Human Resources Sexual Harassment: Sexual

Human Resources Sexual Harassment: Sexual harassment is unwelcome behavior directed at the opposite sex that is deliberate or repeated, not asked for or returned and which affects the terms and conditions of employment (Sexual Harassment Policy, p. 2). Courts and employers generally use the definition of sexual harassment contained in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC). This language has also formed the basis for most state laws prohibiting sexual harassment.

The guidelines state (See the Free Dictionary "Sexual Harassment"): 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 individuals; 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. (29 C.F.R. § 1604.11 [1980]). Sexual harassment can take any or all of the following three forms (see Sexual Harassment Policy, pp. 2f.): 1. Verbal Harassment: Epithets, derogatory jokes or comments, slurs or unwanted sexual talk.

It also includes verbal abuse of a sexual nature such as graphic verbal commentaries about a person's body, sexually degrading words used to describe an individual, propositioning, suggestive or sexually graphic letters, notes and invitations. 2. Physical Harassment: Assault, battery, impeding or blocking normal movement or interfering with work, and unwanted touching such as, pinching, grabbing, patting. 3. Visual Harassment: Derogatory posters, notices, cards, calendars, bulletins, cartoons, graffiti, photographs, signs, drawings, protracted staring or gestures.

The three forms of sexual harassment, described above, can be exhibited as one of two types of sexual harassment: Quid Pro Quo Harassment or Environmental Harassment (see Sexual Harassment Policy, p. 4): 1. Quid Pro Quo Harassment: Unwelcome sexual advances, requests for favors, and other verbal, physical or visual conduct of a sexual nature when: a) Submission to such conduct is made a term or condition of a person's employment, b) Submission to or rejection of such conduct is used as a basis for employment decisions affecting such person. 2.

Hostile Work Environment: Any of the forms of unwelcome behaviors of a sexual nature that are severe or pervasive enough that it either alters a condition of employment or creates a hostile or abusive work environment. Reference List Sexual Harassment Policy and Complaint Procedures. 1-5. Accessed 20 November 2011. < www.co.imperial.ca.us/.../FormsDownloadGuidelinesandDocuments/> The Free Dictionary. "Sexual Harassment." Accessed 20 November 2011.

< legal-dictionary.thefreedictionary.com/sexual+harassment> Americans with Disabilities Act (ADA): The Americans with Disabilities Act is the single most important piece of legislation to improve the lives of people with disabilities. It turned 20 years old on July 26, 2010. Changes made by the ADA Amendments Act of 2008 (P.L. 110-325) became effective on January 1, 2009. The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA does not specifically name all of the impairments that are covered.

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment.

It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I. Title I complaints must be filed with the U.S.

Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC. Reference List A Guide to Disability Rights Laws. September 2005. Accessed 21 November 2011.

< www.ada.gov/cguide.htm>Cached - Similar Define and discuss job analysis: Job Analysis is a process to identify and determine in detail the particular job duties and requirements and the relative importance of these duties for a given job. Job Analysis is a process where judgments are made about data collected on a job. An important concept of Job Analysis is that the analysis is conducted of the job, not the person.

While Job Analysis data may be collected from incumbents through interviews or questionnaires, the product of the analysis is a description or specifications of the job, not a description of the person. The purpose of Job Analysis is to establish and document the 'job relatedness' of employment procedures such as training, selection, compensation, and performance appraisal (HR Guide to the Internet: Job.