Sexual-Harassment-Prevention
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Sexual harassment.
You've heard about it.
Maybe you think you
know what it is.
But what is it really?
Sexual remarks.
I'd say it's any sort of sexual
advancement that's unwelcome.
I guess it could be
something innocent,
like looking at
someone the wrong way,
or to make them feel
uncomfortable, or inappropriate
touching.
Someone talks to
you about something
that's really personal to
you or your personal life
without you wanting to talk
about it, and you've told them,
don't talk about it anymore.
It's just plain wrong, something
that shouldn't be done.
It has no place on-board
this vessel or on any ship.
Sexual harassment is
not well understood,
and it be even riskier
in a maritime setting.
It can cost your company
hundreds of thousands
of dollars and create
an unsafe workplace.
It can cost you your job.
It can end your career.
And it can destroy
you financially.
In this video, we will
explain sexual harassment.
We will reveal the
risks, see examples,
and learn how to handle
situations as they arise.
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It's a fact and sexual
harassment on a vessel
can get much more serious
than sexual harassment
in a land-based job,
and for one key reason.
They are not just working
together for eight hours a day
or 12 hours a day.
They are living together.
They are sharing bathrooms.
They are eating
together in the galley.
They are with each other,
in some sense, 24/7.
People on a ship are
working at close quarters.
It's a high-risk environment
compared to land-based jobs.
Land-based job, you can go home.
You can see your
family or friends.
You can work out.
You can have releases.
But on-board, 24/7
you're with that person.
In this video, you will
learn about sexual harassment
prevention.
You will learn how to
avoid sexual harassment
and why to avoid it.
We will look at unacceptable
bad behavior and false myths
about sexual harassment.
You will understand
the legal definition
of sexual harassment and the
very serious consequences.
And you will learn proper
reporting procedures,
as well as how to prevent sexual
harassment in the first place.
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It's all too easy for a
mariner, male or female,
to fall into a pattern of
unacceptable bad behavior that
can lead to a sexual
harassment claim.
At sea, there's a tendency for
lots of kidding, some flirting,
some just fooling around,
just having a good time.
But there are certain
instances where they just
take it a little
bit too far, and you
need to be aware of that.
When you think about
sexual harassment on-board,
where does it really start?
It could be with just a joke.
It could be pictures that are
plastered in the engine room.
Where is a safe place
to do those things?
On-board a vessel, where the
entire vessel is a workplace,
there is no safe place.
Bad behavior that can
get you into trouble
falls into three categories--
verbal, visual, and physical.
In the verbal area, stray
remarks, offensive remarks,
making passes, commenting about
appearances of a coworker,
particularly sexual
aspects of the appearance
of a coworker-- all of
those kinds of things
can be construed as
sexual harassment
or support a hostile
work environment claim.
Consider this
real-world example.
Three male crew members stand
talking among themselves.
A fourth mariner arrives
and joins the group.
One of the mariners
greets the newcomer
with an inappropriate
and sexually suggestive
remark about his wife.
"Hey, how's your wife
and my girlfriend doing?"
The fourth marine's face
reddens, and an angry look
comes across it.
What you have just
witnessed is an example
of verbal sexual harassment.
Bad verbal behavior
could easily contribute
to a sexual harassment claim.
Avoid making comments about
a coworker's appearance,
especially comments that might
seem sexually suggestive.
Think before you speak, and
avoid making offensive remarks.
And be careful not to
make passes at coworkers
because these,
too, can contribute
to a sexual harassment claim.
In the visual area,
calendars or photographs
of scantily-clad women
staring or leering,
even tight-fitting
or revealing attire,
all can be used as evidence
in a sexual harassment claim.
Here's another
real-world example.
A male crew member
finishes his shift
and opens the door
to his locker.
Inside the door are pictures
of scantily-clad women,
pictures that he
barely notices anymore.
But just over his shoulder,
a new female crew member
notices and naturally
takes offense.
Without realizing it,
this male crew member
may have just added damaging
evidence to a sexual harassment
claim.
The third area of bad
behavior is physical,
and it is the riskiest of
all areas of bad behavior.
When it comes to
physical examples,
touching in an inappropriate
place, inappropriate touching,
simply brushing
against a coworker,
particularly if it's
repetitive and doesn't seem
to be accidental or
doesn't appear accidental,
that can support a hostile
work environment claim.
And of course, anything
approaching a sexual assault
is going to support a rather
serious sexual harassment
claim.
Here is another
real-world example.
A female crew
member takes a break
with a cup of coffee in the
galley after a long, hard day.
The harasser, perhaps not
intending anything bad,
comes up behind, unwelcome, and
begins to rub her shoulders.
Her reaction is shock,
perhaps even fear.
And this incident could
well become a part
of a sexual harassment claim.
I think mariners, when they
are leering or joking or making
sexual advances, somewhere
in their behavior
they think that that's OK.
But it's not.
It's unacceptable behavior
on a vessel, or anywhere.
But on a vessel, it's
more exaggerated because
of the isolation.
Remember, a vessel can be
a high-risk environment
for sexual harassment claims.
It's critical that you avoid
bad behavior-- verbal, visual,
or physical-- that
can contribute
to a sexual harassment claim.
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There are two kinds
of sexual harassment,
and it's important for you
to understand the difference
to correctly identify and
report sexual harassment.
The first kind is called
hostile work environment
sexual harassment, and the
second is called quid pro quo
sexual harassment.
And they are
defined differently.
Hostile work environment
sexual harassment
is just like it sounds.
It's unwelcome
conduct, comments,
or conditions in
the workplace based
on sex that rise to the
level of harassment.
For a seafarer,
what it really means
is it's obnoxious
behavior in the workplace
based on sex that is bad enough
to bother a judge or a jury.
And that's an important
thing to consider
because it's not what you think
that is acceptable that counts.
It's what a land-based
judge and jury
are going to think when the
harassment claim goes to court.
The second kind of
sexual harassment
is called quid pro quo.
Quid pro quo harassment
is different,
and that is based on the
hierarchy in the workplace
or on the ship.
It involves exchanging
one thing for another.
Quid pro quo is Latin for
I'll trade you this for that.
Quid pro quo sexual harassment
involves a supervisor
offering job benefits in
exchange for sexual favors
by a subordinate,
or the flip side
of that-- threatening
negative action
if the subordinate
does not go along
with his request
for sexual favors.
Quid pro quo is where that
supervisor tells the worker
that if they really want a
raise or a new promotion,
if I can get a trade
or a favor for it,
then they can receive it.
When it comes to sexual
harassment at sea,
there are any number of
old-fashioned, commonly held
beliefs that are simply wrong.
We call these false myths.
There are certain myths
around sexual harassment
in the maritime workplace.
The first one that comes to
mind is what happens at sea,
stays at sea.
You may think that's
sexual harassment that
happens thousands of miles
away from the home office
is somehow off the radar,
but it's not the case.
It's just not true.
It's a very small community.
Word gets out fairly quickly.
And it'll come back to bite you.
The fact is word
gets back, especially
in this age of social
media, like Facebook.
And judges and juries
will hold the ship
to the same standards
as any plant, or office,
or land-based workplace.
And this has very serious
consequences for anyone
who believes what happens
at sea, stays at sea.
Another commonly held myth
about sexual harassment
is that woman provoke
the harassment
by the way they dress or
by the way they behave.
It's surprising how
many seafarers still
believe this old myth.
It's a tough case to defend.
I don't think that
judges or juries
are very sympathetic to the
idea that the woman provoked
this awful behavior,
this offensive behavior,
because of the way she dressed.
If that's the defense
going into trial,
you better settle the case.
Another myth is that if you
ignore sexual harassment,
it'll go away.
But on a ship, there's really
nothing to take it away.
It's a limited environment.
It'll stay with you,
and it won't go away.
It's too easy to think that if
you ignore sexual harassment,
it will just go away.
In fact, in case after case,
the problem doesn't go away.
It gets worse and
worse, and leads
to very serious circumstances.
Sexual harassment based
on sexual orientation
as a hot topic these
days-- people making jokes
or making remarks about sexual
orientation in the workplace.
And the myth there is
that somehow that's
thought to be less serious
than traditional forms
of sexual harassment,
male-on-female harassment.
It's not less serious.
It's every bit as risky,
both to the employer
and to the employees
who are engaged
in that kind of behavior.
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The consequences of a
sexual harassment lawsuit
are severe, both for the
harasser and for the company.
For the harasser, it won't
just cost you your job.
It can end your career,
destroy your marriage,
and ruin you financially.
For the employer, it can
cost hundreds of thousands
of dollars in court costs
alone, on top of the disruption
and lost productivity.
The consequences of a sexual
harassment claim to an employer
can be very severe, and very
disruptive, and very expensive.
Even in relatively minor
claims, the verdicts
can get into the tens and
even hundreds of thousands
of dollars just for the
compensatory damages alone.
The employer has to pay its own
attorney to defend the case.
And then the
employer, if it loses,
has to pay the plaintiff's
attorney fees as well.
And the attorney's fees in
these kinds of cases themselves
can go up for hundreds
of thousands of dollars.
The employer also has to deal
with cost stemming from lost
productivity, disruption
to operations,
and the effects on
morale that all result
from a sexual harassment claim.
Disruption starts
when the claim is made
and all the coworkers
need to be interviewed.
But it gets worse when the
lawsuit picks up steam,
and depositions are
taken, and people
are subpoenaed to testify.
It takes years and
thousands of dollars.
That adds additional
disruption to the workplace
and creates conflict,
creates gossip,
creates all kinds
of other issues
in the workplace that
aren't particularly
conducive to productivity.
Consequences for the harasser
in a sexual harassment case
can be extremely severe,
starting with losing your job.
If you're accused of
sexual harassment,
you could lose your job,
and that's the bottom line.
And I don't think that there
is a captain out there that's
going to jeopardize their
license to save you.
But losing your job
is just the beginning.
The harasser might simply
be cut lose by the employer
and left to defend
himself or herself.
The harasser can even
be sued personally,
with mounting court costs and
legal fees that could ruin him
or her financially.
It could mean the loss of your
home, the end of your marriage.
And when it comes to finding a
new job, after word gets out,
don't expect it to be easy.
It's a very small
field that we work in.
These incidents
can be brought back
to your institution, brought
back to your company,
and it can really
affect your reputation.
It can really hurt you.
It can actually end a career.
So when you think through
the consequences, which
include job actions up to
and including termination,
the financial impact of
being sued personally,
and the difficulty of finding
a new job after word gets out,
why even risk it?
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I think when a victim is
sexual harassed on-board,
everyone knows about it.
Even though you think
that it's not known,
everyone does know about it.
Depending on the severity of
the harassment, the victim
of sexual harassment
can have sometimes
some very devastating
emotional consequences to it--
psychological treatment,
inability to work.
If you feel that you have been
the victim of sexual harassment
in the workplace, the
first thing you should do
is keep a record
of the harassment.
It's really important when
something occurs to report it,
to write it down, the
date and the time,
and keep a record
of what's happening.
And while every
company or institution
has its own particular
policy, all policies
include the following
general principles.
The individual
has to keep a log.
It's important to document
what has taken place
and be prepared to share
that with the supervisor,
whether it be the human
resource department
or your immediate supervisor.
And let them know that this
is a serious situation,
and that it needs to stop.
It's important to
not hide behind it
or to feel that
you're not at liberty
to discuss it with anyone.
It's important that it be
taken seriously and taken up
with the management right away.
Any good sexual
harassment policy
has a provision this tells
the employees that if they
are harassed, if
they feel like they
are the victim of sexual
harassment in the workplace,
that they not only can but
they should, and must, report
the harassment to a
supervisor, whoever
they feel comfortable with.
If they're not comfortable with
their immediate supervisor,
then they can go up the
chain to the captain
or to the HR department at
the home office on land,
as far as that goes, as well.
They're encouraged
to report, and they
are required to report.
Let's say, as a
crew member, you've
noticed that a coworker
is behaving badly,
in a way that could be
seen as sexual harassment.
What should you do?
What steps should you take?
If you are a crew member and
you see something or hear
something, I think
it's very important
to address it right there
with those other crew members.
Definitely that person who
is standing by and watching
and hearing this
abuse go on, they
have to step in
and do something.
They can't allow it to go on.
But what if that doesn't work?
What if the bad
behavior does not stop
and the harassment continues?
If you're a witness to a
sexual harassment occurrence,
or you see something
that's not appropriate,
you have a
responsibility to notify
your director, your
captain, your chief engineer
that this is taking
place and that you
want to stop-- you
want to prevent this
from going any further.
Sexual harassment on-board
must be addressed,
must be reported-- and
not just by the victim,
but by any crew member
who sees it on-board.
Now, as you were
watching this program,
if you find yourself
thinking, have I maybe
crossed the line
of bad behavior?
Could I be accused
of sexual harassment?
What should you do?
First thing you should
do is stop your behavior.
This behavior is not acceptable.
It's not legal.
It shouldn't continue.
And it needs to
start right away.
If you think you could be
accused of sexual harassment--
Probably the first thing to
do is to stop doing that,
to stop that behavior.
Apologize might be a
good thing to do as well.
If the relationship
between you and the person
that you think you might
have been harassing
has soured in a way that
you probably shouldn't even
approach that person,
then the next thing to do
would be to go tell
your supervisor, look,
I think we're
having this problem.
This is what I did.
I'd like to solve it.
I need to report it to you.
And let the employer
take it from there.
When it comes to sexual
harassment on-board,
whether you're a
victim, or a witness,
or a crew member who has
maybe crossed that line,
the best thing to do is
to deal with the issue
immediately, to
make sure it stops,
and to avoid all of
the expense, pain,
and disruption of
a sexual harassment
claim going to court.
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The best way to avoid costly
and disruptive sexual harassment
claims is to prevent
harassment from happening
in the first place.
For a crew member, this
means avoiding behavior
that might be viewed
as sexual harassment
by the target of your attention.
And remember, it's not
what you think that counts.
It's what the victim
thinks that really matters.
You may want to be careful
about joking and teasing
that goes on on a ship.
It's not uncommon
to pick up a joke
and run with it for two or
three days or two or three weeks
and have it build up
build up and build up.
And it can become a problem for
that individual who's receiving
the brunt of those jokes.
A good rule of thumb is this.
Think before you speak.
If the joke or remark seems
inappropriate in any way,
then it probably
is inappropriate.
And then ask yourself,
is this something
I would ever say to my
daughter or my spouse?
If the answer is no,
then keep it to yourself.
Another good rule
of thumb is to avoid
dating coworkers on-board.
Time and time again,
romantic relationships
on-board have ended up with
sexual harassment claims.
Supervisors and
subordinates engaging
in romantic relationships-- once
the romantic relationship ends,
the relation changes to
supervisor and subordinate
again.
It's very different.
It's perceived as different.
And it could be perceived as
retaliatory, and often is.
It's always a good
idea to review
the policy of your
company or institution
to help prevent
sexual harassment.
But remember, the
responsibility for avoiding
a sexual harassment
claim lies with you.
Be careful with your
comments and your behavior
to prevent the sexual
harassment claim from happening
in the first place.
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As the management of a
company or a port office,
your first responsibility
is to the safety and welfare
of your employees,
your crew members.
You want to protect your
folks who are working for you.
And you also have a
responsibility and a concern
over having it go
to a lawsuit, which
can be extremely
costly for the company,
disruptive to the organization,
and cause lots of problems.
If we can educate
people on-board about,
really, what is sexual
harassment and the definition
of it, and they get a clear idea
of where are those boundaries
on-board-- and it's
all about, really, just
treating people fairly.
Sexual harassment.
In this program,
we've looked at areas
of bad behavior, legal
definitions, false myths,
and serious consequences.
And we've learned about
reporting and preventing
sexual harassment
in the first place.
Now it's your turn.
Do your part to stop
sexual harassment
and to help make your
vessel or maritime
workplace safer as a result.
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