SEXUAL HARASSMENT AND OTHER UNLAWFUL HARASSMENT
Sexual harassment and other unlawful harassment cases can be difficult. They can involve strong emotions and sometimes involve two bargaining unit employees.
Generally, sexual harassment can include any unwelcome sexual advance, request for sexual favors or any other verbal or physical conduct of a sexual nature.
The union steward should endeavor to know the company's written policy regarding sexual harassment and other unlawful harassment (as one likely exists) and be prepared to assist employees. Bargaining unit employees should be acquainted with that policy and the collective bargaining agreement.
If a sexual harassment allegation is brought to the steward by a member of the bargaining unit, a timely investigation should be carried out. Due to the sensitive nature of these allegations, the steward should be mindful and sensitive to issues concerning privacy and confidentiality.
Should harassment or other unlawful harassment issues can carry legal obligations. Federal and state laws prohibit discrimination and agencies exist to investigate such alleged conduct. Therefore, after conducting an initial investigation it is generally wise to contact appropriate union officers concerning next steps.
Sexual Harassment:
(a) Harassment on the basis of sex *** [includes:] *** Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
(b) In determining whether alleged conduct constitutes sexual harassment, the record as a whole and the totality of the circumstances will be considered, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
Other Unlawful Harassment:
(a) Harassment on the basis of race, color, religion, gender, national origin, age or disability constitutes discrimination conditions and privileges of employment and, as such, violates Title VII of the Civil Rights Act of 1964, ***the Age Discrimination in Employment Act, *** the Americans with Disabilities Act, *** or the Rehabilitation Act of 1973, *** as applicable.
(1) Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, or disability, or that of his/her relatives, friends, or associates, and that:
(i) has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
(ii) has the purpose or effect of unreasonably interfering with an individual's work performance, or
(iii) otherwise adversely affects an individual's employment opportunities.
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