Sexual Harassment/Assault Rape

Prevention
(SHARP)
 Mission
• Create a climate that minimizes sexual assault/harassment
incidents, which impact CEPS personnel and, if an incident
should occur, ensure that victims and subjects are treated
according to CEPS policy.
• Create a climate that encourages victims to report incidents
of sexual assault/harassment without fear.
• Establish sexual assault prevention training and awareness
programs to educate CEPS personnel.
• Ensure sensitive and comprehensive treatment to restore
victims' health and well-being.
• Ensure leaders understand their roles and responsibilities
regarding response to sexual assault victims, and take
appropriate administrative and disciplinary action.
 Statement
• Copper Eagle Patrol & Security is an equal opportunity
employer and makes employment decisions on the basis of
merit. We want to have the best available people in every
job. Company policy prohibits unlawful discrimination
based on race, color, creed, gender, religion, marital status,
registered domestic partner status, age, national origin or
ancestry, physical or mental disability, medical condition
including genetic characteristics, sexual orientation, or any
other consideration made unlawful by federal, state, or
local laws. It also prohibits unlawful discrimination based
on the perception that anyone has any of those
characteristics, or is associated with a person who has or is
perceived as having any of those characteristics. All such
discrimination is unlawful.
• The Company is committed to compliance
with all applicable laws providing equal
employment opportunities. This commitment
applies to all people involved in Company
operations and prohibits unlawful
discrimination by any employee of the
Company, including supervisors and
coworkers.
• To comply with applicable laws ensuring equal
employment opportunities to qualified
individuals with a disability, the Company will
make reasonable accommodations (given the
assigned duty) for the known physical or
mental limitations of an otherwise qualified
individual with a disability who is an applicant
or an employee unless undue hardship would
result.
• Any applicant or employee who requires an
accommodation in order to perform the essential functions
of the job should contact a Company representative with
day-to-day personnel responsibilities and request such an
accommodation. The individual with the disability should
specify what accommodation he or she needs to perform
the job. The Company then will conduct an investigation to
identify the barriers that interfere with the equal
opportunity of the applicant or employee to perform his or
her job. The Company will identify possible
accommodations, if any, that will help eliminate the
limitation. If the accommodation is reasonable and will not
impose an undue hardship, the Company will make the
accommodation.
 Statistics
• 54% of all US employees have experienced some
form of workplace sexual harassment.
• 27% of employees experienced harassment by
their colleague, while 17% were harassed by their
superior.
• 79% of the victims are women; 21% were men.
• 12% had received threats of termination if they
did not comply with the requests of the sexual
harassers.
 Types of Sexual Harassment
• According to the Equal Employment
Opportunity Commission (EEOC), there are
two types of sexual harassment claims: “quid
pro quo” and “hostile work environment”.
 “Quid pro quo”
• Quid pro quo harassment involves expressed
or implied demands for sexual favors in
exchange for some benefit (a promotion, pay
increase, etc.) or to avoid some detriment
(termination, demotion, etc.) in the
workplace. By definition, it can be perpetrated
only by someone in a position of power or
authority over another (e.g., manager or
supervisor over a subordinate).
 Example
• Your supervisor offers you a pay raise in
exchange for exposing yourself to him/her.
 “Hostile Work Environment”
• Hostile work environment harassment is sexual or
other discriminatory conduct that is so severe and
pervasive that it interferes with an individual’s ability to
perform their job; creates an intimidating, offensive,
threatening or humiliating work environment; or
causes a situation where a person’s psychological well-
being is adversely affected.
• Hostile work environment harassment can be
perpetrated by anyone in the work environment
including a peer, supervisor, subordinate, vendor,
customer or contractor. An employee can claim sexual
harassment under one or both sexual harassment
types
 Examples
• Verbal-
– Catcalling, terms of endearment, profanity, lewd
and/or explicit jokes, any remarks referring to
someone’s gender identity/sexual orientation in a
disparaging tone.
• Physical-
– Blocking a pathway so that the person is forced to
rub against you when passing; improper touching,
kissing, embracing.
 Unwanted Physical Contact
• Not only does unwanted physical contact violate
company policy as well as harassment laws, but it
also violates criminal laws.
• CA Penal Code 243.4(a) states that touching any
intimate part for personal gratification without
consent is guilty of a misdemeanor (with felony
exceptions).
• Any one who blocks the path of another person
to deprive them of their personal liberties in any
way may be guilty of a felony under CA Penal
Code 236 (with misdemeanor exceptions).
 Gender Identity
• The term "gender identity," distinct from the
term "sexual orientation," refers to a person's
innate, deeply felt psychological identification
as male or female, which may or may not
correspond to the person's body or
designated sex at birth (meaning what sex was
originally listed on a person's birth certificate).
 Sexual Orientation
• "Sexual orientation" is the preferred term
used when referring to an individual's physical
and/or emotional attraction to the same
and/or opposite gender. "Heterosexual,"
"bisexual" and "homosexual" are all sexual
orientations. A person's sexual orientation is
distinct from a person's gender identity and
expression.
 Facts
• Sexual harassment can occur in a variety of
circumstances, including but not limited to the
following:
– The victim as well as the harasser may be a woman or a
man. The victim does not have to be of the opposite sex.
– The harasser can be the victim's supervisor, an agent of
the employer, a supervisor in another area, a co-worker, or
a non-employee.
– The victim does not have to be the person harassed but
could be anyone affected by the offensive conduct.
– Unlawful sexual harassment may occur without economic
injury to or discharge of the victim.
– The harasser's conduct must be unwelcome.
 CEPS Policy
• In order to maintain a safe workplace
environment the following policy stands:
– Sexual Harassment/Assault and Rape are
intolerable.
– Any incidents of such are to be immediately
reported to Human Resources.
• If you believe you have been subjected to any
form of unlawful discrimination, submit a written
complaint to the operations or human resources
manager. Your complaint should be specific and
should include the names of the individuals
involved and the names of any witnesses; with
date and time. If you need assistance with your
complaint, or if you prefer to make a complaint in
person, contact the Human Resources Manager.
The Company will immediately undertake an
effective, thorough, and objective investigation
and attempt to resolve the situation.
• If the Company determines that unlawful
discrimination has occurred, effective
remedial action will be taken commensurate
with the severity of the offense up to and
including termination. Appropriate action also
will be taken to deter any future
discrimination. The Company will not retaliate
against you for filing a complaint and forbids
retaliation by management, employees or
your coworkers.
 Measures against retaliation
• Government Code 12950 provides the
Company with a legal barrier to use as
protection for complainants and any
witnesses in cases of sexual harassment.
• Any retaliation could result in fines, civil suit,
or any applicable criminal statutes depending
on the results of an investigation by EEOC or a
law enforcement agency.
 Know your rights
• Title VII of the Civil Rights Act of 1964
• California Fair Employment and Housing Act
• You may contact Law Enforcement
• You may contact legal representation.
• You may seek medical care.
Overview of Title VII of the Civil Rights
Act of 1964
• Title VII of the Civil Rights Act of 1964 is a
federal law that prohibits discrimination in
employment on the basis of sex, race, color,
national origin, and religion. It applies to
employers with 5 or more employees,
including federal, state, and local
governments. Title VII also applies to private
and public colleges and universities,
employment agencies, and labor
organizations.
 Title VII of the Civil Rights Act of 1964
• Any federal civil rights law complaints are filed
with the EEOC.
• The EEOC investigates ANY discrimination
claim and will issue a Right to Sue letter if they
cannot find a cause of action.
• This means if you do not feel that the
outcome fully corrects the wrongs against you,
you can still pursue legal action in a federal
court using your own attorney.