NYS Affirmative Action Advisory Council
EEO Quiz Biz
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NYS Affirmative Action Advisory Council
EEO Quiz Biz
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 | Richard enjoys his role as the office clown. One of the things he likes to do is to tell risqué stories to one of his male co-workers in a loud enough voice so that the females in the office can hear it. At the punch line, he and his friend laugh loudly while at the same time they watch how the women react. Most of the women pretend not to hear the stories but some are amused and react with coy smiles. Delores, on the other hand, is offended and feels degraded. However, she hasn't said anything to Richard. |
A. Is this sexual harassment? Why or why not. (click link for answer)
| Suppose Delores tells Richard that the stories upset her and make it hard for her to do her job. Richard responds by laughing. The next time he tells his stories, he makes sure Delores is nearby to hear them. |
B. What should Delores do now? (click link for answer)
| Suppose Delores' supervisor tells her not to be so prudish, that "boys will be boys" and that she should go along with it like everyone else in the office. After all, no one else seems to mind. |
C. What can Delores do to assert her rights? (click link for answer)
A. No.
Delores is responsible for telling Richard that the stories bother her. She must tell him they are unwelcome. Richard is engaging in sex role stereotyping. His conduct is untargeted since he seems to be playing to all the females, not anyone in particular. Once Delores asserts her rights and tells Richard, the responsibility shifts. Richard now has the responsibility to respect her rights and the organization's responsibility to protect it.
Delores can do several things:
Send Richard a memo telling him that she finds his jokes offensive and ask that he stops telling them in her presence.
Talk with co-workers and get witnesses and confirmations of the harassment, if possible.
Report the matter to her supervisor. At this point, the organization has a responsibility to deal with the situation. The supervisor should look into the complaint and counsel the harasser.
If the informal procedure does not solve the problem, Delores can file a formal complaint. Under Title VII, organizations have clear responsibilities in responding to formal complaints.
EEO and management officials must investigate the complaint.
The organization must protect the complainant from any retaliation for filing the complaint. The organization must also protect any witnesses who cooperate in the complaint investigation from any form of retaliation.
The organization must apply appropriate remedies such as punishing the offender and compensating the victim , if applicable. (e.g., if harassment resulted in adverse job action, reinstatement with back pay would be required.)
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