2008 Annual Report Resolving Conflict Workshop SEXUAL HARASSMENT Handout: Non-Violent Types of Conflict Resolution in the WORKPLACE Session 2
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NEW YORK CITY COMMISSION ON HUMAN RIGHTS 2008 Annual Report Resolving Conflict Workshop SEXUAL HARASSMENT Handout: Non-Violent Types of Conflict Resolution IN THE WORKPLACE Session 2 Informal Discussion A process where people come together to discuss their conflict with no special rules about how to behave. People talk directly to each other. Negotiation The parties themselves talk directly to each other. They brainstorm ideas, evaluate solutions, and try to reach a resolution that is acceptable to both parties. The term “sexual harassment” refers to behavior that is unwelcome, unwanted, Arbitration (binding) offensive, and of a sexual nature. The behavior embarrasses, humiliates or An arbitrator will make the decision for the parties after listening to both sides. Before the process intimidates co-workers or subordinates. The NYC Human Rights Law prohibits begins, parties agree to abide by the arbitrator’s decision. sexual harassment because it is a form of gender-based discrimination and/or sexual orientation discrimination. The NYC Commission on Human Rights is the Mediation agency charged with enforcing this law. A mediator (an impartial third person) will assist the parties to settle the conflict with a resolution acceptable to both parties. Illegal sexual harassment behavior in the workplace can be verbal, physical, or Litigation pictorial. Often you believe you must put up with or respond positively to the Lawyers put forth a conflict that involves two or more people before a judge or jury. Either the behavior to keep your job, get hired, or be promoted. The harassment can also 2008 Annual Report judge or a jury will make the decision. The people in conflict do not talk to each other. Instead, create an intimidating, hostile or offensive work environment, or interfere with under a series of rules of procedure and evidence, the lawyers ask questions of witnesses to tell your job performance. Actions are not necessary. Verbal harassment itself can their side. constitute sexual harassment. EXAMPLES OF ILLEGAL SEXUAL HARASSMENT INCLUDE EW ORK ITY OMMISSION ON UMAN IGHTS • Personal questions about social or sexual life. N Y C C H R • Unwanted letters, e-mails, telephone calls, or materials of a sexual nature. • Sexually suggestive visuals. • Unwanted deliberate touching, leaning over, cornering, or pinching. • Unwanted pressure for dates. ESTABLISHING A SEXUAL HARASSMENT CLAIM There are two types of sexual harassment: 1) Tangible Employment Action (Quid Pro Quo, meaning ‘this for that’ ) sexual harassment, and 2) Hostile Work Environment sexual harassment. 1) The employee must establish the following to claim Tangible Employment Action sexual harassment: NEW YORK CITY The employee’s employer must have 4 or more employees or be a government employer; COMMISSION ON The employee was subjected to unwelcome conduct; HUMAN RIGHTS NYC COMMISSION ON HUMAN RIGHTS | 40 RECTOR STREET NYC 10006 | DIAL 311 | 212 306 7450 | WWW.NYC.GOV/CCHR 20 08-20 0 9 MAYOR COMMISSIONER MICHAEL R. BLOOMBERG CCHR NEWSLETTER PATRICIA L. GATLING Welcome New U.S. Citizens! The New York City Commission on Human Rights welcomes you as new citizens of the United States! Many of you have made huge personal sacrifices in leaving one life behind for a new life here in this country – coming here filled with the same hopes and dreams as generations of immigrants before you. We are a nation and a City of immigrants – built by successive generations of Commissioner Patricia L. Gatling and immigrants from around the world who have made immeasurable contributions to Mayor Michael R. Bloomberg. the development of our country. Our strength comes from our diversity and we are proud of our rich cultural heritage. What is the NYC “We are committed to making You are now part of a great Commission on our City one that works for all nation. We encourage you to register the people – a City that matches to vote and become active participants Human Rights? everyone’s ambition, honors in the civic life of our City. We invite you to read this The NYC Commission on Human their dreams, and protects newsletter to learn about the their human rights.” Rights is a Mayoral agency in city NYC Human Rights Law and the government charged with enforcing the Mayor Michael R. Bloomberg work of the NYC Commission on NYC Human Rights Law, educating the Human Rights. public about the Law, and promoting Who is protected under mutual understanding and respect between the city’s many diverse people. the NYC Human Rights Law? Our Human Rights Law is one of the most comprehensive civil rights Our Human Rights Law in NYC prohibits discrimination in employment, housing, laws in the United States, prohibiting and public accommodations – such as stores, stadiums, movie theaters, doctors’ offices, discrimination or restaurants -- based on race, color, creed, age, national origin, alienage or citizenship “I hope you are in employment never a victim of status, gender (including gender identity and sexual harassment), sexual orientation, housing, discrimination, but disability, marital status, or partnership status. and public if you or someone accommodations In addition, the Law affords protection against discrimination in employment you know is, the – such as stores, based on arrest or conviction record and status as victim of domestic violence, stalking Commission is stadiums, or sex offenses. In housing, the Law affords additional protections based on lawful here to help you.” movie theaters, occupation, family status, or any lawful source of income. The City Human Rights Patricia L. Gatling, doctors’ offices Law also prohibits retaliation and bias-related harassment. Commissioner or restaurants. The Commission is divided into two major bureaus – Law Enforcement and Community Relations. The Law Enforcement Bureau provides the public with attorneys who are responsible for the intake, investigation, and prosecution of complaints alleging violations of the Law. The Community Relations Bureau staffs five field offices, one in each borough, called Community Service Centers. A description of the programs and services they provide can be found on p. 3. All services at the Commission are provided without charge. VISIT OUR WEBSITE AT WWW.NYC.GOV/CCHR 2008 Issue No. 1 MAYOR COMMISSIONER THE RIGHT TO WORK MICHAEL R. BLOOMBERG CCHR NEWSLETTER PATRICIA L. GATLING Understanding Immigrant ‘UNITY FROM DIVERSITY’ CCHR Hits Homerun Employment Rights Commission Features Dr. Putnam for Disabled Vet In April 2008, NYC Human Rights Commissioner/Chair Patricia L. Gatling led a A Workbook for ESOL Classes discussion entitled “E Pluribus Unum: Reconciling Diversity and Community in the 21st Century” at the Schomburg Center for Research in Black Culture in Harlem. The event was the Commission’s third in a series of Civil Rights Public Lectures and featured Dr. Robert D. Putnam, best-selling author of Bowling Alone, the Peter and Isabel Malkin Professor of Public Policy at Harvard University, and Visiting Professor and Director of the Manchester Graduate Summer Program in Social Change, University of Manchester (UK). Dr. Putnam described how changing populations and ethnic diversity continually shape trust, identities, social ties and civic engagement. He said that while “increased immigration is a strong engine of economic growth and injects creativity and energy into receiving countries and communities, in the short-term, our discomfort with diversity Albert Kaidy, above, with keys to his new apartment. challenges our community bonds and cohesion. But America’s history and motto ‘E Pluribus Unum’ shows that we can build a unity from this diversity. And with concerted attention The Commission’s Law Enforcement of the sort that the NYC Human Rights Commission and others devote to these problems, Bureau successfully resolved a complaint we can accelerate our ability to find common ground between various communities and from an elderly disabled veteran whose forge a wider, more inclusive American society.” Bay Ridge, Brooklyn, apartment building Also participating were Dr. Katherine Newman, Professor of Sociology and Public was inaccessible to wheelchair users. The Affairs at Princeton University; Rev. C. Vernon Mason, CEO of the Fund for Community respondents who own several buildings in Leadership Development and CEO of the area agreed to move the complainant, Uth Turn; Richard E. Green, Chief Albert Kaidy, to an accessible building Executive/President of the Crown across the street, provide him with a larger Heights Youth Collective, Inc; Chung- refurbished accessible apartment, pay all Wha Hong, Executive Director of the costs associated with the move, and freeze New York Immigration Coalition; his rent for the rest of his life. The estimated and Rabbi Robert Kaplan, Director settlement value is in excess of $40,000. of CAUSE-NY, Jewish Community CCHR staff attorney Olivia M. Cuggy Relations Council. handled the case, with assistance from Dick Connette. Individuals with disabilities are Photo, left: Dr. Robert D. Putnam, protected from discrimination in housing, keynote speaker. Below, from left to right: Richard E. Green, Rabbi employment, and public accommodations Robert Kaplan, Dr. Robert D. Putnam, under the NYC Human Rights Law. Commissioner Patricia L. Gatling, Rev. C. Vernon Mason, Chung-Wha Hong, and Dr. Katherine S. Newman. CCHR Issues Report Card on Ad Agencies ICHAEL LOOmbERG AYOR The Commission issued its first M R. B , M summary report in April 2008 on whether 16 NYC COMMISSION ON HUMAN RIGHTS of the City’s largest advertising agencies have MICHAEL R. BLOOMBERG, Mayor | PATRICA L. GATLING, Commissioner / Chair met the 2007 hiring goals to diversify their NEW YORK IMMIGRATION COALITION upper ranks. The report reveals that most of the agencies that signed the groundbreaking LITERACY ASSISTANCE CENTER OF NYC, REVIEWER agreements in September 2006, either met PATRICIA L. GATLING, COmmISSIONER /CHAIR or exceeded their own goals. (continued on p.4) 1 VISIT OUR WEBSITE AT WWW.NYC.GOV/CCHR NEW YORK CITY COMMISSION ON HUMAN RIGHTS From top Left: Sexual Harassment in the Workplace educational pamphlet; Poet, author and professor Sonia Sanchez.