Sexual Harassment

1. Sexual Harassment What Supervisors Need to Know

2. Session Objectives • You will be able to: • Understand legal and policy requirements • Recognize what constitutes harassment • Handle complaints effectively • Participate in investigations • Take appropriate corrective action • Maintain a productive work environment

3. Session Outline • Compliance with the law and our policy • What constitutes sexual harassment • Who’s affected by harassment • Handling employee complaints • Conducting investigations • Taking corrective action

4. How Widespread Is Sexual Harassment? • About 70% of women and 20% of men have experienced sexual harassment • About 15,000 sexual harassment cases are filed each year • Charges of sexual harassment cost U.S. companies almost $40 million each year • Complaints filed by men have more than tripled in recent years

5. Why You Need to Know • Sexual harassment: • Damages organizations • Undermines trust and respect • Exposes us to damaging liabilities

6. Harassment and the Law • Title VII • The courts • State law • Equal Employment Opportunity Commission (EEOC)

7. Harassment and the Law (cont.) • EEOC defines sexual harassment as sexual conduct that is: • Unwelcome • Harmful • Illegal

8. Our Policy • Provides a clear statement of our position against sexual harassment • Promotes compliance and prevention by defining responsibilities • Protects your rights and fosters respect for all

9. Our Policy (cont.) • Familiarize yourself with the policy • Publicize the policy • Enforce the policy • Review the policy periodically

10. IsThis Sexual Harassment? A female employee wears miniskirts to work. Is thisinviting harassment? A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment? A male supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment? NO YES YES

11. IsThis Sexual Harassment? (cont.) Two co-workers forward each other off-color jokes they receive in e-mails. Is this sexual harassment? An employee asks a co-worker out. Is this sexual harassment? Two co-workers develop a personal relationship. Is this sexual harassment? NO NO NO

12. Is This Sexual Harassment? (cont.) An employee posts a swimsuit calendar in his work area. Is this sexual harassment? An employee posts a male pinup in her work area. Is this sexual harassment? A good customer makes provocative comments to employees. Is this sexual harassment? YES YES YES

13. Sexual Harassment • Do you understand • Why it’s important to learn about sexual harassment and how it violates the law? • The terms of our policy and your role in publicizing and enforcing it? • What sexual harassment is and is not?

14. Tangible Employment Action • Tangible employment action (quid pro quo) • Automatic liability • Tangible employment action must actually occur

15. Hostile Work Environment • Severe or pervasive conduct (or both) • Intimidating, hostile, or offensive displays

16. Hostile Work Environment (cont.) • Examples include: • Sexually explicit pictures, calendars, graffiti, or objects • Regularly: • Using dirty words • Making sexual jokes • Using obscene gestures • Making rude comments of a sexual nature

17. Tangible Employment Action Or Hostile Work Environment? • An employee is asked to talk about her raise with her supervisor after business hours at a romantic restaurant. • An employee brings a sexually explicit gag gift into work for a co-worker’s birthday present. • This is tangible employment action. • This describes a hostile work environment.

18. Tangible Employment Actionor Hostile Work Environment?(cont.) • A supervisor regularly uses obscene language when talking to his employees. • An employee who appears to be “very close” to the boss always gets the easiest job assignments. • This describes a hostile work environment. • This is tangible employment action.

19. Liability • Automatic liability for supervisor’s tangible employment action • If no tangible employment action, the workplace might avoid liability

20. Liability (cont.) • Liability for actions of co-workers • Liability for actions of customers, clients, and independent contractors

21. Who’s Affected? • Those who commit acts of sexual harassment, including: • Employees at any level • Clients or customers • Members of the same sex

22. Who’s Affected? (cont.) • Those who experience sexual harassment, including: • Direct targets • Bystanders and witnesses

23. Sexual Harassment • Do you understand the two main forms of sexual harassment— tangible employment action and hostile work environment? • Do you understand who may be affected by sexual harassment in the workplace?

24. Handling Complaints • Encourage reporting • Respond to all complaints • Allow employees to bypass the normal chain of command

25. Handling Complaints (cont.) • Respect confidentiality • Strike a balance between confidentiality and the need to investigate • Protect everyone’s rights

26. Dealing with Isolated Incidents • Determine the exact nature of the incident • Counsel the alleged harasser • Reassure the victim • Monitor the situation carefully

27. Conducting Investigations • Questions for the employee filing the complaint Who What Where When How ?

28. Conducting Investigations (cont.) • Questions for the alleged harasser • Questions for witnesses

29. Taking Corrective Action • Take effective remedial action • Balance competing concerns

30. Taking Corrective Action (cont.) • Make certain the victim is not adversely affected • Stop the harassment and make sure it doesn’t recur

31. Taking Corrective Action(cont.) • Correct the effects of the harassment • Follow up to make sure the problem is solved

32. Key Points to Remember! • Sexual harassment is prohibited by law and workplace policy • It involves more than physical conduct; it can also be verbal or visual • Sexual harassment harms us all • You have a responsibility to help prevent it