24. Is This Sexual Harassment?
Since she has already responded positively to his invitations for drinks, he is
probably assuming that she is interested in pursuing a dating relationship and is
taking the next step. Currently, there is no harassment here. However, since he is her
boss, and has the power to fire, promote, and reward her performance, this is a
potentially problematic situation.
If things do not go well in the romantic relationship, the worker may claim that she
was forced into it to keep her job (quid pro quo), etc. On the other hand, if this liaison
goes well, once co-workers find out about the couple (and they almost always do),
they may perceive that Jeanne is receiving special treatment because she is dating the
boss. When workplace romances occur, it is best for one party to leave or to transfer
to another job where he or she is not supervised by the other partner.
6. Steve and Kathy – This can be a case of sexual harassment if Cathy has retaliated
against Steve for rejecting her romantic overtures (quid pro quo). However, nothing
is said here about his actual recent job performance. If she can document that it has
deteriorated, it may become a case of “he said” vs. “she said.” However, if his poor
performance appraisal resulted from the situation creating a hostile work
environment for him, or this is Cathy getting revenge for being rejected, he should
lodge a complaint against his supervisor. In any case, she should never have spoken
to him this way. This case also illustrates that ignoring harassing behavior seldom
solves the problem.
7. Jackie – The boss’ response may have been a conscious or unconscious response to
comfort a grieving employee. Since there is no evidence in the case, Jackie felt this
was a hostile environment and the boss’ behavior probably had no sexual intent, it is
not sexual harassment. The other employee reacted a bit too quickly by jumping to
conclusions.
8. Martin, Jacob, and Tina – Regardless of how attractive Tina is, Jacob is obligated
to take Martin’s complaint seriously. If she is creating a hostile environment for
Martin, this is sexual harassment. Martin was doing the right thing by informing his
supervisor that this attention is unwanted. When a supervisor brushes such a
complaint off, he is allowing the harasser to continue and this type of behavior can
lead to lawsuits.
9. Anna and Caitlin – In the U.S., standing closer than 18–20 inches from another
person at work is often interpreted as “an invasion of personal space.” However, in
some cultures, it is quite normal to stand much closer. So, it is possible that culture is
more of a factor here than Anna’s sexual orientation. In any case, there is no real
evidence here of sexual harassment. Caitlin should just tell Anna that she is crowding
her and that makes her a bit uncomfortable and she needs more space. It is quite
possible that Anna is completely unaware that she is doing this.
24. Is This Sexual Harassment?
III – 42
10. Joe – Times have changed. Regardless of his age, this is inappropriate, sexually
harassing behavior. It has continued for some time and people have complained about
it, so they do find it offensive. However, the supervisor has not taken these
complaints seriously. He needs to realize that he too is vulnerable to a lawsuit
because there is a history of Joe creating a hostile environment and multiple
complaints to a supervisor who defended the harasser.
Additional incidents that can be used for class discussion, assigned as homework, or
used for exams
1. Trish and Laura – Trish often calls her boyfriend from work on her breaks and
speaks to him in a very explicit sexual manner. Laura, the woman in the next cubical
complained to Trish that it was inappropriate to do this on a company phone. So,
Trish continued these conversations on her cell phone.
This is a case of creating a hostile environment at work. The phone conversations are
very sexual in nature, occurring at work, easily overheard by others, and Laura has
brought to Trish’s attention that this is offensive. Whether or not this is occurring on
break time and/or on a personal cell phone doesn’t matter. Others in surrounding
cubicles may also be equally offended by Trish’s behavior. Laura will probably need
to take this complaint to a supervisor. Being subtle seldom stops sexually harassing
behavior.
2. Matt and Luke – Matt, a gay employee, tells dirty jokes at work. Luke, his co-
worker, who is also gay, laughs at these jokes and even encourages Matt by asking if
he has any good jokes to tell him. Luke realizes that Matt sometimes gets out of hand
and doesn’t want others to think that all gay men behave this way. So he writes an
anonymous note to the Human Resources manager detailing Matt’s behavior.
Technically, this is not sexual harassment because Matt’s behavior is not frequent,
Luke has made statements that encourage Matt to continue the behavior, and Luke
has never told Matt that he finds these jokes offensive and even filed the complaint
anonymously. Although sexual harassment can occur between people of the same
sex, this situation does not meet the criteria and the fact that they are both gay has no
bearing on this situation.
3. Ken and Julie – Ken is a young, part-time college athletic coach. His best player,
Julie, is an attractive young woman. Since there are only a few years difference in
their ages and Ken is quite attracted to Julie, he keeps asking her out. She
consistently refuses to go. Traditionally, the best player is appointed as team captain.
However, after Julie tells Ken to stop this behavior, and complains to the Athletic
Director, Ken announces that he will select the captain this year by doing a coin toss.
24. Is This Sexual Harassment?
III – 43
Neither Ken’s part–time status nor Julie’s position as a student negate the college’s
responsibility to protect her from harassment. Title IX of the Educational
Amendments of 1972 prohibits discrimination on the basis of sex in educational
institutions that receive federal financial assistance. However, this case may be
difficult to prove. The timing of Ken’s coin-toss method of selecting the captain
lacked transparency and was not a wise way to change the team leadership structure.
His behavior could be considered as quid pro quo harassment and/or retaliation since
she refused to date him and she complained to his boss.
25. Musical Chairs
MUSICAL CHAIRS
M. June Allard
Assumption College
Worcester State University, Professor Emerita
Goals
• To provide an experience in how it feels to be physically challenged
• To understand how it feels to be unable to communicate with people in the
traditional way
Time Required
Approximately 5 to 15 minutes
Materials
Student instructions and student worksheets from the text, pen or pencil, chart pad or
board and markers or overhead projector, handouts of the solution sheet from teacher’s
manual, or an overhead of the solution.
Instructions
1. Form groups of four to six members with each group sitting in a circle facing each
other.
2. Ask students to read the Musical Chairs instructions in the text.
3. Each group is to solve the problem using ONLY ONE student worksheet per group
and is to come up with ONE GROUP answer. TO SIMULATE THE FEELING OF
LOSING THE CAPACITY TO SPEAK OR THE FRUSTRATION OF USING A
SECOND LANGUAGE, STUDENTS ARE TOLD NOT TO COMMUNICATE
VERBALLY.
Note: Students should be told not to solve the problem independently, but to do so as
a group. It may be necessary to remind them of this periodically; the intent is to
force them to communicate nonverbally with each other.
4. When the group has agreed upon an answer, one member is to raise his/her hand
and share the answer on the Worksheet with the Instructor who does not speak,
but signals by shaking his/her head whether or not the answer is correct.
25. Musical Chairs
5. Call time when about half the groups have the correct answer.
6. The solution to the problem (see solution sheet) can be written on the board or
presented as a PowerPoint slide (included with the PowerPoint slides that accompany
the text) or as a handout.
7. Center class discussion on how students felt while doing the exercise. Generally,
students express frustration, feelings of inadequacy, irritation, and even anger.
Teaching Tip
Feedback from students for whom English is a second language indicates that they
are more comfortable with this exercise than with many others, because it forces
native English speakers to experience what it feels like to be frustrated when trying to
communicate in a less familiar way.
25. Musical Chairs
Diversity on the Web
ACCOMMODATING CHALLENGES
Under the ADA (Americans with Disabilities Act), employers may not discriminate
in the hiring of persons with disabilities. Further, employers are required to provide
reasonable accommodations to enable individuals with disabilities to perform their
jobs and communicate effectively.
Note that tax incentives are provided for “qualified architectural and transportation
barrier removal expenses.” The employer is not required, however, to provide
accommodations primarily for personal use such as hearing aids and wheelchairs.
Directions
1. Search the Internet for jobs and select two postings. Make them as different as
possible: different types of jobs, different levels, different industries, different
qualifications, etc.
2. Try to select jobs for which you have some familiarity.
3. Your instructor will assign a physical challenge for each of your jobs.
4. Assume that someone with the physical challenge assigned to each of your jobs
is by far the best-qualified candidate. Research those disabilities, noting how
many Americans are afflicted.
5. Devise workplace accommodations appropriate for the physical challenge.
Sources
http://www.monster.com http://www.careerbuilder.com
http://www.usa.jobs.gov http://www.hotjobs.yahoo.com
Option: search for employment opportunities
The Office of Disability Employment Policy, part of the U.S. Department of
Labor, maintains JAN (Job Accommodation Network), a valuable resource on
work site accommodations at http://askjan.org.
25. Musical Chairs
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47
MUSICAL CHAIRS
SOLUTION STEPS __ CHAIRS___ . ; . STUDENTS .
RH LH Total RH LH Total
1. Before class 30 5 35 ? ? 50
Total ……………………… 24 4 28 38 5 43
5. Total chairs needed ………..…. 38 5
Chairs in classroom ………….. 24 – 4
Chairs still needed……………. 14 1 ………… 14 Right Hand & 1 Left Hand Chairs
26. Professor on Wheels: A Case of Disability and Diversity
PROFESSOR ON WHEELS
A CASE OF DISABILITY AND DIVERSITY
Mark E. Moore
East Carolina University
Caryl L. Martin
St. Cloud University
Goals
• To gain understanding of the difficulties that persons with disabilities still
encounter in searching for employment in today’s workforce
• To realize how adaptive technology can create employment opportunities for
people with disabilities
• To increase knowledge of the role of leadership in enhancing diversity initiatives
• To identify the benefits and costs of developing a diversified workforce
Case Synopsis
Dr. Edwards graduated from top university programs in the U.S. in the new and growing
field of sport management. He earned high grades, completed significant internships, and
participated in adaptive athletic competitions. He has a strong business background with
mentoring from the best in the field. Such qualifications would appear to offer excellent
credentials for a faculty position in the sport management field. Yet, regardless of the
mounting and positive accomplishments in the field of professional adaptive sports,
securing a faculty post has been an elusive goal.
Dr. Edwards has Cerebral Palsy, a disability that is “protected” by the ADA (Title I).
Despite numerous job interviews, he has not been able to gain employment in a
traditional higher education setting. At last, it may be possible that he will gain a
permanent academic position. His possible appointment, however, rests with a dean who
is caught between advancing her agenda of diversifying the faculty on one hand and on
the other hand, jeopardizing her existing relationships with the college president and the
faculty association by hiring Dr. Edwards.
26. Professor on Wheels: A Case of Disability and Diversity
Cerebral Palsy
Cerebral Palsy (CP) is an umbrella term encompassing a number of physical
abnormalities. CP results from injury to the motor area of the brain with the severity of
injury varying on a case-by case basis.
A number of different impediments can result from the brain injury. Individuals with CP
can experience challenges in walking, talking, seeing, hearing, and learning. Multiple
impediments are sometimes present.
Most of the problems are caused as the baby grows in the womb, but they can occur at
any time during the first two years of life while the baby’s brain is developing. Among
the causes are bleeding in the brain, brain infections such as encephalitis, herpes simplex
infection, head injury, infections in the mother during pregnancy, severe jaundice, etc.
There are several different types of cerebral palsy. Major types include:
• Paraplegia: an impairment of motor or sensory function of the lower
extremities that is usually the result of spinal cord injury or a congenital
condition affecting the neural elements of the spinal cord. Most paraplegics are
dependent upon a wheelchair.
• Hemiplegia: the total paralysis of the arm, leg and trunk on one side of
the body.
• Quadriplegia (also known as tetraplegia): paralysis caused by illness or
injury to the brain or spinal cord that results in the partial or total loss of use of
the torso and all limbs. The loss is usually sensory and motor which means that
both sensation and control are lost. All quadriplegics currently have or have had
some kind of finger dysfunction.
The following websites provide further information about Cerebral Palsy:
• www.cprf.org
• www.ucp.org
• www.cerebralpalsy.org
26. Professor on Wheels: A Case of Disability and Diversity
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50
Points of Law
Title I of the Americans with Disabilities Act of 1990 (ADA) applies to
organizations with 15 or more employees. It mandates that no organization shall
discriminate against a qualified individual with a mental or physical disability
who can perform the essential job functions with or without a reasonable
accommodation. Dean & Randolph, 2011
The Rehabilitation Act of 1973 (amended in 1978, 1992) would also apply to
the Edwards case. This law requires organizations receiving federal funds not to
discriminate against persons with disabilities in employment situations.
Whitney-Thomas & Timmons, 1999
Pedagogy
1. Assign students to read the case and prepare the Discussion Questions before class.
2. Assign students to complete Diversity on the Web assignments before class. Students
may not understand the total requirements of a faculty position (e.g., committees,
conferences, advising, research, etc). This assignment will provide more objective
criteria for hiring faculty beyond teaching skill.
3. Conduct a discussion integrating Cerebral Palsy with the requirements of a faculty
teaching position, broadening the discussion to persons with disabilities seeking
faculty positions.
4. Consider showing videos on ADA and CP. Some suggestions are:
• Americans with Disabilities Act Documentary
(http://videos.disabled-world.com/video/190/americans-with-disabilities-
act-documentary)
• the Americans with Disabilities Act in Practice
(www.youtube.com/watch?v=cBjvNYmUdjs)
• http://www.youtube.com/watch?v=WHBPGqhAwPY
• http://www.youtube.com/watch?v=p5VNdy7_nIM
• http://www.mdjunction.com/cerebral-palsy/videos
5. Discuss student answers to the Discussion Questions.
6. Discuss student answers to the Diversity on the Web assignments #2 and #3.
26. Professor on Wheels: A Case of Disability and Diversity
Theoretical Linkages: Social Stigma Theory and Homosocial Reproduction
The Edwards case is linked to two theories. The first is social stigma theory developed by
Erving Goffman (1963), a theory grounded in the conjecture that others will reject a
person with an undesirable attribute by discrediting and stereotyping her or him.
In Derek Edwards’ case, potential employers rejected him for several positions because
he was deemed unqualified. Based on social stigma theory, Edwards likely was rejected
in many instances, not because of a lack of credentials, but rather due to the stigma of
having Cerebral Palsy. The EEOC suggested this, and the courts supported this, in the
subsequent finding that Edwards was discriminated against in the phone incident. As
such, hiring officials may have felt uncomfortable interacting with Edwards and could
believe that this stigma would preclude him from having effective relationships with his
students.
An additional theory having relevance is homosocial reproduction. Moore and Parkhouse
(2005) posited that people hire individuals like themselves because they are more
comfortable interacting with those with traits similar to their own.
One could theorize that administrators were reluctant to hire Edwards because he did not
possess physical prowess and an accomplished athlete’s status, as do most educators in
the physical activity and sport disciplines. Hence, they could have felt uncomfortable
interacting with Edwards and recommended candidates possessing professional and
competitive backgrounds with which they had familiarity.
Epilogue
Dr. Derek Edwards was eventually hired by Dean Jessop and went on to teach at SCU for
five years. He was tenured before leaving SCU for another institution. Dr. Michele Jessop
was Dr. Edwards’s dean for four years prior to her leaving SCU for a position in the
private sector.
Discussion Questions and Answers
1. How can it be possible that someone with the qualifications and experience of
Dr. Edwards still encounters such difficulties in obtaining employment today?
Subtle types of discrimination remain in our society. Think back to when a
26. Professor on Wheels: A Case of Disability and Diversity
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52
The “good old boys” club is very strong in the hyper-masculine field of sports. Dr.
Edwards was told early in his academic career that jobs in the academic field of Sport
-previously coached the Notre Dame Fighting Irish
–Paul Johnson ………………….…. never played, but…
-former football coach of the Washington Red Skins
said for coaching the opposite gender?
-How many Division I male coaches are currently head coaches in women’s sport
teams?
-Should a person without disabilities serve as a head coach in the Para-Olympics?
2. As a student, would you sign up for a class with Dr. Edwards? Why or why not?
What concerns might you have?
Once students have successfully navigated their way through their first year in
college, many of them ask friends about which courses or professors to take. Some of
them read the various websites dedicated to student comments related to a course or a
professor.
26. Professor on Wheels: A Case of Disability and Diversity
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53
Reasons for enrolling in Dr. Edwards’ courses:
• Skill set: Students could be indifferent regarding who is teaching the course.
Concerns:
Reasons for not enrolling in Dr. Edwards’ classes:
• Non-membership: Athletes and coaches may perceive Dr. Edwards
as not being a member of their “club.” Their concerns may be that Edwards
26. Professor on Wheels: A Case of Disability and Diversity
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54
consider is student experience with foreign instructors whose heavy accents
or limited command of English can also make understanding lectures very
3. What challenges might the university face if Dr. Edwards is hired? What
challenges might Dr. Edwards face?
Hiring an instructor/program director with severe disabilities can be challenging to
the university, the faculty, the students, and also to Dr. Edwards. Place yourself in
each of these roles to help determine what some of the challenges might be for each
of these constituents.
Challenges to the University:
• Accessible classroom and technology (availability, increased expenses,
service personnel, etc.)
Dr. Edwards’ challenges: