New sexual harassment law takes effect in 2006

California's sexual harassment law has changed, but the basics remain the same:

Sexual comments or questions; touching; unwanted, repeated requests for dates; suggestive looks, gestures and sounds; jokes, posters, cartoons and screensavers — they can be illegal. Also, people in positions of power are prohibited from using that power to coerce sexual favors from subordinates.

What has changed is the regulation on training supervisors on sexual harassment, so they can teach their employees and hopefully prevent any violations, and know how to respond if there are suspected violations.

The training law affects all employers with 50 or more workers — and that includes UC Davis. Under the law, supervisors must go through at least two hours of classroom or other interactive training once every two years, starting Jan. 1.

UC officials said all faculty members who supervise teaching or research assistants or other staff are subject to the mandatory training requirement. UC is encouraging all faculty to participate because they are likely to be involved in some supervisory activity.

Supervisors are already in compliance if they have had such training since Jan. 1, 2003. For others, the deadline is Dec. 31 — and they have been attending training sessions on campus and within the UC Davis Health System, including the medical center in Sacramento, or taking an online course offered through the UC Office of the President.

Lisa Brodkey, director of Sexual Harassment Education on the Davis campus, said UC established a training program long before the new law took effect, because such training is "good business practice." Now, training is not only "good business practice" but required.

The law comes on the heels of revisions to UC sexual harassment policy. As before, supervisors must respond when someone reports alleged sexual harassment. Then comes something new: Supervisors must consult with sexual harassment offices — on campus or at the medical center — on how to deal with complaints.

In turn, sexual harassment office personnel must make an annual report to the campus administrator in charge of compliance with federal law regarding sex discrimination; in turn, this administrator must report to the Office of the President.

"It's a much needed way of getting us to work as a whole institution," Brodkey said.

Sexual Harassment Education offices work to prevent sexual harassment, and to conciliate problems informally and confidentially. If a complainant is not satisfied by the outcome, he or she may file a formal grievance.

A brochure, "The Ripple Effect," states that "everyone at UC Davis is entitled to an environment free from sexual harassment and discrimination."

"In some instances of sexual harassment, there is behavior of a sexual nature in the workplace or learning environment which creates an intimidating, offensive or hostile environment that affects people's ability to do their job or learn.

"This behavior may occur between peers or between people with unequal power."

The brochure notes the emotional, physical and financial repercussions of sexual harassment, and describes a "far-reaching ripple effect" that can hurt others.

Because of the ripple effect, sexual harassment complaints sometimes come from third parties — people who are not direct recipients of unwanted sexual attention, but who believe that such behavior "has created an offensive or intimidating environment for them."

To inquire about training, call the Sexual Harassment Education office on campus, (530) 752-9255, or at the health system, (916) 734-2259. A UC vendor, Workplace Answers, sent e-mails to supervisors and faculty to advise them of personalized links for connection to the online course.

To make a report or ask for assistance without giving your name, call A-CALL (2-2255) on campus or (530) 752-2255 from off-campus, or (916) 734-2255 for the health system. For emotional support services, call (530) 752-2727 on campus or (916) 734-2727 at the health system.

Media Resources

Clifton B. Parker, Dateline, (530) 752-1932, cparker@ucdavis.edu

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