Computer Forensics: Investigating Network Intrusions and Cybercrime (CHFI) (2016)

10 Chapter

Investigating Sexual

Harassment Incidents

Objectives

After completing this chapter, you should be able to:

• Understand sexual harassment

• Describe the types of sexual harassment

• Understand the consequences of sexual harassment

• Understand the responsibilities of supervisors

• Understand the responsibilities of employees

• Follow the complaint procedures

• Understand the investigation process

• Understand sexual harassment policy

• Describe steps for preventing sexual harassment

• Describe laws on sexual harassment

Key Terms

Cyberbullying the use of information technology to tease or intimidate individuals, usually

minors, causing them harm; it can include sending mean or vulgar images and threatening

messages, posting private or untrue information about a person to cause them humiliation or social exclusion, or pretending to be someone else with the intent to cause harm to the target individual Cyberstalking the use of information technology such as e-mail or the Internet to repeatedly

threaten or harass another individual, group, or organization with false acusations, identity theft, soliciation for sexual purposes, or the gathering of information for further harassment. This

behavior is often a prelude to more serious physical violence.

Sexual harassment a kind of sexual behavior that is offensive to the victim and may cause

harm to the victim physically, psychologically, and materially because such behavior is against the consent of the victim

Stalking a repeated, unwelcomed activity that involves gazing at, following, or harassing

another person

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Case Example 1

A 21-year-old Adelaide woman accused her boss, Wayne Jeffrey Jaye, managing director of Studio Silva Photography, of sexually harassing her in 2003. When the employee refused to respond to the boss’s advances, he allegedly fired her from her job. The victim filed a suit against Jaye, but he ignored her complaint and made no effort to defend himself in court. The tribunal, however, found that he persistently harassed his female employee.

The employee won the case in September 2006 and was awarded more than $20,000 in compensation.

Case Example 2

The radio dispatcher at the Arkansas State Police Department accused a police sergeant of sexually harassing her. The sergeant had made derogatory comments about her physical appearance. The dispatcher reported the sergeant’s behavior to the duty officer, who in turn informed a lieutenant. Investigations confirmed the allegations about the sergeant’s behavior. Eventually, the sergeant was demoted and transferred.

Case Example 3

An adult neighbor of a shy, reclusive teenage girl pretended to be a teenage boy attracted to her in e-mails and instant messaging conversations. Once the young victim became attached, the cyberbullying neighbor started denigrating and criticizing the victim, causing her to go into a depression and eventually commit suicide.

Cyberbullying is the use of information technology to tease or intimidate individuals, usually minors, causing them harm. The neighbor was indicted by a federal grand jury on three counts of accessing protected computers without authorization to obtain information to inflict emotional distress, and one count of criminal conspiracy.

She was found guilty on three lesser charges (reduced from felonies to misdemeanors by the jury).

Introduction to Investigating Sexual Harassment Incidents

Sexual harassment is a kind of sexual behavior that is offensive to the victim and may cause harm to the victim physically, psychologically, and materially because such behavior is against the consent of the victim. Such behavior includes unwanted sexual advances, requests for sexual favors linked to implied threats or promises about career prospects, sexual attacks, unwanted physical conduct, visual displays of degrading sexual images, and offensive remarks of a sexual nature. This is an unwelcomed, unsolicited, and offensive act that creates a hostile or intimidating environment and affects an individual’s employment implicitly or explicitly.

Sexual harassment may occur in the following circumstances:

• It may occur between the opposite sex or the same sex.

• The harasser may be a supervisor, coworker, client, vendor, contractor, or nonemployee.

• The incident may include a group of persons or a particular person.

• It may occur when a harasser uses obscene language toward a victim.

• It may occur when a harasser invites the victim for social activities even though the victim is not interested.

• It may occur when a person makes sexually offensive remarks or exhibits sexually explicit materials at the workplace.

The remainder of this chapter delves further into sexual harassment and how to investigate it and prevent it.

It also covers laws concerning sexual harassment.

Types of Sexual Harassment

Sexual harassment is broadly classified into the following two categories:

1. Quid pro quo harassment

2. Hostile work environment harassment

Types of Sexual Harassment

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Quid Pro Quo Harassment

Quid pro quo harassment is a direct form of harassment where an employee is expected to tolerate harassment in order to receive some benefit. A benefit could be one of the following:

• Keeping a job

• Receiving a raise

• Receiving a promotion

• Receiving a good review

An example of this is a superior promising an employee a promotion only if the employee is dating the superior.

Hostile Work Environment Harassment

A hostile work environment is an abusive environment where an employee is subjected to unwelcomed sexual advances from coworkers. This harassment can be either verbal or physical.

The following are a few of the situations that can lead to hostile work environment harassment:

• Cracking dirty jokes or telling dirty stories intentionally

• Posting pictures of pornography via e-mails or instant messages

• Physical contact by touching, kissing, or hugging

• Displaying photos, posters, or cartoons reflecting sexually suggestive themes

• Flirting, asking for dates, or commenting on physique

The following are a few elements that a victim has to prove if he or she is suffering from sexual harassment:

• The employee suffered or is suffering from intentional and unwanted sexual advances.

• The employee has made it clear that the advances are unwelcome.

• The harassment has been repeated a number of times.

• Management knew about the harassment and did not do anything to stop it.

The following are types of sexual harassment that can create a hostile work environment:

• Verbal

• Telling obscene jokes or flirting

• Using expletives toward fellow workers

• Repetition of derogatory comments or slurs

• Repeated unwelcome invitations to social activities or dates

• Repeated unwelcome compliments with respect to personal physical appearance

• Use of crude or obscene language or gestures

• Displaying sexually explicit objects or pictures

• Repeated sexually oriented kidding

• Physical

• Touching

• Grabbing

• Kissing

• Teasing

• Patting

• Stroking

• Hugging

• Leering

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• Brushing against another’s body

• Pinching

• Whistling

• Impeding or blocking another’s movement

• Physical interference with normal work movement

Note that sexual harassment can occur outside of the workplace. For example, sometimes an employee has to travel with a superior, and the superior may take the opportunity to sexually harass the employee. A superior may also sexually harass an employee in a public place, such as at an after-hours party.

Consequences of Sexual Harassment

The following are some of the consequences of sexual harassment:

• It may affect the victim’s work performance.

• It may create a hostile work environment.

• The employee may stop coming to work to avoid the harassment.

• It may embarrass individuals who are exposed to the sexual behavior.

• The company or organization may suffer from low productivity and low morale among the workforce.

• It may lead to a loss of career, references, or recommendations for the employee.

• Employees feel degraded because of constant inquiries and gossip at the workplace.

• It may lead to job dissatisfaction and resignations to avoid the sexual harassment.

• It may defame the organization; as a result, the organization may lose its goodwill in the marketplace.

• Due to embarrassment and reluctance to bring the matter into the open, the victim may suffer from suicidal tendencies.

• If a lawsuit is filed against the harasser, the culprit may be subjected to punitive actions.

Sexual Harassment Statistics

Figure 10-1 shows a chart displaying the number of sexual harassment cases filed with the U.S. Equal Employment Opportunity Commission (EEOC).

Source: http://www.eeoc.gov/. Accessed 2/2007.

Figure 10-1 The U.S. Equal Employment Opportunity Commission receives

thousands of sexual harassment complaints each year.

Stalking

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The Dos and Don’ts if an Employee Is Being Sexually Harassed

If an employee has been sexually harassed, he or she should never wait for anybody else to see what is happening.

The employee must take initiative. The following are some of the things an employee should and should not do if he or she is being sexually harassed:

• Express his or her views to the harasser (whether it is a superior or coworker) directly

• Do not expect that others will help.

• Tell the harasser to avoid sexual acts.

• Do not make excuses for the perpetrator.

• Do not pretend that nothing has happened.

• Make it clear that he or she has the right to be free from sexual harassment.

• Do not get manipulated by the harasser’s tactics.

• Talk about the harassment.

• Do not be silent, as that only protects the harasser.

• Document each and every act performed by the harasser

• Document the behavior of the harasser.

• Write down each and every harassing instance, including the time, date, and any witnessing coworkers.

• Document his or her own performance in the workplace for comparison with evaluated performance.

• If possible, take video for evidence.

• Check if other coworkers are experiencing the same problem.

• Complain to management, and if management cannot help, lodge a complaint with the EEOC

Stalking

Stalking is a repeated, unwelcomed activity that involves gazing at, following, or harassing another person.

In some cases, it is caused by a mental disorder, and the perpetrator may try to force the victim into having a relationship with him or her. The stalker can be a former intimate, family member, workplace contact, friend, or stranger. Depending upon behavior patterns, stalkers are classified as follows:

• Rejected stalker: A rejected stalker may be a person who is a former partner or ex-friend of the victim.

The rejected stalker stalks the victim due to his or her possessiveness toward the victim. The stalker may try to get revenge on the victim if the victim broke off the relationship. The stalker may also get jealous if the victim enters into a new relationship. This type of stalker may try to physically harm the victim or the victim’s new partner.

• Resentful stalker: A resentful stalker is a person who wants to take revenge on the victim for upsetting him or her. This stalker can be real or imaginary. This type of stalker usually wants to frighten the victim, but he or she may go to great lengths to take revenge on the victim.

• Predatory stalker: A predatory stalker is a person who wants to physically or sexually attack the victim.

This type of stalking is least common, but these predators are harmful. Though they do not always come in direct contact with the victim, they often contact the victim through e-mails, phone calls, or some other means, and use abusive language to scare the victim. This type of stalker often performs voyeurism or fetishism. The victim may be a known person or a complete stranger.

• Intimacy seeker: An intimacy seeker is trying to establish an intimate relationship with the victim. This type of stalker believes that the victim is the right person for him or her and may even think that he or she is in love with the victim. Even when the stalker gets a negative response from the victim, he or she will try to impress the victim through unwelcome messages, letters, phone calls, and gifts.

• Incompetent suitor: An incompetent suitor is a suitor who desires a physical or intimate relationship with the victim. This type of stalker asks for dates, calls, or sends messages to the victim, despite being rejected. Incompetent suitors are not harmful and will often quit stalking if threatened or if legal action is taken against them. They stalk the victim for a shorter period of time when compared to other types 10-6

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of stalkers. For them, it is just fun, and it is likely that they have stalked many others in the past and will stalk more in the future.

• Erotomaniac and morbidly infatuated stalker: An erotomaniac and morbidly infatuated stalker is a stalker who believes that the victim is in love with him or her, even though the victim has not made any such statement. This type of stalker may experience acute paranoia and delusions. He or she imagines romance with the victim and expects the same from the victim. This type of stalker can be stopped by treating him or her psychologically with drug and talk therapy treatment.

• Cyberstalker: Stalkers who try to stalk the victim via electronic media such as the Internet and computer spyware are called cyberstalkers. They may expose or mask their identity to gain the confidence of the victim; then they may try to get information such as contact details by joining the victim in places he or she visits on the Internet.

Stalking Behaviors

The following are some behaviors that can be attempted by a stalker:

• Unwelcome phone calls

• Sending text messages, e-mails, or personal letters

• Threatening the victim in order to gain attention

• Sending romantic or porn-related gifts to the victim

• Multiple perpetrators’ involvement (gang stalking)

• Forcing the victim via threatening

• Insulting the victim

Stalking Effects

A victim may face many problems due to stalking. A victim often finds it hard to perform his or her daily activities due to the irritation and frustration caused by the stalking. The following are some effects of stalking:

• Increased absenteeism at work: If the stalker is a coworker or a superior, the victim may be frequently absent from work to avoid the stalking.

• Declined performance: Due to tension, irritation, and frustration, the victim may lose concentration at work; hence, the victim’s performance may decline.

• Humiliation and becoming the subject of gossip: In the workplace, personal matters often do not remain private. Gossip about stalking can spread quickly, and this can humiliate the victim.

• Loss of job, reference, or career of the victim: Often, a victim will choose to leave an organization rather than continue to tolerate stalking. If the victim does not prove that he or she is being stalked, it may be difficult for him or her to get a reference.

• Forced relocation: A victim may be forced to relocate to keep himself or herself away from a stalker.

• Depression, panic, headaches, sleeplessness, and anger: These are the physical effects that a victim undergoes.

Guidelines for Stalking Victims

The following are some guidelines that stalking victims should follow:

• Use a private post office box to keep your residential address confidential

• Obtain an unlisted phone number

• Ensure that your phone number is not printed on your checks

• Never use a personal phone number in an e-mail signature

• Use caller ID

• Protect your Social Security number

• Maintain a log of every stalking incident

• Change your e-mail address if a stalker is using it to make contact

• Report stalking incidents to the police

Complaint Procedures

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Responsibilities of Supervisors

Supervisors should do the following to attempt to curb sexual harassment:

• Establish a code of conduct for the employees in the company or organization and make sure that everyone follows it.

• Recognize the misconduct of an employee toward a fellow employee and handle the problem in an effective way.

• Create a work environment that is safe and secure.

• Address the problems of employees in the early stages and document each and every problem properly.

This prevents further harassment.

• Encourage upward communication among the employees.

• Report the complaint through internal supervisory channels so that the complaint is kept confidential.

• Take any complaint seriously.

• Investigate the complaints that are received and ensure that they are addressed.

• Take disciplinary action against employees who violate the sexual harassment policy.

• Take punitive action against the culprit if the investigation proves the offender guilty.

• Take necessary measures to prevent sexual harassment in the future.

• Conduct awareness programs or periodic training for all employees on sexual harassment so that employees are aware of how to maintain discipline and follow a certain code of conduct in the organization.

Responsibilities of Employees

Employees should do the following to prevent sexual harassment:

• Recognize that sexual harassment is a crime.

• Recognize the liability of the company.

• Motivate other employees to be aware of sexual harassment and create a complaints committee.

• Formulate an anti–sexual harassment policy or develop complaint procedures, such as the following:

• A clear statement should be made concerning the commitment to a workplace free of unlawful

discrimination and harassment.

• A statement should be made that the harasser will be subject to disciplinary action if he or she is found guilty after the investigation.

• The complaints committee should ensure that the harasser is penalized.

• The complaints committee should ensure that the victim and witnesses are protected from the

harasser through confidentiality.

• Follow the working policies that are set by the supervisor.

• Discuss and publish the policies with newly recruited employees and existing employees.

• Avoid participating in or encouraging activities that are perceived as sexual harassment.

• Condemn the behavior of the harasser.

• Do not give a response to the harasser’s excuses.

• Keep track of all the records (letters, e-mails, notes, or documents) that the harasser sends.

• Give an honest report about the harasser’s acts to a supervisor.

Complaint Procedures

The following are the complaint procedures for sexual harassment:

Victim prepares a complaint: The victim must document the incident whenever he or she prepares a complaint. The report should contain the name of the respondent. It should also include the date, time, place, and details of the harassment. The victim should prepare an unbiased and confidential report.

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Victim files the complaint: Before submitting the report to the supervisor, the victim must ensure that he or she has his or her own copy. The victim must record all the documents, notes, e-mails, and letters that are related to the complaint.

Victim transmits the complaint to the supervisor: While transmitting the complaint to the supervisor, the victim must ensure that it is kept confidential. The victim must not let the harasser convince him or her not to transmit the complaint. The victim must think in a positive way and believe that the supervisor will help him or her in this situation.

Supervisor reviews the complaint: The supervisor reviews the complaint and hands it over to the investigator.

Supervisor informally resolves the complaint: If the complaint proves to be confidential, the supervisor accepts the complaint. Later, he or she takes disciplinary action against the harasser.

Investigation Process

The following steps are carried out while investigating sexual harassment cases:

1. Choose an investigator who has in-depth knowledge of sexual harassment and who can keep all information confidential.

2. The investigator must be fair while carrying out the investigation.

3. The investigator must acknowledge the receipt of the complaint.

4. The investigator must have the following documents relevant to the incident:

a. Policies and complaint procedures

b. Files that are related to the alleged victim and alleged harasser

c. Incidents that are related to past complaints against the harasser

d. State or federal laws

5. The investigator must know the relevant work rules, so that he or she focuses on the facts obtained from the investigation. These may lead to proof of the violation.

6. The investigator interviews all the witnesses and collects the evidence related to the incident.

7. The investigator reviews the findings of the investigation with the victim and the alleged harasser.

8. The victim explains the nature of the complaint so that the investigator can understand the major factors of the complaint.

9. The investigator is given a chance to respond to the victim’s evidence and to bring his or her own evidence.

10. The investigator must document everything carefully, including interviews with the witnesses and the complainant.

11. The investigator consults counsel if he or she has any doubts regarding the incident or how to proceed further during the investigation.

12. When the investigation is completed, the investigator forwards the documents that he or she has made to the supervisor or to decision makers.

Sexual Harassment Investigations

The following is a checklist for sexual harassment investigations:

• Preliminary considerations

• Use two investigators, if possible.

• Create a confidential file.

• Conduct interviews in a private room.

• Gathering the facts

• Review the relevant personnel files and company policies.

• Interview the victim.

• Take the complaint seriously.

Preventive Steps

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• Explain the investigation and promise complete confidentiality.

• Find out what happened.

• Find out the effects of the harassment on the victim.

• Find out the names of witnesses.

• Ask the victim what he or she wants.

• Assess his or her credibility.

• Take a statement, if warranted.

• Type the notes of the interview.

• Interviewing the perpetrator

• Explain the purpose of the interview.

• Identify the victim who was harassed by the perpetrator.

• Explain the specific basis of the complaint that was lodged.

• Ask him or her to respond to the charges.

• Interviewing corroborating witnesses

• Try to extract information about the perpetrator and identify the victim with the help of witnesses.

• Find out what each witness knows.

• Differentiate between firsthand and secondhand knowledge.

• Assess the credibility of the witness.

• Take a statement, if warranted.

• Evaluating the facts and making the decision

• Evaluate the facts from a reasonable perspective.

• Analyze the difference between “unwelcomed” and “voluntary” sexual conduct.

• Draft a thorough, even-handed report.

• Submit the report to the decision-making official.

• Follow up with the victim and perpetrator after the decision has been made.

Sexual Harassment Policy

The following are some informal procedures that may be followed in an organization:

• The complainant may attempt to resolve the matter directly with the alleged offender and report back to the complaint-receiving official.

• The complaint-receiving official may notify the alleged offender of the complaint, paying appropriate attention to the need to maintain confidentiality.

• The complainant may also contact the affirmative action officer directly.

The following are some formal procedures that may be followed in an organization:

• The complainant has the right to file a formal written complaint with the affirmative action officer.

• Upon receiving a formal complaint, the affirmative action officer shall inform the alleged offender of the allegation and of the identity of the complainant.

Preventive Steps

The following are some steps for preventing sexual harassment:

1. Each and every employee of the organization should be sent a message that harassment shall not be toler-ated in the work environment.

2. There should be a written policy prohibiting illegal discrimination by any employee, and any employee who disobeys the rules should be punished appropriately.

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3. Sexual harassment policies must be discussed at workers’ meetings and at supervisor meetings.

4. Proper guidelines must be displayed to create awareness of the rights of employees to a harassment-free workplace.

5. Employees must be made aware of problem-solving mechanisms, investigative measures, and grievance and disciplinary procedures used for making decisions on harassment complaints.

6. Supervisors must be aware of organizational policies, enhance their problem-solving skills, check relevant laws, and understand their responsibilities.

7. Employers must conduct awareness programs or periodic training for all employees on sexual harassment so that employees are aware of how to maintain discipline and follow a certain code of conduct in the organization.

8. Employers should assess the work environment for awareness by surveying employees and union members about sexual harassment.

9. Employers should understand and solve the problems of employees who are affected by harassment from outsiders.

U.S. Laws on Sexual Harassment

The following are some U.S. laws concerning sexual harassment:

• Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin in hiring, employment (all terms, conditions, and benefits), and termination.

• The Civil Rights Act of 1991: This law provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace.

• Title IX of the Education Amendments of 1972: This law prohibits sex discrimination of employees and students in educational institutions receiving federal funds.

• Equal Protection Clause of the 14th Amendment: This clause creates public institutional liability for institutional sexual harassment of employees, including compensatory and punitive damages.

• Common law torts: These laws help identify the common law actions that may be filed by harassed workers.

• State and municipal laws: These laws concern rape, sexual abuse, sexual assault, and child molestation.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin in hiring, employment (all terms, conditions, and benefits), and termination. This law applies to businesses with 15 or more employees.

The following are some examples of discrimination under Title VII:

• Harassing a person because of their friends’, relatives’, or associates’ race, skin color, religion, gender, national origin, age, or disability

• Treating people in similar jobs differently

• Making assumptions about the abilities of persons based on stereotypes, physical characteristics, or age

• Retaliating against a person because a complaint was filed

The remedies that are available if a complainant is successful in a Title VII cause of action include rein-statement, back pay, damages for future loss of earnings, emotional pain and suffering, mental anguish, and attorneys’ fees.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 provides for damages in cases of intentional employment discrimination. It establishes private and public liability for the acts of supervisors and employees that constitute sexual harassment of employees. Its purpose is to provide further legislation and clarification of earlier laws concerning sexual harassment.

Australian Laws on Sexual Harassment

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Equal Protection Clause of the 14th Amendment

The equal protection clause of the 14th Amendment to the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. The laws of a state cannot treat any individual differently from another individual in similar conditions and circumstances. This clause creates public institutional liability for institutional sexual harassment of employees, including compensatory and punitive damages.

Common Law Torts

The common law torts involved in cyberstalking are torts of invasion of privacy. Cyberstalking is the use of information technology, such as e-mail or the Internet, to repeatedly threaten or harass another individual, group, or organization with false accusations, identity theft, solicitation for sexual purposes, or the gathering of information for further harassment. These common law torts help identify the common law actions that may be filed by harassed workers. The following are the objectives of common law torts:

• To identify the tort actions most commonly connected with sexual harassment cases

• To explain, in general, the circumstances under which each tort action may be filed

• To identify the reasons that harassed workers may choose to file, or to avoid filing, any tort actions

• To explain the relationship between sexual harassment law and workers’ compensation

State and Municipal Laws

These laws concern rape, sexual abuse, sexual assault, and child molestation. They advise employees of the name, address, and telephone number of each of the state and federal agencies to which inquiries and complaints concerning sexual harassment may be made. The laws set out the deadlines for filing a complaint of sexual harassment with state and federal agencies.

Australian Laws on Sexual Harassment

Australia has adopted laws for sexual harassment and discrimination. The following are some laws concerning sexual harassment:

• Sex Discrimination Act 1984

• Equal Opportunity for Women in the Workplace Act 1999

• Anti-Discrimination Act 1991

• Workplace Relations Act 1996

Sex Discrimination Act 1984

The Sex Discrimination Act 1984 attempts to eliminate discrimination involving sexual harassment in the workplace, educational institutions, and other public areas. Under this law, it is unlawful for an employee to sexually harass a fellow employee or someone who is seeking to become an employee of the same organization.

This law also covers contract workers and employment agents.

Equal Opportunity for Women in the Workplace Act 1999

The Equal Opportunity for Women in the Workplace Act 1999 provides equal rights to women in the workplace. The following are the objectives of the act:

• To promote the principle that employment for women should be dealt with on the basis of merit

• To promote, amongst employers, the elimination of discrimination against, and the provision of equal opportunity for, women in relation to employment matters

Anti-Discrimination Act 1991

The purpose of the Anti-Discrimination Act 1991 is to promote equality of opportunity for everyone by protecting them from sexual harassment. It prohibits sexual harassment. It also allows someone who has been sexually harassed to make an official complaint.

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Workplace Relations Act 1996

The Workplace Relations Act 1996 says that rewards shall not be given out based on sexual preference. It orders equal remuneration for men and women workers for work of equal value. It eliminates sex-based discrimination in the workplace.

Indian Law: Sexual Harassment of Women at Workplace

(Prevention, Prohibition, and Redressal) Bill, 2006

This law states that it is mandatory for every workplace and every employer to have an internal complaints committee, either in each branch or at the head office. The following are some of the provisions for an internal complaints committee:

• An internal complaints committee must have at least three members.

• The committee must be headed by a woman.

• No less than half of its members must be women.

• All members of the complaints committee must be neutral and unbiased.

The law ensures an environment free from sexual harassment. Organizations must lay down a clear policy concerning the prevention and prohibition of sexual harassment, and this policy must be prominently displayed.

This act also protects complainants from retribution and from attempts to get him or her to change his or her testimony or retract the complaint.

German Law: Protection of Employees Act

This law protects employees against sexual harassment, among other things. It establishes an employee’s right to complain, and it spells out measures that an employer or manager can take against a harasser. It also describes further training regarding sexual harassment that those employed in the public service can take.

U.K. Law: The Employment Equality (Sex Discrimination)

Regulations 2005

The purpose of the Employment Equality (Sex Discrimination) Regulations 2005 is to eliminate sexual discrimination. The law contains provisions pertaining to sexual harassment. It prohibits both major types of sexual harassment in the workplace.

Law of the People’s Republic of China on the Protection

of Rights and Interests of Women

This law’s intent is to protect women. It prohibits sexual harassment against women. It also spells out the rights of a woman who is being sexually harassed. A female victim has the right to file a complaint if she is being sexually harassed. The perpetrator can also be tried in both civil and criminal court cases.

Malaysian Penal Code, Section 509

The Malaysian penal code spells out the punishment for sexual harassment against women. This punishment is imprisonment for up to 5 years, a fine, or both.

Sample Complaint Form

Figure 10-2 shows a sample sexual harassment complaint form.

Sample Complaint Form

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Figure 10-2 This is a sample sexual harassment complaint form.

( continues)

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Figure 10-2 This is a sample sexual harassment complaint form. continued

Review Questions

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Laws against Stalking

Stalking is a crime and the victims of it are supported by the following laws:

• Federal laws

• 18 USC § 2261A: The Interstate Travel to Commit Domestic Violence law protects victims whose spouses or intimate partners travel across state lines with the intent to injure, harass, or intimidate the victim and actually cause bodily harm to the victim.

• 42 USC §§ 3796gg, 14031: These laws authorize grants for law enforcement agencies to develop programs addressing stalking and for states to improve the process for entering stalking-related data into local, state, and national crime information databases.

• California laws

• Penal code 646.9: This law defines a stalker as someone who willfully, maliciously, and repeatedly follows or harasses the victim and who makes a credible threat with the intent to place the victim or victim’s immediate family in fear for their safety. The victim does not have to prove that the stalker had the intent to carry out the threat.

Chapter Summary

■ Sexual harassment is a kind of sexual behavior that is offensive and may cause harm to the victim physically, psychologically, and materially because such behavior is against the consent of the victim.

■ Sexual harassment is of two basic types: verbal and physical.

■ The investigator must be impartial and open-minded throughout the entire investigative process.

■ After the completion of the investigation, the documents the investigator made are forwarded to the supervisor or to decision makers.

■ Sexual harassment must be discussed at workers’ meetings and at supervisor meetings.

■ An organization needs to conduct awareness programs or periodic training for all employees on sexual harassment so that employees are aware of how to maintain discipline and follow a certain code of conduct in the organization.

Review Questions

1. What is sexual harassment?

___________________________________________________________________________________________

2. What are the consequences of sexual harassment?

___________________________________________________________________________________________

3. Write down the procedure to issue a complaint against sexual harassment.

___________________________________________________________________________________________

4. Explain the sexual harassment investigative process.

___________________________________________________________________________________________

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5. What are the responsibilities of supervisors?

___________________________________________________________________________________________

6. List the checklist for investigations into sexual harassment.

___________________________________________________________________________________________

7. What are the preventive steps against sexual harassment?

___________________________________________________________________________________________

8. What are the U.S. laws concerning sexual harassment?

___________________________________________________________________________________________

9. What is stalking? Describe the various types of stalkers.

___________________________________________________________________________________________

10. List the laws against stalking.

___________________________________________________________________________________________

Hands-On Projects

1. Perform the following steps:

■ Go to http://www.usdoj.gov/criminal/cybercrime/cyberstalking.htm.

■ Read the 1999 report on cyberstalking.

2. Perform the following steps:

■ Go to http://kansascity.fbi.gov/dojpressrel/pressrel09/kc010709.htm.

■ Read the press release from January 7, 2009, about the Kansas City man who pled guilty

to cyberstalking charges.

3. Read more about cyberbullying at http://www.ojp.gov/cds/internet_safety/NCPC/Stop%20

Cyberbullying%20Before%20It%20Starts.pdf.