEXUAL HARASSMENT

    As noted, Title VII of the Civil Rights Act of 1964 is a federal law that protects workers from discrimination regardless of their gender, race, color, national origin, or religion [2]. The EEOC was created under Title VII and is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. This law applies to businesses with 15 or more employees and to federal, state, and local governments. Violation of Title VII can encompass all aspects of employment, including but not limited to hiring, firing, layoffs, compensation, training, promotions, and assignments. It is also illegal to discriminate against a person for making a complaint or reporting discrimination. Specifically, section 703 of Title VII states it shall be an unlawful employment practice for an employer to [2,8]:

    • Fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin

    • Limit, segregate, or classify his/her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee, because of such individual's race, color, religion, sex, or national origin

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    5 . The Illinois Human Rights Act, enforced by the Illinois Department of Human Rights (IDHR), ensures the right of all employees to
    A) speak their minds at work.
    B) sue employers for unfair work practices.
    C) work in an environment free of sexual harassment or discrimination.
    D) form watchdog groups to ensure that business are complying with Title VII laws.

    DEFINING SEXUAL HARASSMENT

    There are several laws in the state of Illinois regarding the prevention of, training to prevent, and protection from sexual harassment. The Illinois Human Rights Act, enforced by the Illinois Department of Human Rights (IDHR), ensures the right of all employees to work in an environment free of sexual harassment or discrimination [15]. In 2017, the Illinois Sexual Harassment and Discrimination (SHD) helpline and website were created in order to help inform and guide individuals through the sexual harassment reporting process [17]. In 2020, the state of Illinois enacted the Workplace Transparency Act (WTA) to address the compliance of employment contracts in discrimination and harassment laws. The WTA indicates that it is unlawful to include in any contract or other employment agreement language that prohibits or prevents reporting of harassment allegations or making truthful statements as a condition of employment or continued employment [16]. The state of Illinois also requires that places of business have sexual harassment policies in place in order to protect employees and ease the reporting process [18].

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    6 . Which of the following is a consequence of sexual harassment in the workplace?
    A) Increased drug and alcohol use
    B) Lowered productivity
    C) Higher employee turnover
    D) All of the above

    CONSEQUENCES OF SEXUAL HARASSMENT

    Sexual harassment can negatively affect an individual's mental health, physical health, and sense of safety. Victims of sexual harassment are more likely to be depressed and to have symptoms of stress and anxiety, including post-traumatic stress disorder (PTSD). Sexual harassment has been associated with additional negative psychologic effects, including burnout, unhealthy eating behaviors, self-blame, reduced self-esteem, emotional exhaustion, anger, disgust, fear, and less satisfaction with life in general; these issues can, in turn, affect an individual's work life and compromise the quality of patient care. Furthermore, victims of sexual harassment may be more likely to abuse drugs and alcohol and self-harm. Physical health consequences may include headaches, exhaustion, disrupted sleep, gastrointestinal problems, weight gain or loss, and cardiovascular and respiratory issues [5].

    Sexual harassment has been shown to lower productivity in the workplace. This may occur when a harasser uses work time to plan, discuss, and/or engage in harassing behaviors. Victims of sexual harassment may be required to spend work hours seeking assistance or documenting an incident of harassment. To avoid harassing or due to distress, victims may be tardy, may neglect duties or assignments, or may be absent from work altogether. Sexual harassment in the workplace can negatively affect the entire team, creating a tense, uncomfortable environment for all employees.

    Employee turnover is higher when there is harassment in the workplace. A national survey showed that 1 in 7 women and 1 in 17 men reported looking for a new job, changing jobs, or quitting due to sexual harassment in the workplace [19].

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    7 . Which of the following is a negative psychologic consequence of workplace sexual harassment?
    A) Burnout
    B) Substance use
    C) Emotional exhaustion
    D) All of the above

    CONSEQUENCES OF SEXUAL HARASSMENT

    Sexual harassment can negatively affect an individual's mental health, physical health, and sense of safety. Victims of sexual harassment are more likely to be depressed and to have symptoms of stress and anxiety, including post-traumatic stress disorder (PTSD). Sexual harassment has been associated with additional negative psychologic effects, including burnout, unhealthy eating behaviors, self-blame, reduced self-esteem, emotional exhaustion, anger, disgust, fear, and less satisfaction with life in general; these issues can, in turn, affect an individual's work life and compromise the quality of patient care. Furthermore, victims of sexual harassment may be more likely to abuse drugs and alcohol and self-harm. Physical health consequences may include headaches, exhaustion, disrupted sleep, gastrointestinal problems, weight gain or loss, and cardiovascular and respiratory issues [5].

    Sexual harassment has been shown to lower productivity in the workplace. This may occur when a harasser uses work time to plan, discuss, and/or engage in harassing behaviors. Victims of sexual harassment may be required to spend work hours seeking assistance or documenting an incident of harassment. To avoid harassing or due to distress, victims may be tardy, may neglect duties or assignments, or may be absent from work altogether. Sexual harassment in the workplace can negatively affect the entire team, creating a tense, uncomfortable environment for all employees.

    Employee turnover is higher when there is harassment in the workplace. A national survey showed that 1 in 7 women and 1 in 17 men reported looking for a new job, changing jobs, or quitting due to sexual harassment in the workplace [19].

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    8 . Which of the following steps should a victim of sexual harassment take?
    A) Accept some blame for the offensive behavior.
    B) Avoid involvement of the labor union, if applicable.
    C) If possible, document all incidents of sexual harassment.
    D) Avoid alerting a supervisor until a lawsuit has been filed.

    WHAT TO DO IF ONE EXPERIENCES OR WITNESSES UNWELCOME SEXUAL CONTACT

    If an individual experiences or witnesses sexual harassment in a place of work, there steps that may be appropriate to take, including [17,8]:

    • It is important that the victim of sexual harassment not blame her- or himself. The blame should be put on the harasser.

    • The victim should report the offending behavior to a superior or otherwise follow the grievance system that the employer has in place.

    • If possible, document all incidents of sexual harassment, including when it occurred, what happened, what was said or implied, and who was present.

    • The victim should make clear to the harasser that his or her behavior, speech, or actions are unwelcome and must stop. This may feel uncomfortable to the victim, but it is often the most effective strategy. If a face-to-face discussion is too difficult or dangerous, the victim may choose to send an e-mail or memo to the harasser outlining the incidents and explaining her or his feelings.

    • If one feels comfortable, one may confide in a friend, family member, or coworker. This may help to reduce stress and receive support. Additionally, one may learn that he or she has not been the only one to experience sexual harassment from a particular harasser and a plan to report may be made.

    • Seeking counseling may help reduce stress related to the sexual harassment.

    • If the victim belongs to a union, it may be effective to report the harassment directly to the labor union.

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    9 . How long after an alleged allegation of discrimination, including sexual harassment, does an individual have to file an employer charge of discrimination to the IDHR?
    A) 30 days
    B) 1 months
    C) 2 years
    D) There is no time limit.

    REPORTING SEXUAL HARASSMENT

    An employment charge of discrimination, including issues related to sexual harassment, can be reported to the IDHR by email, mail, fax, or in person, and must be filed within two years of the alleged discrimination. The employee who wishes to report sexual harassment must complete, sign, and submit a complainant information sheet (CIS) to the IDHR. More information, including the CIS and office locations, can be found online at https://dhr.illinois.gov/filing-a-charge/employment.html [18]. In addition to an employment charge of discrimination, the IDHR also enforces four additional charge areas, including: education; fair housing; financial credit; and public accommodations. Each charge area has a separate reporting form [18].

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    10 . Which of the following actions is considered retaliation if done in response to an employee's action with the EEOC?
    A) Transferring the employee to a less desirable position
    B) Answering questions during an employer investigation
    C) Creating new workplace policies and procedures to respond to reports of harassment
    D) Communicating with another supervisor or manager about employment discrimination

    WHISTLEBLOWER PROTECTIONS

    An action is considered retaliation if, in response to an employee's action with the EEOC, the employer or supervisor [20]:

    • Reprimanded the employee or gave a performance evaluation that was lower than it should have been

    • Transferred the employee to a less desirable position

    • Engaged in verbal or physical abuse

    • Threatened to make, or actually made, reports to authorities (such as reporting immigration status or contacting the police)

    • Engaged in increased scrutiny

    • Spread false rumors

    • Treated a family member negatively (e.g., canceled a contract with the person's spouse)

    • Made the person's work more difficult (e.g., purposefully changing an employee's work schedule to conflict with family responsibilities)

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