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Computer Hacking Forensic Investigator v4 Exam 312-49
Investigating Sexual Harassment Incidents
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Computer Hacking Forensic Investigator (CHFI)
Module XLIV: Investigating Sexual Harassment Incidents
Exam 312-49

 News: Women in Casual Jobs more Prone to Sexual Harassment
Source: http://sify.com/
Anthony LaMontage of the Mc Caughey Centre made a study on sexual harassment. The study found that
most of the women in casual and contract jobs are experiencing unwanted sexual advances 10 times than
those are in permanent full-time positions. Whereas people working in full-time or casual positions are
about five times likely to be subjected to unwanted sexual advances. It found that 79 percent of those
facing unwanted sexual advances are women.
Both men and women are facing these problems but they are the women who comprise to a large
proportion. These kinds of harassments will cause mental disturbance. So, workers in unstable
employment need more protection from unwanted sexual advances.

 News: College Worker Alleges Sexual Harassment
Source: http://www.signonsandiego.com/
A student-services assistant at Southwestern College filed a sexual harassment case against three
administrators and a vice president.
Martha Jimenez filed a case in San Diego Superior Court last month that she “involuntarily accepted”
demands for sex from Arthur Lopez, the director of financial aid (Lopez resigned in June).
According to the lawsuit, Lopez blackmailed Jimenez during the sexual encounters, by reminding her
about the evaluation of her performance on job but this was totally denied by his attorney.
Greg Sandoval, vice president of student affairs said that, he:
 Used a picture of her in an evening gown as a screen saver
 He used to take her for lunch and asked her to read the message in a fortune cookie and add the
words “in bed” at the end of it
 He asked her if she wanted to be flashed on the clad in a graduate's robe on his way to a
commencement ceremony
Jimenez previously had filed a claim with the college that was rejected. Sandoval said that the board
rejected her claim after an internal investigation. Then he continuingly said, “Now that she's filed a
lawsuit, a due process will kick in,” “I look forward to the outcome of the due process.”
Jimenez also alleged that Fernando Poveda, director of outreach, made sexual comments to her. The
lawsuit also accuses Poveda of yelling at Jimenez because he thought she was receiving preferential
treatment from Lopez.
Poveda has denied committing any improprieties and said that “This is absolutely untrue, and it doesn't
make any sense,” and “it was her who used the sexual innuendo she accuses him of using”
He even said he has been the whistle-blower and reported allegations of harassment to the college's
human resource department a year ago.

 News: Employee Wins Sex Harassment Case against Former Boss
Source: http://www.abc.net.au/
A 21-year-old Adelaide woman accused her boss, managing director of Studio Silva Photography, Wayne
Jeffrey Jaye of sexually harassing her in 2003. When the employee refused to respond to the boss’
advances, he allegedly fired her from her job.
The victim filed a suit against Jaye but he ignored her complaint, and made no efforts 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 has been awarded more than $20,000 in
compensation.

 Case Study
Source: http://www.hallrender.com/
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.

Module Objective
This module will familiarize you with:
 Sexual Harassment
 Types of Sexual Harassment
 Consequences of Sexual Harassment
 Stalking
 Responsibilities of Supervisors
 Responsibilities of Employees
 Investigation Process
 Sexual Harassment Policy
 Preventive Steps
 Laws on Sexual Harassment

Module Flow

 Sexual Harassment – Introduction
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 unwelcomed, unsolicited, and
offensive act that creates a hostile or intimidating environment and affects an individual’s employment
implicitly or explicitly.
Sexual harassment occurs under the following circumstances:
 Between the opposite sex or the same sex
 Harasser may be a supervisor, co-worker, client, vendor, contractor, or a non-employee
 It may occur when the harasser’s conduct is unwelcome
 The victim can be either harassed or distressed by the offensive conduct
 The incident may include a group of persons or a particular person

 It may occur when a harasser uses obscene language towards 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 work place

 Types of Sexual Harassment
Sexual harassment is an unwelcomed sexual advances that occur in various places (eg: public and work
places) that are either verbally or physically. There are two broad classifications of sexual harassment,
which are as follows:
1. Quid pro quo harassment
2. Hostile work environment harassment
Quid pro quo harassment: Quid pro quo harassment is a direct form of harassment where the
employee tolerates it for the benefit of, or to keep, their job. It is a defined as “a favor for a favor”; it is a
give-and-take scenario where the superior takes advantage of the requirements of the victim’s
employment. This type of harassment can be referred as black mailing, as denying the superior can lead to
a demotion or even losing a job. Here, a benefit of the job can be any issue that is in favor of the employee,
such as job security, a positive appraisal, a salary hike, or a promotion.
Example: A superior promises 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 the personnel other than superiors,

i.e., from co-workers. This harassment can be either verbal or physical, and can make an employee
uncomfortable at the workplace, thus negativiely reflecting in the productivity of the organization.
Example: A co-worker posting pictures of pornography.
A few of the situations that lead to hostile work environment harassment are as follows:
1. Cracking dirty jokes or stories intentionally
2. Posting pictures of pornography via email or instant messages
3. Physical contact by touching, kissing, or hugging
4. Displaying photos, posters, or cartoons reflecting sexually suggestive themes
5. Flirting, asking for dates, commenting on physique, etc.
The following are few elements that are necessary to be proven by a victim if he/she is suffering from
sexual harassment:
 The employee suffered/is suffering from intentional and unwanted sexual advances
 The harassment has negatively affected the terms and conditions or privileges of his/her work
environment
 The harassment would detrimentally affect another person of the same sex
 The repetition and severity of the harassment
 Whether management knew about the harassment, and whether they did anything to stop it
Types of sexual harassment:
Verbal:
 Telling obscene jokes or flirting
 Using expletives towards fellow workers
 Repetition of derogatory comments or slurs
 Unwelcomed invitations to social activities or dates
 Repeated, unwelcomed compliments with respect to personal physical appearance
 Use of propositions
 Use of crude or obscene language or gestures
Physical:
 Touching
 Grabbing
 Kissing
 Teasing
 Patting
 Stroking
 Repeated sexually oriented kidding
 Hugging
 Leering
 Brushing against another’s body
 Pinching

 Whistling
 Impeding or blocking another’s movement
 Physical interference with normal work movement
Harassment by superiors or co-workers in public places: Most people assume that harassment
with co-workers or superiors occurs only during working hours or at the work place, but much
harassment does occur after working hours and in locations besides the work place.

 Consequences of Sexual Harassment
Following are the consequences of the sexual harassment:
 It may affect the victim’s work performance
 It may create a hostile work environment and increases absenteeism for avoiding 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, reference, or recommendations to the employee
 Employees feel degraded because of constant inquiries and gossips at the workplace
 It leads to job dissatisfaction and hence resignations to avoid sexual harassment
 It may defame the organization; as a result, it may lose its goodwill in the market
 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 the punitive action

 Sexual Harassment Statistics
Source: http://www.eeoc.gov/
Figure 44-1: Screenshot showing the statistics: Sexual harassment cases filed with the U.S. Equal
Employment Opportunity Commission

 Do’s and Don’ts if Your are Being Sexually Harassed
Source: http://www.sexualharassmentsupport.org/
If you have been sexually harassed, never wait for anybody to see what is actually happening or wait until
the next person reads your mind and asks you what's wrong. It is necessary to take an initiative yourself.
The following are the do’s and don’ts if you are being sexually harassed:
 Express your views to the harasser (whether it is a superior or co-worker) directly
o Tell the harasser to stop sexually related acts
o Do not make excuses for the perpetrator
o Do not pretend that nothing has happened
o Make clear that you have the right to be free from sexual harassment
o Do not get manipulated with the harasser’s tactics
o Talk about the harassment
o Do not be silent about the harassment because it protects the harasser
 Document each and every act of harassment performed by the harasser
o Document the behavior of the harasser
o Write each and every instance of harassment with the time, date, and co-working witnesses
o Document the negative actions against you
o Document your own performance at the workplace and thus compare it with evaluated
performance
o Take pictures for evidence
o Check if the other co-workers are experiencing the same problem
 Complain to management and if the management cannot help you, lodge a complaint with the
Equal Employment Opportunity Commission (EEOC)

 Stalking
Stalking is a repeated, unwelcomed activity that involves gazing, following, or harassing the other person.
Unlike a single act, it is a series of acts that harass the victim. Here, the perpetrator gains information
about the victim through unwelcomed resources. In many of the cases, the perpetrator is driven to want to
force the victim to have a relationship with him/her.
The stalker can be a former significant other or intimate, family member, workplace contact, friend,
stranger, or any other acquaintance. Depending upon the behavior of a stalker, they are classified as
follows:
 Rejected stalker: A rejected stalker may be a person who is the former partner or ex-friend of
the victim. They stalk the victim due to their possessiveness towards their former partner when
the relationship was ended by the victim. The various acts that a rejected stalker can perform are
as follows:
1. He/she tries to take revenge
2. He/she may get jealous when the victim enters a new relationship and may try to harm
him/her
 Resentful stalker: A resentful stalker is a person who wants to take revenge on the victim.
Mostly, the intention of these stalkers is to frighten the victim; they are considered harmful
stalkers as they could go to any extent for taking revenge.
 Predatory stalker: A predatory stalker is a person who wants to physically or sexually attack
the victim. This type of stalking is the least common, but these predators are harmful. Though
they do not come in direct contact with the victim, they reach them through electronic media,
phone calls, etc. with abusing language that a victim cannot handle. They even perform
voyeurism, fetishism, sadism, etc. The victim may be a known person or a complete stranger.
 Intimacy seeker: An intimacy seeker seeks to establish an intimate relationship with the victim.
They believe that the victim is the right person for him/her and even may think that he/she is in
love with the victim. Though they get a negative response from the victim, they try to impress the
victim through 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 messages the victim
despite being rejected. They are not harmful and can quit stalking if threatened or a legal action is
taken against them.
They stalk the victim for a short period of time when compared to other types of stalkers. For
them, it is just fun and it is likely that they have stalked many of others in the past and would stalk
more in the future.
 Erotomaniac and morbidly infatuated: An erotomaniac and morbidly infatuated stalker is a
stalker who believes that the victim is in love with him/her though he/she had not made any
statement. The stalker, due to mental illnesses such as acute paranoia and delusions, imagines
romance with the victim and expects the same from him/her. This type of stalker can be stopped
through psychological treatment with drugs and talk therapy.
 Cyber stalker: A cyber stalker extends physical stalking and tries to stalk the victim via
electronic media such as the Internet and computer spyware. They may expose or mask their
identity to gain the confidence of the victim, then they try to get information, such as contact
details of the victim.

 Stalking Behaviors
Stalking is an obsessive, repeated, and unwelcomed activity which harasses a victim. A stalker is a person
who has characteristics such as jealousy, narcissism, feelings of humiliation, dependence, paranoia, sexual
deviance, shyness, isolation, and poor social skills/social networks.
The various stalking behaviors that can be attempted by a stalker are as follows:
 Unwelcomed phone calls
 Sending messages such as text messages and SMS, email, or personal letters
 Threatening the victim in order to gain attention
 Using electronic media to harass the victim; as also known as cyber stalking
 Sending romantic or sexually related gifts to the victim
 Multiple perpetrators’ involvement (gang stalking)
 Forcing the victim via threatening
 Insulting the victim

 Stalking Effects
A victim faces many problems due to stalking, which can affect every part of their daily routine. One finds
it hard to perform their daily activities due to irritation and frustration caused by stalking. The various
stalking effects that a victim experiences are as follows:
 Increased absenteeism from work: If the stalker is a co-worker or a superior, the victim may
be frequently absent from work so as to avoid stalking
 Declined performance: Due to tension, irritation, and frustration, the victim may lose
concentration at work and the victim’s performance then declines
 Humiliated and becoming a part of gossip: Aspects of stalking that are confronted by
superiors or co-workers may become a part of workplace gossip, which humiliates the victim
 Loss of job, references, or career: Due to humiliation, a victim may resign from an
organization and may find it hard to get a reference, thus possibily losing their career
 Forced relocation: Defamed character forces the victim to relocate to keep themselves away
from stalkers

 Loss of trust: Loss of trust in co-workers and their supporting network occurs due to
harassment; this results in a loss in confidence, motivation, and trust in people
 Depression, panic, headaches, sleeplessness, and anger: These are the physical effects
that a victim undergoes
Stalking Survey:
“Stalking help,” a stalking victims resource organization based at the University of Texas, reports some
effects of stalking:
 93% of stalking victims have negative impact on their personal relationships
 71% of victims have conflicts with their current partners
 63% of victims reported that they have conflicts with friends due to stalkers
 38% of stalking victims say that their work or school’s performance is declining

 Guidelines for Stalking Victims
Stalking is a crime and victims are supported by laws to prevent these types of acts. To get full support,
one needs to be aware of few things that help these victims. The guidelines for stalking victims are as
follows:
 Use a private post office box to keep residential address confidential
 Obtain phone numbers that are not published
 For privacy, do not print their phone numbers on checks
 Never use a phone number in email signatures
 Use caller-ID to find evidence about a stalker
 Remove phone numbers from phone directories
 Never use a residential address for subscribing to magazines
 Avoid providing full name
 Protect Social Security number
 Maintain a log of every stalking incident
 Change email addresses if stalkers use it for stalking
 Instead of fearing, threaten the stalker
 Report incidents to the police

 Responsibilities of Supervisors
Supervisors must undertake some responsibilities so as to curbsexual harassment. They must:
 Set the code of conduct for the employees in the company or organization and make sure that
everyone follows it
 Recognize the misconduct of an employee towards 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 of the employees
 Encourage upward communication among the employees
 Report the conduct and responsibilities through internal supervisory channels, so that the
complaint is kept confidential
 Take the complaints seriously to ensure that it creates a belief in employees

 Investigate the complaints that are received and ensure that they are addressed
 Take disciplinary action against the employees who violate the sexual harassment policies
 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 the employees on sexual harassment, so
that each and every employee is conscious of the code of conduct

 Responsibilities of Employees
Employees should undertake some responsibilities to prevent against sexual harassment. They must:
 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 complaint’s committee
 Formulate an anti-sexual harassment policy or develop complaint procedures such as:
o A clear statement should be made on the commitment to a workplace free of unlawful
discrimination and harassment
o A statement that the harasser is subjected to disciplinary action if he/she is found guilty after
the investigation
o Ensure that the complaint’s committee carry penalties against the harasser
o Ensure the victim and witnesses are protected through confidentiality from the harasser
o Ensure that the complainant or witnesses are not subjected to retaliation
 Follow the working policies that are set by the supervisor
 Discuss and publish the policies with newly recruited employees and existing employees
 Avoid participating or encouraging activities that are perceived as sexual harassment
 Condemn the behavior of the harasser
 Conduct exit interviews when anyone is sexually harassing him/her
 Not give a response to the harasser's excuses
 Keep track of all the records (letters, emails, notes, or documents) that the harasser sends
 Give an honest report about the acts of the harasser to the supervisor

 Complaint Procedures
Following are the complaint procedures for sexual harassment:
 Victim prepares a complaint: A victim who is harassed sexually must document the incident,
whenever he/she prepares a complaint. The report should contain the name of the respondent. It
should also include the date, time, place, and how he/she has been harassed. He/he should
prepare an unbiased and confidential report, so that it will not affect the employment, grade, and
work assignments. The victim should write intelligibly so that the supervisor can easily grasp it.
 Victim files the complaint: Before submitting the report to the supervisor, the victim must
ensure that to have his/her own copy. He/she must record all the documents, notes, emails, and
letters that are related to the complaint. Also, the victim should ensure that the complaint is filed
is in a convincing manner for a supervisor to take disciplinary action against the harasser.
 Victim transmits the complaint to the Supervisor: While transmitting the complaint to
the supervisor, ensure that it is kept confidential. The harasser convinces the victim not to
transmit the complaint. The victim must think in a positive way and believe that the supervisor
will help him/her in this situation.
 Supervisor reviews the complaint: The supervisor reviews the complaint and hands it over
to the investigator for investigation.
 Supervisor informally resolves the complaint: If the complaint proves to be confidential,
the supervisor casually accepts the complaint. Later, he/she takes disciplinary action against the
harasser.

Investigation Process

 Investigation Process
Following steps are carried outwhile investigating sexual harassment cases:
 Choose the investigator who has in-depth knowledge on sexual harassment and who keeps all the
information confidential
 The investigator must be fair while carrying out the investigation
 The investigator must acknowledge the receipt of the complaint
 The investigator must have the following documents relevant to the incident:
o Policies and complaint procedures
o Files that are related to the alleged victim and alleged harasser
o Incidents that are related to past complaints against the harasser
o State or federal laws
 The investigator must know the relevant work rules, so that he/she focuses on the facts obtained
from the investigation. These may lead to proof or disapproval of violation.

 The investigator interviews all the witnesses and collects the evidence related to the incident
 The investigator reviews the findings of the investigation with the victim and the alleged harasser
 The victim explains the nature of the complaint, so that he/she can understand the major factors
of the complaint
 The investigator is given a chance to respond to the victim’s evidence and to bring his/her own
evidence
 The investigator must document each and everything carefully, including the interview with the
witnesses and the complainant
 The investigator consults the counsel if he has any doubts regarding the incident or how to
proceed further during the investigation
 When the investigation is completed, the documents that are made by the investigator are
forwarded to the supervisor or to decision makers

 Sexual Harassment Investigations
Checklist for investigation of sexual harassment cases is as follows:
 Preliminary considerations:
o Use two investigators, if possible
o Create a confidential file
o Conduct interviews in a private room
 Gathering the facts:
o Review the relevant personnel files and company policies
o Interview the victim
• Take complaint seriously
• Explain the investigation and promise complete confidentiality
• Find out what happened
• Find out the effects of the harassment on the victim
• Find out names of witnesses
• Ask the victim what he/she wants
• Assess his/her credibility
• Take a statement, if warranted
• Type the notes of the interview
o Interview 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/her to respond to the charges
o Interview corroboration witnesses:
• Try to extract information about the perpetrator and identify the victim with the help of
witnesses
• Find out what he/she knows
• Differentiate between first hand and second hand knowledge.
• Assess the credibility of the witness
• Take a statement, if warranted
 Evaluating the facts and making the decision:
o Evaluate the facts from a reasonable perspective
o Analyze the difference between “unwelcomed” and “voluntary” sexual conduct
o Draft a thorough, even-handed report
o Submit the report to the decision-making official
o Follow up with the victim and perpetrator after the decision has been made

 Sexual Harassment Policy
Source: http://eop.ua.edu/sex.html
 Informal procedures
o The complainant may attempt to resolve the matter directly with the alleged offender and
report back to the complaint-receiving official
o The complaint-receiving official may notify the alleged offender of the complaint, paying
appropriate attention to the need to maintain confidentiality
o The complainant may also contact the affirmative action officer directly
 Formal procedures
o The complainant has the right to file a formal written complaint with the affirmative action
officer
o 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 the preventive steps against sexual harassment:
 Each and every employee of the organization should be sent a message that harassment shall not
be tolerated in the work environment
 Establish a written policy against illegal behavior of any employee and take necessary action
against those who disobey the rules
 Sexual harassment policies must be discussed at workers’ meetings and at supervisor meetings
 Display proper guidelines to create awareness of employee rights for harassment-free workplace.
Introduce and implement problem solving mechanisms, investigative measures, and grievance
and disciplinary procedures, for making decision on harassment complaints
 To review organizational policies, enhance problem solving skills, check relevant laws and
understand responsibilities, and conduct awareness training for supervisors
 Conduct awareness programs or periodical 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

 Assess the work environment for awareness by surveying employees and union members about
sexual harassment
 Survey all the employees and union members to find out if anyone is facing sexual harassment in
the company or organization
 Employer should understand and solve the problem of the employee who is affected by
harassment through outsiders

Laws on Sexual Harassment

 U.S. Laws on Sexual Harassment
Following are the U.S. laws on sexual harassment:
 Title VII of the 1964 Civil Rights Act: 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 law creates public institutional
liability for institutional sexual harassment of employees including compensatory and punitive
damages.
 Common Law Torts: This law helps to identify the common-law actions that may be filed by
harassed workers.
 State and Municipal laws: This law includes rape, sexual abuse, sexual assault, and child
molestation.

 The Laws on Sexual Harassment: Title VII of the 1964 Civil Rights Act
Source: http://www.eeoc.gov/
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.
Following are 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. (See also Sexual Harassment section.)
 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 includes
reinstatement, back pay, damages for future loss of earnings, emotional pain and suffering, mental
anguish and attorneys' fees.

 The Laws on Sexual Harassment: The Civil Rights Act of 1991
Source: ‘http://www.eeoc.gov/policy/
The Civil Rights Act of 1991: To amend the Civil Rights Act of 1964, to strengthen and improve
federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to
clarify provisions regarding disparate impact actions, and for other purposes.
Following are findings of The Civil Rights Act of 1991:
 Additional remedies under federal law are needed to deter unlawful harassment and intentional
discrimination in the workplace
 Legislation is necessary to provide additional protections against unlawful discrimination in
employment
Following are the purposes of The Civil Rights Act of 1991:
 To provide appropriate remedies for intentional discrimination and unlawful harassment in the
workplace
 To codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court
 To confirm statutory authority and provide statutory guidelines for the adjudication of disparate
impact suits under title VII of the Civil Rights Act of 1964
 To respond to recent decisions of the Supreme Court by expanding the scope of relevant civil
rights statutes in order to provide adequate protection to victims of discrimination
 It establishes private and public liability for the acts of supervisors and employees that constitute
sexual harassment of employees

 The Laws on Sexual Harassment: Equal Protection Clause of the 14th Amendment
Source: http://www.law.cornell.edu/
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from
denying any person within its jurisdiction the equal protection of the laws.
In other words, the laws of a state must treat an individual in the same manner as others in similar
conditions and circumstances. The Equal Protection Clause is not intended to provide "equality" among
individuals or classes but only "equal application" of the laws.
This law creates public institutional liability for institutional sexual harassment of employees including
compensatory and punitive damages.

 The Laws on Sexual Harassment: Common Law Torts
Source: http://www.safetyed.org/
The Common Law torts involved in cyberstalking are torts of Invasion of Privacy. This law helps to
identify the common-law actions that may be filed by harassed workers.
Following are the objectives of Common Law Torts:
 Identify the tort actions most commonly connected with sexual harassment cases
 Explain, in general, the circumstances under which each tort action may be filed
 Identify the reasons that harassed workers may choose to file, or to avoid filing, any tort actions
 Explain the relationship between sexual harassment law and Workers' Compensation

 The Laws on Sexual Harassment: State and Municipal Laws
Source: http://www.toolkit.cch.com/
 It includes rape, sexual abuse, sexual assault, and child molestation
 It advises 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
 Sets out the deadlines for filing a complaint of sexual harassment with the state and federal
agencies

 Australian Laws on Sexual Harassment
Australia has adopted laws for sexual harassment and discrimination. SThe following are the laws relating
to sexual harassment:
 Sex Discrimination Act 1984
 Equal Opportunity for Women in the Workplace Act 1999
 Anti-Discrimination Act 1991
 Workplace Relations Act 1996

 The Laws on Sexual Harassment: Sex Discrimination Act 1984
Source: http://www.comlaw.gov.au/
The Sex Discrimination Act 1984 is an act relating to discrimination on the ground of sex, marital status,
pregnancy, potential pregnancy or family responsibilities, or involving sexual harassment.
The objectives of the Sex Discrimination Act 1984 is as follows:
 To give effect to certain provisions of the Convention on the elimination of all forms of
discrimination against women
 To eliminate discrimination involving sexual harassment in the workplace, in educational
institutions, and in other areas of public activity
Section 28B Employment, partnerships etc.
 It is unlawful for a person to sexually harass an employee or the person who is seeking to become
an employee
 It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking
employment with the same employer
 It is unlawful for a person to sexually harass a commission agent or contract worker or a person
who is seeking to become a commission agent or contract worker
 It is unlawful for a commission agent or contract worker to sexually harass a fellow commission
agent or fellow contract worker
 It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is
seeking to become a partner, in the same partnership
 It is unlawful for a workplace participant to sexually harass another workplace participant at a
place that is a workplace of both of those persons
Section 28D Registered organizations
 It is unlawful for a member of a registered organization or a member of the staff of a registered
organization
Section 28E Employment agencies
 It is unlawful to sexually harass a person who operates an employment agency or a member of the
staff of an employment agency

 The Laws on Sexual Harassment: Equal Opportunity for Women in the Workplace Act
1999
Source: http://www.eeo.gov.au/
The Equal Opportunity for Women in the Workplace Act 1999 is an act for providing equal rights to
women in the workplace.
The objectives of the Equal Opportunity for Women in the Workplace Act 1999 are as follows:
 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

 The Laws on Sexual Harassment: Anti-Discrimination Act 1991
Source: http://www.legislation.qld.gov.au/
The purpose of the Anti-Discrimination Act 1991 is to promote equality of opportunity for everyone by
protecting them from sexual harassment
The purpose of the Anti-Discrimination Act 1991 can be achieved by:
 Prohibiting sexual harassment
 Allowing a complaint to be made under enforcement against a person who has been sexually
harassed
 Using the agencies and procedures established under enforcement to deal with the complaint

 The Laws on Sexual Harassment: Workplace Relations Act 1996
Source: http://www.workplace.gov.au/
The Workplace Relations Act 1996 objectives regarding sexual harassment are as follows:
 Provisions in awards and agreements are not to be discriminatory on the grounds of sexual
preference
 Orders equal remuneration for men and women workers for work of equal value without sex-
based discrimination

 Indian Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Bill, 2006
Source: http://ncw.nic.in/
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2006 is as
follows:
Authorities under this act:
Duty of the workplace to Constitute Internal Complaints Committees:
1. It shall be mandatory for every workplace and every employer in charge of a work place to
constitute an Internal Complaints Committee as prescribed under this Act.
2. Notwithstanding anything in sub section(1), in cases where it is not practically feasible to
constitute the Internal complaints Committees at the workplace or at each of the branch or office
of the workplace, wherever they be located, the employer shall constitute such internal complaints
committee either at its head office or at any of the branch offices, for dealing with cases of sexual
harassment, in respect of its workplace
3. Constitution of internal and local complaints committee
a. The Internal Complaints Committee shall consist of not less than three members
b. The Committee shall be headed by a woman, who shall be its chairperson
c. There shall be at least one person selected from the list of third parties
d. Not less than half of its members shall be women. Where a sufficient number of women
employees are not available, then, the committee may be filled up from amongst the list of
third parties
e. All members of the Complaints Committee, whether internal or third parties, should be
neutral and unbiased
Duties of authorities under the act:
 Ensure a safe environment free from Sexual Harassment including prevention and deterrence of
Sexual Harassment
 Lay down clear policy on dealing with cases of sexual harassment and constitute a internal
complaints committee

 Prepare and prominently display a policy for the prevention and prohibition of Sexual
Harassment
 After a complaint under this Act has been made and pending its prosecution under this Act, not
alter to the prejudice of the complainant/Supporter/Witness concerned, the conditions of service
of the Complainant/Supporter/Witness prevailing immediately prior to the complaint being
lodged as a consequence to the filling and prosecuting of a complaint under this Act
 It shall be the duty of the appropriate government to ensure that the workplace under their
administrative or supervisory control have taken all reasonable measures to comply with the
duties cast upon the workplace under this Act

 German Law: Protection of Employees Act
Source: http://www.ilo.org/
As the description of law indicates, the Protection of Employees Act protects employees with certain rights
and legal actions.
Article 10: Act to protect employees against sexual harassment at the workplace (Protection of Employees
Act) states:
 Section 1: This Act is to maintain the dignity of men and women through protection against sexual
harassment at the workplace
 Section 2: Protection against sexual harassment
 Section 3: Employees' right of complaint
 Section 4: Measures by the employer or manager; right to refuse performance
 Section 5: Further training for persons employed in the public service regarding harassment

 UK Law: The Employment Equality (Sex Discrimination) Regulations 2005
Source: http://www.opsi.gov.uk/
The Employment Equality (Sex Discrimination) Regulations 2005 is the act related to discrimination on
the grounds of sex. It forces the employer to ensure equality in terms of gender.
The purpose of the act related to harassment and sexual harassment are as follows:
Harassment, including sexual harassment
(1) A person subjects a woman to harassment if—
(a) On the ground of her sex, he engages in unwanted conduct that has the purpose or effect—
(i) Of violating her dignity, or
(ii) Of creating an intimidating, hostile, degrading, humiliating or offensive environment
for her,
(b) He engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature
that has the purpose or effect—
(i) of violating her dignity, or
(ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment
for her, or
(c) on the grounds of her rejection of or submission to unwanted conduct of a kind mentioned in
paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or
submitted to, the conduct.
(2) Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection
(1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of the
woman, it should reasonably be considered as having that effect.
(3) For the purposes of this Act, a person ("A") subjects another person ("B") to harassment if—
(a) A, on the grounds that B intends to undergo, is undergoing or has undergone gender
reassignment, engages in unwanted conduct that has the purpose or effect—
(i) of violating B's dignity, or
(ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment
for B, or

(b) A, on the grounds of B's rejection of or submission to unwanted conduct of a kind mentioned
in paragraph (a), treats B less favourably than A would treat B had B not rejected, or submitted to,
the conduct.
(4) Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection
(3)(a) only if, having regard to all the circumstances, including in particular the perception of B, it should
reasonably be considered as having that effect.
(5) Subsection (1) is to be read as applying equally to the harassment of men, and for that purpose shall
have effect with such modifications as are requisite.
(6) For the purposes of subsections (1) and (3), a provision of Part 2 or 3 framed with reference to
harassment of women shall be treated as applying equally to the harassment of men, and for that purpose
will have effect with such modifications as are requisite.

 Law of the People's Republic of China on the Protection of Rights and Interests of
Women
Source: http://www.china.org.cn/
Because of harassment, China implemented a law on the Protection of Rights and Interests of Women.
The following are the articles that support the law against sexual harassment:
Article 23: No unit while employing staff should refuse to employ women by reason of sex or raise the
employment standards for women
Article 40: Sexual harassment against women is prohibited. The female victims shall have the right to
file complaints with the units where they work and the departments concerned
Article 58: Where a person, in violation of the provisions of this Law, commits sexual harassment or
domestic violence against a woman, if such act constitutes a violation of the regulations for administration
of public security, the victim may apply to a public security organ for an administrative sanction against
the violator according to law, and may also bring a civil suit in a people's court according to law

 Penal Code, Section 509. in Malaysia
Source: http://www.jobsdb.com.my/
Statement: "Whoever, intending to insult the modesty of any women, utters any words, makes any
sound or gesture or exhibits any object, intending that such word or sound shall be heard, or such
gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which
may extend to 5 years or with fine, or with both“
 It deals more with physical aspects
 The Industrial Relations Act 1967 may be amended to provide for action against sexual
harassment perpetrators

 Sample Complaint Form
Source: http://www.cps-humanresources.org/
The following is the sample sexual harassment complaint form:

 Laws Against Stalking
Source: http://www.corporatetravelsafety.com/
Stalking is a form of crime and the victims of it are supported by the following laws:
Federal Laws:
 18 USC § 2261A
o Interstate Travel to Commit Domestic Violence
o The victim must be a spouse or intimate partner of the defendant
o The defendant must have crossed a State line (or entered or left Indian country) with the
intent to injure, harass, or intimidate one's spouse or intimate partner
o In the course of or as a result of such travel, the defendant intentionally commits a crime of
violence
o The defendant causes bodily injury to the spouse or intimate partner
 42 USC §§ 3796gg, 14031

o Two 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 such as the National Crime Information
Center
California laws
 Penal code 646.9
o A stalker is someone who willfully, maliciously, and repeatedly follows or harasses another
(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

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 types:
o Verbal
o Physical
 The investigator must be impartial and open-minded until the end of the investigation process
 After the completion of the investigation, the documents made by the investigator are forwarded
to the supervisor or to decision makers
 Sexual harassment must be discussed at workers’ meetings or at supervisor meetings
 Conduct awareness programs or periodical training for all the employees on sexual harassment so
that employees are aware of how to maintain discipline and follow a certain code of conduct in the
organization.

Exercise:
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 investigation process.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
5. What are the responsibilities of supervisors?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
6. List the checklist for investigations on sexual harassment.

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
7. What are the preventive steps against sexual harassment?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
8. Explain the various laws against sexual harassment.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
9. What do you understand by the term “stalking”? Explain the various types of stalkers.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________
10. List the laws against stalking.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________________________

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