Sexual Harassment Training
In our Sexual Harassment Awareness
training seminars your employees will learn and apply
the important skills of handling sexual harassment issues
and complaints. This hands on workshop thoroughly addresses
the elements of how to
prevent unacceptable
behavior. The class includes a detailed
overview of what sexual
harassment is, explains legal definitions, discusses sexual
harassment prevention, and shows how to handle sexual
harassment complaints and maintain a positive work
environment.
For more information about individual sexual harassment
training courses please complete
this form. Once the form is received one of our
consultants will provide you with a confidential proposal
that will include a detailed description of the training
seminar and the costs for conducting it.
Sexual Harassment Training:
The Sexual Propositions Loophole in Sexual Harassment
You are probably familiar with the old analogy of someone using a carrot or a stick to induce another to do something. In the context of quid pro quo (this for that) sexual harassment, a harasser could use a "carrot" or a "stick" to threaten a victim. For example, if a harasser uses a "carrot", the harasser might say or imply to the victim that in exchange for a sexual favor, the victim would get a raise or promotion. If, on the other hand, the harasser uses a "stick", the harasser might threaten the victim that if sexual favors were not provided, the victim would be fired or skipped over for promotion.
In a recent case, the California Supreme Court seems to have treated sexual harassment as though harassers only use the "stick" as opposed to the "carrot" approach. In a case where the harasser essentially asked for sex in exchange for a benefit to the victim, the Supreme Court said there was no quid pro quo harm because the harasser did not follow through with the threat. This analysis would apply if the harasser used the "stick" approach, but in the case decided by the Supreme Court, the harasser had used the "carrot" approach. It is implicit in the "carrot" approach that there are no apparent consequences other than that the victim does not get the carrot in the absence of providing the sexual favor.
Quid pro quo sexual harassment should rightfully include sexual harassment with the "carrot" approach as well as sexual harassment through the "stick" approach. Even though the harasser does not punish the victim in the "carrot" approach, a victim who is propositioned for sex at work in exchange for a benefit and refuses to provide sexual favors is precluded from the offered benefit. The Court's failure to recognize the "carrot" approach may leave the victim without legal remedy. Oddly, an unwilling victim who submits to providing sexual favors would be a legal victim of sexual harassment whether or not that victim received the promised benefits from the harasser.
Source: Timothy Broderick
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