Supervisor's Handbook

Dear Supervisor:

Being a supervisor is difficult. You figure out systems and strategies for handling so many different responsibilities and then along comes a new policy, procedure or problem to wrestle with.

Sexual harassment and discrimination aren't new problems, but many of the supervisors we work with have expressed their frustrations in dealing with these issues. We developed this handbook with two purposes in mind. First, we wanted to provide concise, accurate information to increase your own understanding of sexual harassment and discrimination. Second, since you may handle only a handful of cases in these areas during your career at UCD, we wanted to give you some guidance in a format you could literally reach for when you need it.

This handbook is based on several principles. Understanding that framework will make it even easier for you to use this handbook successfully.

• This handbook supplements other educational opportunities offered at UCD -- it doesn't replace them. We continue to recommend that all supervisors take relevant classes through Staff Development and Professional Services, attend seminars and workshops sponsored by our units, and avail themselves of as many resources as possible to continue improving their abilities to address these problems.
• The specific strategies and techniques described here may be helpful in other situations, too. While our primary focus is to help you resolve sexual harassment and discrimination problems, we hope you will be able to apply these ideas to other types of conflicts, at work and in other facets of your lives.
• Some behaviors, while not violations of the law or University policy, still violate the Principles of Community and do not promote diversity. Whether or not you become fluent in the language of the laws on discrimination, it's crucial for you as a supervisor to understand UCD's commitment to creating and maintaining an atmosphere free of all forms of discrimination and harassment.

We wish there were no need for a handbook like this. Perhaps the issues of discrimination and sexual harassment will be eradicated from institutions like ours in the not-too-distant future. Until then, we hope you find this book a useful resource as you fulfill your supervisory responsibilities. Good luck!

RELEVANT UCD POLICIES

1. UNIVERSITY OF CALIFORNIA NONDISCRIMINATION POLICY REGARDING ACADEMIC AND STAFF EMPLOYMENT

   It is the policy of the University not to engage in discrimination against or harassment of any person employed or seeking employment with the University of California on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer related), ancestry, marital status, age, sexual orientation, citizenship, or status as a Vietnam-era veteran or special disabled veteran. This policy applies to all employment practices, including recruitment, selection, promotion, transfer, merit increase, salary, training and development, demotion, and separation. This policy is intended to be consistent with the provisions of applicable State and Federal law and University policies.

2. SEXUAL HARASSMENT GENERAL POLICY STATEMENT
   Section 380-12

   The University of California is committed to creating and maintaining a community in which all persons who participate in University programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation, including sexual. Specifically, every member of the University community should be aware that the University is strongly opposed to sexual harassment and that such behavior is prohibited both by law and by University policy. Retaliation is also prohibited toward an individual on the basis of her/his bringing a complaint of sexual harassment. It is the intention of the University to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior that violates this policy.

3. STAFF COMPLAINTS CHARGING DISCRIMINATION
   Section 380-15

   Discriminatory actions by any employee are prohibited by University policy. Complaints may be brought under this policy for alleged discriminatory action or harassment based upon race, color, national origin, ancestry, religious creed, gender, sexual orientation, marital status, medical condition, disability, Vietnam-era veteran status, special disabled veteran or because of age or citizenship.

LAWS AND REGULATIONS CONCERNING
SEXUAL HARASSMENT AND DISCRIMINATION

1. Federal Executive Order 11246 dictates that all federal contractors must be in compliance with the legislation below, and must make good faith efforts to eliminate any racial, ethnic or gender underrepresentation in employment. The federal government can invoke penalties and fines on a day-by-day basis for non-compliance in rectifying a situation of discrimination or sexual harassment, and must make good faith efforts to eliminate any racial, ethnic or gender underrepresentation in employment. For such processes, a civil law suit must be filed within one year.
2. Sexual Harassment and Discrimination violate Title VII of the Federal Civil Rights Law. Complaints may be filed directly with the Equal Employment Opportunity Commission. Such complaints must be made within 300 days of the last incident.
3. Sexual Harassment and Discrimination are also prohibited by Title VI and TitIe IX of federal education law. Complaints may be filed with the U.S. Department of Education within 180 days from the last incident or from the date of the outcome of a grievance.
4. Sexual Harassment and Discrimination are illegal under California State Law and complaints may be made to the California Department of Fair Employment and Housing within 365 days from the last incident.
5. Civil lawsuits must be filed within one year.

These regulations are rigorous and subject employers to substantial liability if it fails to take positive action to prevent and resolve such behavior. The EEOC Title VII regulations state that "an employer is responsible for its acts and those of its agents regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have know of their occurrence." The regulations also state that "an employer is responsible for acts of Sexual Harassment in the work place where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate administrative action."

DEFINITIONS

I. WHAT IS SEXUAL HARASSMENT?

Sexual Harassment can be defined as unwelcome conduct of a sexual nature in the work or learning environment.

Quid Pro Quo

Sexual harassment occurs when a person in a position of power uses that power to coerce a subordinate into providing sexual favors. The imbalance of power creates a situation in which a subordinate does not feel free to say "no."

• Demanding sexual favors in exchange for a promotion or a raise
• Disciplining or firing a subordinate who ends a romantic relationship
• Changing performance expectations after a subordinate refuses repeated requests for a date

Hostile Environment

Behavior of a sexual nature in the workplace or learning environment can create an intimidating, offensive or hostile environment that affects people's ability to do their job or to learn. This behavior may occur between peers or between people with unequal power.

• VERBAL: jokes, comments, repeated requests for dates
• PHYSICAL: touching, fondling, sexual assault
• VISUAL: suggestive pictures, posters, cartoons

Third Party Complaints

Someone who is not the direct recipient of the unwanted sexual attention, but who feels that this behavior has created an offensive or intimidating environment for them, may legitimately make a complaint.

II. WHAT IS DISCRIMINATION?

Discrimination is the act, practice, or an instance of treating a person(s) differently than others because of that person's race, gender, ethnicity, age, or other protected characteristic.

Intentional Behavior

Discrimination claims require proof that the decision maker was actually motivated by the complainant's race, gender, etc.

Disparate Treatment

The employer treats one or more persons less favorably than others because of their race, gender, etc. This is the most common type of discrimination case.

Hostile Environment

A work or learning environment which becomes offensive or intimidating to someone because of discriminatory behavior.

• VERBAL: jokes, comments or epithets
• VISUAL: cartoons, posters, written comments/symbols

III. WHAT IS RETALIATION?

The right to file a complaint is a protected activity. Employees and students must feel confident that making such a complaint will not result in any punitive or discriminatory behavior towards them by others: the accused party, a supervisor, or any other individual.

IV. WHAT IS AN AGENT OF THE INSTITUTION?

Anyone with supervisory authority -- by title or practice -- acts as a representative or "agent" of the employer, UC Davis.

If your position involves supervising, evaluating, hiring, or any other activity which may affect someone's terms or conditions of employment or academic status, you are an AGENT OF THE INSTITUTION.

V. WHAT IS BEING "ON NOTICE?"

If an agent of the institution receives information regarding sexual harassment or discrimination, and the information is sufficient to identify the accused, the institution is considered to be on notice that sexual harassment or discrimination may be occurring. The institution is then obligated to address the allegations appropriately and promptly.

COMMONLY ASKED QUESTIONS AND ANSWERS

What about free speech? Doesn't the constitution guarantee my right to say whatever I want, hang up the posters I want, etc.? Also, isn't my office my own personal space?

Supervisors can have a very hard time finding the balance between protecting everyone's First Amendment rights, and encouraging everyone to respect the UCD Principles of Community. We recommend taking proactive steps to help your own unit develop and maintain an atmosphere in which people treat each other respectfully. Many questions of this type need to be answered on a case-by-case basis.

Aren't these issues just an example of some people taking things too far? Can't everybody just lighten up?

A sense of humor is important, but discrimination and sexual harassment are serious issues. The laws which now exist were created in response to real practices which had detrimental effects on real people. These laws protect people's right to a workplace and academic environment free from discrimination, including sexual harassment. Supervisors should encourage people to take these issues seriously, and refrain from minimizing or making light of concerns brought to their attention.

What kind of obligation is there for the "victim" to tell the other person that their behavior is offensive or unwelcome?

Most of us would probably agree that in the ideal world, we would all resolve conflicts directly. Informing someone that their words or actions are offensive or intimidating is sometimes all that's needed for the behavior to stop. We all need to do what we can to help create an environment at UC Davis for people to feel comfortable talking openly and directly.

In many cases, however, there are legitimate reasons why the "victim" can't bring their concern directly to the other person. Often, the power difference between them is too intimidating. Some people are simply less assertive than others. Some of us were brought up with cultural norms that discourage direct confrontation.

Supervisors should discuss all possible options for resolving a conflict which is brought to their attention. This would include the option of the two parties discussing the problem directly; but supervisors should avoid communicating the idea that direct confrontation is required.

Does this mean I can't pay someone a compliment anymore?

People generally can tell the difference between a genuine compliment meant to flatter someone, and a harassing remark meant to intimidate or belittle them. Be aware of compliments. However, if you always compliment someone's physical appearance and never their professional or academic abilities, they could easily get the impression that you only appreciate them for their physical attributes, sense of clothing style, etc.

Don't a lot of these complaints get filed just to get revenge?

"NOW WHAT?" - HANDLING COMPLAINTS

Note: There is no one response that fits all situations. However, if you are unsure of how to respond when you're put on notice, call our offices.